The Florida Senate

414.70  Drug-screening and drug-testing program; procedures.--

(1)  DEMONSTRATION PROJECT.--The Department of Children and Family Services, in consultation with the regional workforce boards in service areas 3 and 8, shall develop and implement a demonstration project in service areas 3 and 8 to screen each applicant and test applicants for temporary cash assistance provided under this chapter, who the department has reasonable cause to believe, based on the screening, engage in illegal use of controlled substances. Unless reauthorized by the Legislature, this demonstration project expires June 30, 2001. As used in this section, the term "applicant" means an individual who first applies for temporary cash assistance under this chapter. Screening and testing for the illegal use of controlled substances is not required if the individual reapplies during any continuous period in which the individual receives assistance. However, an individual may volunteer for drug testing and treatment if funding is available.

(a)  Applicants subject to the requirements of this section include any parent or caretaker relative who is included in the cash assistance group, including individuals who may be exempt from work activity requirements due to the age of the youngest child or who may be excepted from work activity requirements under s. 414.065(4).

(b)  Applicants not subject to the requirements of this section include applicants for food stamps or Medicaid who are not applying for cash assistance, applicants who, if eligible, would be exempt from the time limitation and work activity requirements due to receipt of social security disability income, and applicants who, if eligible, would be excluded from the assistance group due to receipt of supplemental security income.

(2)  PROCEDURES.--Under the demonstration project, the Department of Children and Family Services shall:

(a)  Provide notice of drug screening and the potential for possible drug testing to each applicant at the time of application. The notice must advise the applicant that drug screening and possibly drug testing will be conducted as a condition for receiving temporary assistance under this chapter, and shall specify the assistance that is subject to this requirement. The notice must also advise the applicant that a prospective employer may require the applicant to submit to a preemployment drug test. The applicant shall be advised that the required drug screening and possible drug testing may be avoided if the applicant does not apply for or receive assistance. The drug-screening and drug-testing program is not applicable in child-only cases.

(b)  Develop a procedure for drug screening and conducting drug testing of applicants for temporary cash assistance. For two-parent families, both parents must comply with the drug screening and testing requirements of this section.

(c)  Provide a procedure to advise each person to be tested, before the test is conducted, that he or she may, but is not required to, advise the agent administering the test of any prescription or over-the-counter medication he or she is taking.

(d)  Require each person to be tested to sign a written acknowledgment that he or she has received and understood the notice and advice provided under paragraphs (a) and (c).

(e)  Provide a procedure to assure each person being tested a reasonable degree of dignity while producing and submitting a sample for drug testing, consistent with the state's need to ensure the reliability of the sample.

(f)  Specify circumstances under which a person who fails a drug test has the right to take one or more additional tests.

(g)  Provide a procedure for appealing the results of a drug test by a person who fails a test and for advising the appellant that he or she may, but is not required to, advise appropriate staff of any prescription or over-the-counter medication he or she has been taking.

(h)  Notify each person who fails a drug test of the local substance abuse treatment programs that may be available to such person.

(3)  CHILDREN.--

(a)  If a parent is deemed ineligible for cash assistance due to refusal to comply with the provisions of this section, his or her dependent child's eligibility for cash assistance is not affected. A parent who is ineligible for cash assistance due to refusal or failure to comply with the provisions of this section shall be subject to the work activity requirements of s. 445.024, and shall be subject to the penalties under s. 414.065(1) upon failure to comply with such requirements.

(b)  If a parent is deemed ineligible for cash assistance due to the failure of a drug test, an appropriate protective payee will be established for the benefit of the child.

(c)  If the parent refuses to cooperate in establishing an appropriate protective payee for the child, the Department of Children and Family Services will appoint one.

(4)  TREATMENT.--

(a)  Subject to the availability of funding, the Department of Children and Family Services shall provide a substance abuse treatment program for a person who fails a drug test conducted under this section and is eligible to receive temporary cash assistance under this chapter. The department shall provide for a retest at the end of the treatment period. Failure to pass the retest will result in the termination of temporary cash assistance provided under this chapter and of any right to appeal the termination.

(b)  The Department of Children and Family Services shall develop rules regarding the disclosure of information concerning applicants who enter treatment, including the requirement that applicants sign a consent to release information to the Department of Children and Family Services as a condition of entering the treatment program.

(c)  The Department of Children and Family Services may develop rules for assessing the status of persons formerly treated under this section who reapply for assistance as well as the need for drug testing as a part of the reapplication process.

¹(5)  EVALUATIONS AND RECOMMENDATIONS.--

(a)  The Department of Children and Family Services, in conjunction with the regional workforce boards in service areas 3 and 8, shall conduct a comprehensive evaluation of the demonstration projects operated under this section.

(b)  By January 1, 2001, the department, in conjunction with the regional workforce boards involved, shall provide a comprehensive evaluation to the Legislature, which must include:

1.  The impact of the drug-screening and drug-testing program on employability, job placement, job retention, and salary levels of program participants.

2.  Recommendations, based in part on a cost and benefit analysis, as to the feasibility of expanding the program to other service areas, including specific recommendations for implementing such expansion of the program.

(6)  CONFLICTS.--In the event of a conflict between the implementation procedures described in this program and federal requirements and regulations, federal requirements and regulations shall control.

History.--ss. 2, 3, 4, 5, 6, ch. 98-397; s. 31, ch. 99-241; s. 49, ch. 2000-165; s. 25, ch. 2000-337.

¹Note.--As amended by s. 49, ch. 2000-165. For a description of multiple acts in the same session affecting a statutory provision, see preface to the Florida Statutes, "Statutory Construction." Subsection (5) was also amended by s. 25, ch. 2000-337, and that version reads:

(5)  EVALUATION AND RECOMMENDATIONS.--By January 1, 2001, the department, in conjunction with the local WAGES coalitions in service areas 3 and 8, shall provide a comprehensive evaluation to the WAGES Program State Board of Directors and to the Legislature, which must include:

(a)  The impact of the drug-screening and drug-testing program on employability, job placement, job retention, and salary levels of program participants.

(b)  Recommendations, based in part on a cost and benefit analysis, as to the feasibility of expanding the program to other local WAGES service areas, including specific recommendations for implementing such expansion of the program.