Florida Senate - 2011 COMMITTEE AMENDMENT Bill No. SB 556 Barcode 909042 LEGISLATIVE ACTION Senate . House Comm: WD . 03/22/2011 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Criminal Justice (Dockery) recommended the following: 1 Senate Amendment (with title amendment) 2 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) or Supplemental Nutrition Assistance Program 12 (SNAP). The cost of drug testing shall be the responsibility of 13 the individual. 14 (a) Individuals subject to the requirements of this section 15 include any parent or caretaker relative who is included in the 16 cash assistance group, including individuals who may be exempt 17 from work activity requirements due to the age of the youngest 18 child or who may be excepted from work activity requirements 19 under s. 414.065(4). 20 (b) Individuals who test positive for controlled substances 21 as a result of a drug test required under this law will be 22 ineligible to receive TANF or SNAP benefits for one year. 23 (2) Procedures for the Department of Children and Family 24 Services shall: 25 (a) Provide notice of drug testing to each individual at 26 the time of application. The notice must advise the individual 27 that drug testing will be conducted as a condition for receiving 28 TANF or SNAP benefits, and that the individual must bear the 29 cost of testing. The individual shall be advised that the 30 required drug testing may be avoided if the individual does not 31 apply for TANF or SNAP benefits. Children under the age of 18 32 shall be exempt from the drug-testing requirement. 33 (b) Require that for two-parent families, both parents must 34 comply with the drug testing requirement. 35 (c) Advise each person to be tested, before the test is 36 conducted, that he or she may, but is not required to, advise 37 the agent administering the test of any prescription or over 38 the-counter medication he or she is taking. 39 (d) Require each person to be tested to sign a written 40 acknowledgment that he or she has received and understood the 41 notice and advice provided under paragraphs (a) and (c). 42 (e) Assure each person being tested a reasonable degree of 43 dignity while producing and submitting a sample for drug 44 testing, consistent with the state’s need to ensure the 45 reliability of the sample. 46 (f) Specify circumstances under which a person who fails a 47 drug test has the right to take one or more additional tests. 48 (g) Individuals who test positive for controlled substances 49 and are deemed ineligible for TANF or SNAP benefits may re-apply 50 for those benefits one year after the date of the positive drug 51 test. If the individual tests positive again, he or she shall be 52 ineligible to receive TANF or SNAP benefits for three years from 53 the date of the second positive drug test. 54 (h) Provide any individual who tests positive with 55 information concerning substance abuse treatment programs that 56 may be available in the area in which he or she resides. Neither 57 the department nor the state is responsible for providing or 58 paying for substance abuse treatment as part of the screening 59 conducted under this section. 60 (3) Benefits relating to children: 61 (a) If a parent is deemed ineligible for TANF or SNAP 62 benefits due to the failure of a drug test under this act, his 63 or her dependent child’s eligibility for TANF or SNAP benefits 64 is not affected. 65 (b) If a parent is deemed ineligible for TANF or SNAP 66 benefits due to the failure of a drug test, an appropriate 67 protective payee will be established for the benefit of the 68 child. 69 (c) The parent may choose to designate another individual 70 to receive benefits for the parent’s minor child. The designated 71 individual must be an immediate family member or, if an 72 immediate family member is not available or the family member 73 declines the option, another individual, approved by the 74 department, may be designated. The designated individual must 75 also undergo drug testing before being approved to receive 76 benefits on behalf of the child. If the designated individual 77 tests positive for controlled substances, he or she will be 78 deemed ineligible to receive benefits on behalf of the child. 79 (4) The Department of Children and Families shall adopt 80 rules as necessary to implement this law. 81 Section 2. This act shall take effect on July 1, 2011. 82 83 84 ================= T I T L E A M E N D M E N T ================ 85 And the title is amended as follows: 86 Delete everything before the enacting clause 87 and insert: 88 A bill to be entitled 89 An act relating Temporary Assistance to Needy 90 Families; creates s. 414.145 F.S.; requiring the 91 Department of Children and Families to perform a drug 92 test on individuals who apply for Temporary Assistance 93 for Needy Families or Supplemental Nutrition 94 Assistance Program benefits; makes individuals 95 responsible for bearing the cost of drug testing; 96 requiring certain notice; providing procedures for 97 testing, and retesting; providing for notice of local 98 substance abuse programs; providing that, if a parent 99 is deemed ineligible due to a failure of a drug test, 100 the eligibility of the children will not be affected; 101 providing an effective date.