Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SB 556
                                Barcode 117026                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/22/2011           .                                

       The Committee on Criminal Justice (Dockery) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 414.145, Florida Statutes, is created to
    6  read:
    7         414.145 Drug-screening program.—
    8         (1) The Department of Children and Family Services, shall
    9  require a drug test consistent with s. 112.0455 to screen each
   10  individual that applies for Temporary Assistance to Needy
   11  Families (TANF). The cost of drug testing shall be the
   12  responsibility of the individual.
   13         (a) Individuals subject to the requirements of this section
   14  include any parent or caretaker relative who is included in the
   15  cash assistance group, including individuals who may be exempt
   16  from work activity requirements due to the age of the youngest
   17  child or who may be excepted from work activity requirements
   18  under s. 414.065(4).
   19         (b) Individuals who test positive for controlled substances
   20  as a result of a drug test required under this law will be
   21  ineligible to receive TANF benefits for one year.
   22         (2) The Department of Children and Family Services shall:
   23         (a) Provide notice of drug testing to each individual at
   24  the time of application. The notice must advise the individual
   25  that drug testing will be conducted as a condition for receiving
   26  TANF benefits, and that the individual must bear the cost of
   27  testing. The individual shall be advised that the required drug
   28  testing may be avoided if the individual does not apply for TANF
   29  benefits. Children under the age of 18 shall be exempt from the
   30  drug-testing requirement.
   31         (b) Require that for two-parent families, both parents must
   32  comply with the drug testing requirement.
   33         (c) Advise each person to be tested, before the test is
   34  conducted, that he or she may, but is not required to, advise
   35  the agent administering the test of any prescription or over
   36  the-counter medication he or she is taking.
   37         (d) Require each person to be tested to sign a written
   38  acknowledgment that he or she has received and understood the
   39  notice and advice provided under paragraphs (a) and (c).
   40         (e) Assure each person being tested a reasonable degree of
   41  dignity while producing and submitting a sample for drug
   42  testing, consistent with the state’s need to ensure the
   43  reliability of the sample.
   44         (f) Specify circumstances under which a person who fails a
   45  drug test has the right to take one or more additional tests.
   46         (g) Inform individuals who test positive for controlled
   47  substances and are deemed ineligible for TANF benefits that they
   48  may re-apply for those benefits one year after the date of the
   49  positive drug test. If the individual tests positive again, he
   50  or she shall be ineligible to receive TANF benefits for three
   51  years from the date of the second positive drug test.
   52         (h) Provide any individual who tests positive with
   53  information concerning substance abuse treatment programs that
   54  may be available in the area in which he or she resides. Neither
   55  the department nor the state is responsible for providing or
   56  paying for substance abuse treatment as part of the screening
   57  conducted under this section.
   58         (3) Benefits relating to children:
   59         (a) If a parent is deemed ineligible for TANF benefits due
   60  to the failure of a drug test under this act, his or her
   61  dependent child’s eligibility for TANF benefits is not affected.
   62         (b) If a parent is deemed ineligible for TANF benefits due
   63  to the failure of a drug test, an appropriate protective payee
   64  will be established for the benefit of the child.
   65         (c) The parent may choose to designate another individual
   66  to receive benefits for the parent’s minor child. The designated
   67  individual must be an immediate family member or, if an
   68  immediate family member is not available or the family member
   69  declines the option, another individual, approved by the
   70  department, may be designated. The designated individual must
   71  also undergo drug testing before being approved to receive
   72  benefits on behalf of the child. If the designated individual
   73  tests positive for controlled substances, he or she will be
   74  deemed ineligible to receive benefits on behalf of the child.
   75         (4) The Department of Children and Families shall adopt
   76  rules as necessary to implement this law.
   77         Section 2. This act shall take effect on July 1, 2011.
   79  ================= T I T L E  A M E N D M E N T ================
   80         And the title is amended as follows:
   81         Delete everything before the enacting clause
   82  and insert:
   83                        A bill to be entitled                      
   84         An act relating Temporary Assistance to Needy
   85         Families; creates s. 414.145 F.S.; requiring the
   86         Department of Children and Families to perform a drug
   87         test on individuals who apply for Temporary Assistance
   88         for Needy Families benefits; makes individuals
   89         responsible for bearing the cost of drug testing;
   90         requiring certain notice; providing procedures for
   91         testing, and retesting; providing for notice of local
   92         substance abuse programs; providing that, if a parent
   93         is deemed ineligible due to a failure of a drug test,
   94         the eligibility of the children will not be affected;
   95         providing an effective date.