Florida Senate - 2017                             CS for SB 1392
       By the Committee on Children, Families, and Elder Affairs; and
       Senator Latvala
       586-02677-17                                          20171392c1
    1                        A bill to be entitled                      
    2         An act relating to drug screening for Temporary
    3         Assistance for Needy Families applicants amending s.
    4         414.0652, 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 drug-related felony
    7         conviction and who the department reasonably suspects
    8         is engaging in the illegal use of a controlled
    9         substance; deleting a provision stating which
   10         individuals are subject to specified requirements;
   11         deleting department duties to require specified
   12         individuals to comply with the drug-testing
   13         requirements; providing an effective date.
   15  Be It Enacted by the Legislature of the State of Florida:
   17         Section 1. Subsections (1) and (2) of section 414.0652,
   18  Florida Statutes, are amended to read:
   19         414.0652 Drug screening for applicants for Temporary
   20  Assistance for Needy Families.—
   21         (1)(a) The department shall require a drug test consistent
   22  with s. 112.0455 to screen each individual who applies for
   23  Temporary Assistance for Needy Families (TANF) who:
   24         1.Has been convicted of committing or attempting to commit
   25  a drug-related felony under chapter 893 within the last 10
   26  years; and
   27         2.The department has a reasonable suspicion is engaging in
   28  the illegal use of a controlled substance.
   29         (b) The cost of drug testing is the responsibility of the
   30  individual tested.
   31         (a)An individual subject to the requirements of this
   32  section includes any parent or caretaker relative who is
   33  included in the cash assistance group, including an individual
   34  who may be exempt from work activity requirements due to the age
   35  of the youngest child or who may be exempt from work activity
   36  requirements under s. 414.065(4).
   37         (c)(b) An individual who tests positive for controlled
   38  substances as a result of a drug test required under this
   39  section is ineligible to receive TANF benefits for 1 year after
   40  the date of the positive drug test unless the individual meets
   41  the requirements of paragraph (2)(h) (2)(j).
   42         (2) The department shall:
   43         (a) Provide notice of drug testing to each individual at
   44  the time of application. The notice must advise the individual
   45  that drug testing will be conducted as a condition for receiving
   46  TANF benefits and that the individual must bear the cost of
   47  testing. If the individual tests negative for controlled
   48  substances, the department shall increase the amount of the
   49  initial TANF benefit by the amount paid by the individual for
   50  the drug testing. The individual shall be advised that the
   51  required drug testing may be avoided if the individual does not
   52  apply for TANF benefits. Dependent children under the age of 18
   53  are exempt from the drug-testing requirement.
   54         (b)Require that for two-parent families, both parents must
   55  comply with the drug-testing requirement.
   56         (c)Require that any teen parent who is not required to
   57  live with a parent, legal guardian, or other adult caretaker
   58  relative in accordance with s. 414.095(14)(c) must comply with
   59  the drug-testing requirement.
   60         (b)(d) Advise each individual to be tested, before the test
   61  is conducted, that he or she may, but is not required to, advise
   62  the agent administering the test of any prescription or over
   63  the-counter medication he or she is taking.
   64         (c)(e) Require each individual to be tested to sign a
   65  written acknowledgment that he or she has received and
   66  understood the notice and advice provided under paragraphs (a)
   67  and (b) (d).
   68         (d)(f) Assure each individual being tested a reasonable
   69  degree of dignity while producing and submitting a sample for
   70  drug testing, consistent with the state’s need to ensure the
   71  reliability of the sample.
   72         (e)(g) Specify circumstances under which an individual who
   73  fails a drug test has the right to take one or more additional
   74  tests.
   75         (f)(h) Inform an individual who tests positive for a
   76  controlled substance and is deemed ineligible for TANF benefits
   77  that the individual may reapply for those benefits 1 year after
   78  the date of the positive drug test unless the individual meets
   79  the requirements of paragraph (h) (j). If the individual tests
   80  positive again, he or she is ineligible to receive TANF benefits
   81  for 3 years after the date of the second positive drug test
   82  unless the individual meets the requirements of paragraph (h)
   83  (j).
   84         (g)(i) Provide any individual who tests positive with a
   85  list of licensed substance abuse treatment providers available
   86  in the area in which he or she resides that meet the
   87  requirements of s. 397.401 and are licensed by the department.
   88  Neither the department nor the state is responsible for
   89  providing or paying for substance abuse treatment as part of the
   90  screening conducted under this section.
   91         (h)(j)Allow an individual who tests positive under this
   92  section and is denied TANF benefits as a result to may reapply
   93  for those benefits after 6 months if the individual can document
   94  the successful completion of a substance abuse treatment program
   95  offered by a provider that meets the requirements of s. 397.401
   96  and is licensed by the department. An individual who has met the
   97  requirements of this paragraph and reapplies for TANF benefits
   98  must also pass an initial drug test and meet the requirements of
   99  subsection (1). Any drug test conducted while the individual is
  100  undergoing substance abuse treatment must meet the requirements
  101  of subsection (1). The cost of any drug testing and substance
  102  abuse treatment provided under this section shall be the
  103  responsibility of the individual being tested and receiving
  104  treatment. An individual who fails the drug test required under
  105  subsection (1) may reapply for benefits under this paragraph
  106  only once.
  107         Section 2. This act shall take effect July 1, 2017.