Florida Senate - 2017                                    SB 1392
       By Senator Latvala
       16-00944-17                                           20171392__
    1                        A bill to be entitled                      
    2         An act relating to Temporary Assistance for Needy
    3         Families (TANF) applicant drug screening; creating s.
    4         414.0653, F.S.; requiring the Department of Children
    5         and Families to perform a drug test on an applicant
    6         for TANF benefits with a prior felony conviction or
    7         history of arrests for a drug-related offenses;
    8         specifying that the cost of drug testing is the
    9         responsibility of the individual tested; requiring the
   10         department to provide notice of the drug-screening
   11         policy; requiring the department to increase the
   12         amount of the initial TANF benefit under certain
   13         circumstances; providing procedures for testing and
   14         retesting; requiring the department to provide
   15         information concerning local substance abuse treatment
   16         programs to certain individuals; providing conditions
   17         for an individual to reapply for TANF benefits;
   18         specifying that a child remains eligible for benefits
   19         if a parent fails a drug test; providing conditions
   20         for designating another protective payee; providing
   21         rulemaking authority to the department; providing an
   22         effective date.
   24  Be It Enacted by the Legislature of the State of Florida:
   26         Section 1. Section 414.0653, Florida Statutes, is created
   27  to read:
   28         414.0653Drug screening for applicants for Temporary
   29  Assistance for Needy Families.—
   30         (1)(a)The department shall require a drug test consistent
   31  with s. 112.0455, to be administered at the time of application
   32  for benefits and every 2 months after that date, to screen each
   33  individual who applies for Temporary Assistance for Needy
   34  Families (TANF) who:
   35         1.Has a previous conviction of committing or attempting to
   36  commit a felony listed in chapter 893, relating to drug abuse
   37  prevention and control.
   38         2.Has a documented history of multiple arrests for drug
   39  use or possession within the past 10 years.
   41  The cost of drug testing is the responsibility of the individual
   42  tested.
   43         (b)An individual who tests positive for controlled
   44  substances as a result of a drug test required under this
   45  subsection is ineligible to receive TANF benefits for 2 years
   46  after the date of the positive drug test unless the individual
   47  meets the requirements of paragraph (2)(g).
   48         (2)The department shall:
   49         (a)Provide notice of drug testing required pursuant to
   50  subsection (1) to each individual at the time of application.
   51  The notice must advise the individual that drug testing will be
   52  conducted as a condition for receiving TANF benefits and that
   53  the individual must bear the cost of testing. If the individual
   54  tests negative for controlled substances, the department shall
   55  increase the amount of the initial TANF benefit by the amount
   56  paid by the individual for the drug testing. The individual
   57  shall be advised that the required drug testing may be avoided
   58  if the individual does not apply for TANF benefits. Dependent
   59  children under the age of 18 are exempt from the drug-testing
   60  requirement.
   61         (b)Advise each individual to be tested, before the test is
   62  conducted, that he or she may, but is not required to, advise
   63  the agent administering the test of any prescription or over
   64  the-counter medication the individual is taking.
   65         (c)Require each individual to be tested to sign a written
   66  acknowledgment that he or she has received and understood the
   67  notice and advice provided under paragraphs (a) and (b).
   68         (d)Assure each individual being tested a reasonable degree
   69  of dignity while producing and submitting a sample for drug
   70  testing, consistent with the state’s need to ensure the
   71  reliability of the sample.
   72         (e)Inform an individual who tests positive for a
   73  controlled substance and is deemed ineligible for TANF benefits
   74  that the individual may reapply for those benefits 2 years after
   75  the date of the positive drug test unless the individual meets
   76  the requirements of paragraph (g). If the individual tests
   77  positive again, he or she is ineligible to receive TANF benefits
   78  for 3 years after the date of the second positive drug test
   79  unless the individual meets the requirements of paragraph (g).
   80         (f)Provide any individual who tests positive with a list
   81  of licensed substance abuse treatment providers available in the
   82  area in which he or she resides which meet the requirements of
   83  s. 397.401 and are licensed by the department. Neither the
   84  department nor the state is responsible for providing or paying
   85  for substance abuse treatment as part of the screening conducted
   86  under this section.
   87         (g)An individual who tests positive under this section and
   88  is denied TANF benefits as a result may reapply for those
   89  benefits after 6 months if the individual can document the
   90  successful completion of a substance abuse treatment program
   91  offered by a provider that meets the requirements of s. 397.401
   92  and is licensed by the department. An individual who has met the
   93  requirements of this paragraph and reapplies for TANF benefits
   94  must also pass an initial drug test and meet the requirements of
   95  subsection (1). Any drug test conducted while the individual is
   96  undergoing substance abuse treatment must meet the requirements
   97  of subsection (1). The cost of any drug testing and substance
   98  abuse treatment provided under this section shall be the
   99  responsibility of the individual being tested and receiving
  100  treatment. An individual who fails the drug test required under
  101  subsection (1) may reapply for benefits under this paragraph
  102  only once.
  103         (3)If a parent is deemed ineligible for TANF benefits as a
  104  result of failing a drug test conducted under this section:
  105         (a)The dependent child’s eligibility for TANF benefits is
  106  not affected.
  107         (b)An appropriate protective payee shall be designated to
  108  receive benefits on behalf of the child.
  109         (c)The parent may choose to designate another individual
  110  to receive benefits for the parent’s minor child. The designated
  111  individual must be an immediate family member or, if an
  112  immediate family member is not available or the family member
  113  declines the option, another individual, approved by the
  114  department, may be designated. The designated individual must
  115  also undergo drug testing before being approved to receive
  116  benefits on behalf of the child. If the designated individual
  117  tests positive for controlled substances, he or she is
  118  ineligible to receive benefits on behalf of the child.
  119         (4)The department shall adopt rules to implement this
  120  section.
  121         Section 2. This act shall take effect July 1, 2017.