Florida Senate - 2011                              CS for SB 556
       By the Committee on Criminal Justice; and Senators Oelrich,
       Dockery, and Garcia
       591-02842-11                                           2011556c1
    1                        A bill to be entitled                      
    2         An act relating the Temporary Assistance for Needy
    3         Families Program; creating s. 414.145, F.S.; requiring
    4         the Department of Children and Family Services to
    5         perform a drug test on individuals who apply for
    6         benefits funded by the Temporary Assistance for Needy
    7         Families Program; making individuals responsible for
    8         bearing the cost of drug testing; requiring certain
    9         notice; providing procedures for testing and
   10         retesting; providing for notice of local substance
   11         abuse programs; providing that, if a parent is deemed
   12         ineligible due to failing a drug test, the eligibility
   13         of the children is not affected; providing an
   14         effective date.
   16  Be It Enacted by the Legislature of the State of Florida:
   18         Section 1. Section 414.145, Florida Statutes, is created to
   19  read:
   20         414.145 Drug-screening program.—
   21         (1) The Department of Children and Family Services shall
   22  require a drug test consistent with s. 112.0455 to screen each
   23  individual who applies for temporary assistance for needy
   24  families (TANF). The cost of drug testing shall be the
   25  responsibility of the individual.
   26         (a) Individuals who are subject to the requirements of this
   27  section include any parent or caretaker relative who is included
   28  in the cash assistance group, including individuals who may be
   29  exempt from work activity requirements due to the age of the
   30  youngest child or who may be excepted from work activity
   31  requirements under s. 414.065(4).
   32         (b) Individuals who test positive for controlled substances
   33  as a result of a drug test required under this section are
   34  ineligible to receive TANF benefits for 1 year.
   35         (2) The Department of Children and Family Services shall:
   36         (a) Provide notice of drug testing to each individual at
   37  the time of application. The notice must advise the individual
   38  that drug testing will be conducted as a condition for receiving
   39  TANF benefits, and that the individual must bear the cost of
   40  testing. The individual shall be advised that the required drug
   41  testing may be avoided if the individual does not apply for TANF
   42  benefits. Children under the age of 18 are exempt from the drug
   43  testing requirement.
   44         (b) Require that, for two-parent families, both parents
   45  comply with the drug-testing requirement.
   46         (c) Advise each individual to be tested, before the test is
   47  conducted, that he or she may, but is not required to, advise
   48  the agent administering the test of any prescription or over
   49  the-counter medication he or she is taking.
   50         (d) Require each individual to be tested to sign a written
   51  acknowledgment that he or she has received and understood the
   52  notice and advice provided under paragraphs (a) and (c).
   53         (e) Ensure each individual being tested a reasonable degree
   54  of dignity while producing and submitting a sample for drug
   55  testing, consistent with the state’s need to ensure the
   56  reliability of the sample.
   57         (f) Specify circumstances under which an individual who
   58  fails a drug test has the right to take one or more additional
   59  tests.
   60         (g) Inform individuals who test positive for controlled
   61  substances and are deemed ineligible for TANF benefits that they
   62  may reapply for those benefits 1 year after the date of the
   63  positive drug test. If the individual tests positive again, he
   64  or she is ineligible to receive TANF benefits for 3 years
   65  following the date of the second positive drug test.
   66         (h) Provide any individual who tests positive with
   67  information concerning substance abuse treatment programs that
   68  may be available in the area in which he or she resides. Neither
   69  the department nor the state is responsible for providing or
   70  paying for substance abuse treatment as part of the screening
   71  conducted under this section.
   72         (3)(a) If a parent is deemed ineligible for TANF benefits
   73  due to failing a drug test under this section, his or her
   74  dependent child’s eligibility for TANF benefits is not affected.
   75         (b) If a parent is deemed ineligible for TANF benefits due
   76  to failing a drug test, an appropriate protective payee shall be
   77  established for the benefit of the child.
   78         (c) The parent may choose to designate another individual
   79  to receive benefits for the parent’s minor child. The designated
   80  individual must be an immediate family member or, if an
   81  immediate family member is not available or the family member
   82  declines the option, another individual, approved by the
   83  department, may be designated. The designated individual must
   84  also undergo drug testing before being approved to receive
   85  benefits on behalf of the child. If the designated individual
   86  tests positive for controlled substances, he or she shall be
   87  deemed ineligible to receive benefits on behalf of the child.
   88         (4) The Department of Children and Family Services shall
   89  adopt rules as necessary to administer this section.
   90         Section 2. This act shall take effect July 1, 2011.