Florida Senate - 2011                                     SB 556
       By Senator Oelrich
       14-00488B-11                                           2011556__
    1                        A bill to be entitled                      
    2         An act relating to drug screening of potential and
    3         existing beneficiaries of temporary cash assistance;
    4         creating s. 414.0652, F.S.; providing legislative
    5         intent; requiring the Department of Children and
    6         Family Services to establish a drug-screening program;
    7         requiring consent to drug screening as a condition to
    8         eligibility for or receipt of temporary cash
    9         assistance; limiting screening to certain persons;
   10         providing definitions; providing for notice; providing
   11         terms of disqualification for temporary cash
   12         assistance; requiring the department to supply
   13         information concerning substance abuse treatment;
   14         providing screening procedures; providing for the
   15         preservation of screening and confirmatory testing
   16         specimens; directing the department to submit a report
   17         to the Governor and Legislature; amending s. 414.095,
   18         F.S.; revising requirements for determination of
   19         eligibility for temporary cash assistance to conform
   20         to changes made by the act; providing an effective
   21         date.
   23  Be It Enacted by the Legislature of the State of Florida:
   25         Section 1. Section 414.0652, Florida Statutes, is created
   26  to read:
   27         414.0652 Drug-screening program.—
   28         (1) LEGISLATIVE INTENT.—It is the intent of the Legislature
   29  to create a drug-screening program within the Department of
   30  Children and Family Services.
   32         (a) The department shall establish a drug-screening program
   33  that requires an individual, as a condition to eligibility for
   34  or receipt of temporary cash assistance, to consent to being
   35  subject to drug screening.
   36         (b) The department shall:
   37         1. Make a determination of eligibility under s. 414.095
   38  before an applicant is selected for drug screening.
   39         2. Provide notice of the potential for drug screening to
   40  individuals applying for or receiving temporary cash assistance.
   41         3. Require an applicant or participant to sign an
   42  acknowledgment that he or she has received notice of the
   43  department’s drug-screening policy and that he or she has a
   44  right to refuse to undergo the drug screening.
   45         (c) The department may only screen an applicant who has
   46  been convicted of a drug felony within the prior 3 years and
   47  shall continue to screen that individual for 3 years after the
   48  date upon which the individual begins receiving temporary cash
   49  assistance.
   50         (d) The program must be implemented no later than July 1,
   51  2012.
   52         (3) DEFINITIONS.—As used in this section, the term:
   53         (a) “Confirmation test” or “confirmatory testing” means a
   54  second analytical procedure used to identify the presence of a
   55  specific drug or metabolite in a specimen. The confirmation test
   56  must be different in scientific principle from that of the
   57  initial drug-screening procedure and must be capable of
   58  providing the requisite specificity, sensitivity, and
   59  quantitative accuracy. A confirmation test may only be
   60  administered if an applicant or participant tests positive for a
   61  drug during an initial drug screening.
   62         (b) “Drug” means an amphetamine, a tetrahydrocannabinol,
   63  oxycodone, cocaine, phencyclidine (PCP), an opiate, a
   64  barbiturate, a benzodiazepine, a methamphetamine, a
   65  propoxyphene, a tricyclic antidepressant, or a metabolite of any
   66  of the substances listed in this paragraph.
   67         (c) “Drug screening” or “screen” means any chemical,
   68  biological, or physical instrumental analysis administered by a
   69  laboratory certified by the United States Department of Health
   70  and Human Services or licensed by the Agency for Health Care
   71  Administration for the purpose of determining the presence or
   72  absence of a drug or its metabolites.
   73         (d) “Initial drug screening” or “initial screen” means a
   74  sensitive, rapid, and reliable procedure to identify negative
   75  and presumptive positive specimens. All initial screens shall
   76  use an immunoassay procedure or an equivalent or shall use a
   77  more accurate scientifically accepted method approved by the
   78  United States Food and Drug Administration or the Agency for
   79  Health Care Administration, as more accurate technology becomes
   80  available in a cost-effective form.
   81         (e) “Nonprescription medication” means a medication that is
   82  authorized pursuant to federal or state law for general
   83  distribution and use without a prescription for the treatment of
   84  human diseases, ailments, or injuries.
   85         (f) “Prescription medication” means a drug or medication
   86  obtained pursuant to a prescription as defined in s. 893.02.
   87         (g) “Specimen” means a tissue, hair, or product of the
   88  human body capable of revealing the presence of a drug or its
   89  metabolites. A urine specimen shall be collected and analyzed
   90  for all initial drug screens and confirmation tests under this
   91  section.
   93         (a) An individual is disqualified from receiving or
   94  continuing to receive temporary cash assistance if the
   95  individual:
   96         1. Refuses to submit to drug screening under this section.
   97  Eligibility for temporary cash assistance is restored when the
   98  individual agrees to be screened; or
   99         2. Tests positive for drugs as a result of a confirmation
  100  test performed under this section.
  101         (b) If the individual fails the confirmation test required
  102  under this section, the individual:
  103         1. Is not eligible to receive temporary cash assistance for
  104  3 years.
