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
    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) 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.
   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.