Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. SB 1392
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/23/2017           .                                

       The Committee on Children, Families, and Elder Affairs (Latvala)
       recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsections (1) and (2) of section 414.0652,
    6  Florida Statutes, are amended to read:
    7         414.0652 Drug screening for applicants for Temporary
    8  Assistance for Needy Families.—
    9         (1)(a) The department shall require a drug test consistent
   10  with s. 112.0455 to screen each individual who applies for
   11  Temporary Assistance for Needy Families (TANF) who:
   12         1.Has been convicted of committing or attempting to commit
   13  a drug-related felony under chapter 893 within the last 10
   14  years; and
   15         2.The department has a reasonable suspicion is engaging in
   16  the illegal use of a controlled substance.
   17         (b) The cost of drug testing is the responsibility of the
   18  individual tested.
   19         (a)An individual subject to the requirements of this
   20  section includes any parent or caretaker relative who is
   21  included in the cash assistance group, including an individual
   22  who may be exempt from work activity requirements due to the age
   23  of the youngest child or who may be exempt from work activity
   24  requirements under s. 414.065(4).
   25         (c)(b) An individual who tests positive for controlled
   26  substances as a result of a drug test required under this
   27  section is ineligible to receive TANF benefits for 1 year after
   28  the date of the positive drug test unless the individual meets
   29  the requirements of paragraph (2)(h) (2)(j).
   30         (2) The department shall:
   31         (a) Provide notice of drug testing to each individual at
   32  the time of application. The notice must advise the individual
   33  that drug testing will be conducted as a condition for receiving
   34  TANF benefits and that the individual must bear the cost of
   35  testing. If the individual tests negative for controlled
   36  substances, the department shall increase the amount of the
   37  initial TANF benefit by the amount paid by the individual for
   38  the drug testing. The individual shall be advised that the
   39  required drug testing may be avoided if the individual does not
   40  apply for TANF benefits. Dependent children under the age of 18
   41  are exempt from the drug-testing requirement.
   42         (b)Require that for two-parent families, both parents must
   43  comply with the drug-testing requirement.
   44         (c)Require that any teen parent who is not required to
   45  live with a parent, legal guardian, or other adult caretaker
   46  relative in accordance with s. 414.095(14)(c) must comply with
   47  the drug-testing requirement.
   48         (b)(d) Advise each individual to be tested, before the test
   49  is conducted, that he or she may, but is not required to, advise
   50  the agent administering the test of any prescription or over
   51  the-counter medication he or she is taking.
   52         (c)(e) Require each individual to be tested to sign a
   53  written acknowledgment that he or she has received and
   54  understood the notice and advice provided under paragraphs (a)
   55  and (b) (d).
   56         (d)(f) Assure each individual being tested a reasonable
   57  degree of dignity while producing and submitting a sample for
   58  drug testing, consistent with the state’s need to ensure the
   59  reliability of the sample.
   60         (e)(g) Specify circumstances under which an individual who
   61  fails a drug test has the right to take one or more additional
   62  tests.
   63         (f)(h) Inform an individual who tests positive for a
   64  controlled substance and is deemed ineligible for TANF benefits
   65  that the individual may reapply for those benefits 1 year after
   66  the date of the positive drug test unless the individual meets
   67  the requirements of paragraph (h) (j). If the individual tests
   68  positive again, he or she is ineligible to receive TANF benefits
   69  for 3 years after the date of the second positive drug test
   70  unless the individual meets the requirements of paragraph (h)
   71  (j).
   72         (g)(i) Provide any individual who tests positive with a
   73  list of licensed substance abuse treatment providers available
   74  in the area in which he or she resides that meet the
   75  requirements of s. 397.401 and are licensed by the department.
   76  Neither the department nor the state is responsible for
   77  providing or paying for substance abuse treatment as part of the
   78  screening conducted under this section.
   79         (h)(j)Allow an individual who tests positive under this
   80  section and is denied TANF benefits as a result to may reapply
   81  for those benefits after 6 months if the individual can document
   82  the successful completion of a substance abuse treatment program
   83  offered by a provider that meets the requirements of s. 397.401
   84  and is licensed by the department. An individual who has met the
   85  requirements of this paragraph and reapplies for TANF benefits
   86  must also pass an initial drug test and meet the requirements of
   87  subsection (1). Any drug test conducted while the individual is
   88  undergoing substance abuse treatment must meet the requirements
   89  of subsection (1). The cost of any drug testing and substance
   90  abuse treatment provided under this section shall be the
   91  responsibility of the individual being tested and receiving
   92  treatment. An individual who fails the drug test required under
   93  subsection (1) may reapply for benefits under this paragraph
   94  only once.
   95         Section 2. This act shall take effect July 1, 2017.
   97  ================= T I T L E  A M E N D M E N T ================
   98  And the title is amended as follows:
   99         Delete everything before the enacting clause
  100  and insert:
  101                        A bill to be entitled                      
  102         An act relating to drug screening for Temporary
  103         Assistance for Needy Families applicants amending s.
  104         414.0652, F.S.; requiring the Department of Children
  105         and Families to perform a drug test on an applicant
  106         for TANF benefits with a prior drug-related felony
  107         conviction and who the department reasonably suspects
  108         is engaging in the illegal use of a controlled
  109         substance; deleting a provision stating which
  110         individuals are subject to specified requirements;
  111         deleting department duties to require specified
  112         individuals to comply with the drug-testing
  113         requirements; providing an effective date.