  105         2. If a parent, may choose to designate another individual
  106  to receive benefits for the parent’s minor child. The designated
  107  individual must be an immediate family member or, if an
  108  immediate family member is not available or the family member
  109  declines the option, another individual, approved by the
  110  department, may be designated. Approval may not be granted if
  111  the designated individual has been convicted of a drug felony
  112  within the prior 3 years.
  113         (c) The department shall provide any individual who tests
  114  positive with information concerning substance abuse treatment
  115  programs that may be available in the area in which he or she
  116  resides. Neither the department nor the state is responsible for
  117  providing or paying for substance abuse treatment as part of the
  118  screening conducted under this section.
  119         (d) The cost of screening and confirmatory testing shall be
  120  paid by the individual being screened and tested, and the
  121  department shall solicit competitive bids for drug-screening and
  122  confirmatory testing services to ensure the lowest possible cost
  123  for administering the drug screen and confirmation test.
  124         (5) USE OF RESULTS.—
  125         (a) All specimen collection and screening and testing for
  126  drugs under this section must be performed in accordance with
  127  the following procedures:
  128         1. The individual to be screened or tested must provide
  129  written consent to be screened or tested for drugs on a form
  130  developed by the department.
  131         2. A specimen shall be collected with due regard to the
  132  privacy of the individual providing the specimen and in a manner
  133  reasonably calculated to prevent substitution or contamination
  134  of the specimen.
  135         3. Specimen collection must be documented, and the
  136  documentation procedures must include:
  137         a. Labeling of specimen containers so as to reasonably
  138  preclude the likelihood of erroneous identification of drug
  139  screen or confirmation-test results.
  140         b. A form on which the individual undergoing drug screening
  141  or confirmatory testing may provide any information he or she
  142  considers relevant to the screen or test, including
  143  identification of currently or recently used prescription or
  144  nonprescription medication or other relevant medical
  145  information. The form must provide notice of the most common
  146  medications by brand name or common name, as applicable, as well
  147  as by chemical name, which may alter or affect a drug screen or
  148  confirmation test. The providing of information does not
  149  preclude the administration of the drug screen or test, but must
  150  be taken into account in interpreting any positive drug-screen
  151  or confirmation-test result.
  152         4. Specimen collection, storage, and transportation to the
  153  screening or testing site must be performed in a manner that
  154  reasonably precludes contamination or adulteration of specimens
  155  as specified in the department’s drug-screening and
  156  confirmatory-testing protocols, policies, and procedures.
  157         (b) A specimen that produces a positive screen or positive
  158  test result must be preserved for a certain period of time as
  159  established by the department’s drug-screening and confirmatory
  160  testing protocols, policies, and procedures. The length of time
  161  for the preservation of specimens shall be consistent with
  162  industry standards. However, if the screened or tested
  163  individual undertakes an administrative or legal challenge to
  164  the drug-screen or confirmatory-test result, the specimen must
  165  be preserved until the case or administrative appeal is settled.
  166         (6) REPORT.—The department shall submit a report to the
  167  Governor, the President of the Senate, and the Speaker of the
  168  House of Representatives by January 1, 2013, which includes:
  169         (a) The number of individuals screened and tested, a list
  170  of the substances for which individuals were screened and
  171  tested, and the results of the screening and testing.
  172         (b) The number of applicants denied temporary cash
  173  assistance for failing a confirmation test and the number of
  174  recipients for whom temporary cash assistance was terminated for
  175  refusing to submit to a drug screen or confirmation test or
  176  failing a confirmation test while receiving benefits.
  177         (c) The number of individuals who refused to be screened.
  178         (d) The number of weeks and the amount of temporary cash
  179  assistance for which individuals would have been eligible if
  180  they had not tested positive or refused to be screened.
  181         (e) An estimate of the costs of the drug-screening program,
  182  including the average cost of individual drug screens and
  183  confirmation tests and the cost of administering the program.
  184         Section 2. Subsection (1) of section 414.095, Florida
  185  Statutes, is amended to read:
  186         414.095 Determining eligibility for temporary cash
  187  assistance.—
  188         (1) ELIGIBILITY.—An applicant must meet eligibility
  189  requirements of this section before receiving services or
  190  temporary cash assistance under this chapter, except that an
  191  applicant shall be required to register for work and engage in
  192  work activities in accordance with s. 445.024, as designated by
  193  the regional workforce board, and may receive support services
  194  or child care assistance in conjunction with such requirement.
  195  The department shall make a determination of eligibility based
  196  on the criteria listed in this chapter. The department shall
  197  monitor continued eligibility for temporary cash assistance
  198  through periodic reviews consistent with the food assistance
  199  eligibility process. Benefits shall not be denied to an
  200  individual solely based on a felony drug conviction, unless the
  201  conviction is for trafficking pursuant to s. 893.135. To be
  202  eligible under this section, an individual convicted of a drug
  203  felony must be satisfactorily meeting the requirements of the
  204  temporary cash assistance program and s. 414.0652, including all
  205  substance abuse treatment requirements. Within the limits
  206  specified in this chapter, the state opts out of the provision
  207  of Pub. L. No. 104-193, s. 115, that eliminates eligibility for
  208  temporary cash assistance and food assistance for any individual
  209  convicted of a controlled substance felony.
  210         Section 3. This act shall take effect July 1, 2011.