Senate Bill 2172

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    Florida Senate - 1998                                  SB 2172

    By Senator Holzendorf





    2-855-98

  1                      A bill to be entitled

  2         An act relating to public assistance; providing

  3         legislative intent and findings; providing for

  4         demonstration projects to be implemented which

  5         require drug testing for individuals who apply

  6         for temporary assistance or services under the

  7         "Work and Gain Economic Self-sufficiency

  8         (WAGES) Act"; providing for expiration of the

  9         demonstration projects unless reauthorized by

10         the Legislature; directing the Department of

11         Children and Family Services to implement the

12         demonstration projects in specified service

13         areas of the department; requiring certain

14         notice; providing procedures for screening,

15         testing, retesting, and appeal of test results;

16         providing for notice of local substance abuse

17         programs; requiring the department to provide

18         for substance abuse treatment programs for

19         certain persons; specifying circumstances

20         resulting in termination of temporary

21         assistance or services; requiring the

22         department and the local WAGES coalitions to

23         evaluate the demonstration projects and report

24         to the WAGES Program State Board of Directors

25         and the Legislature; providing an effective

26         date.

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28  Be It Enacted by the Legislature of the State of Florida:

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30         Section 1.  Legislative intent and findings.--

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    Florida Senate - 1998                                  SB 2172
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  1         (1)  It is the intent of the Legislature that the

  2  provisions of this act enhance the employability of

  3  participants in the WAGES Program through drug screening,

  4  testing, and treatment.

  5         (2)  The Legislature finds that there is a perception

  6  on the part of employers that the individuals who receive

  7  temporary assistance or services under the WAGES Program are

  8  likely to use drugs, and that such perception adds to the

  9  difficulties such individuals have in securing employment.

10         (3)  The Legislature also finds that the failure of

11  individuals to achieve the independence provided by gainful

12  employment results in welfare costs that burden the state's

13  taxpayers.

14         (4)  The Legislature further finds that drug use

15  adversely effects a significant portion of the workforce,

16  which results in billions of dollars of lost productivity each

17  year and poses a threat to the safety of the workplace and to

18  public safety and security.

19         (5)  In balancing the interests of taxpayers,

20  participants in the WAGES Program, and potential employers

21  against the interests of those who will be screened and tested

22  under this act, the Legislature finds that drug screening,

23  testing, and treatment as provided for in this act are in the

24  greater interests of all concerned.

25         Section 2.  Drug testing and screening program;

26  procedures.--

27         (1)  The Department of Children and Family Services, in

28  consultation with the local WAGES coalitions in service areas

29  3 and 8, shall develop and, as soon as possible after January

30  1, 1999, implement a demonstration project in service areas 3

31  and 8 to screen and test each applicant for temporary

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    Florida Senate - 1998                                  SB 2172
    2-855-98




  1  assistance or services provided under chapter 414, Florida

  2  Statutes, for the illegal use of controlled substances. Unless

  3  reauthorized by the Legislature, this demonstration project

  4  expires June 30, 2001. As used in this act, the term

  5  "applicant" means an individual who first applies for

  6  assistance or services under the WAGES Program. Screening and

  7  testing for the illegal use of controlled substances is not

  8  required if the individual reapplies during any continuous

  9  period in which the individual receives assistance or

10  services.

11         (2)  Under the demonstration project the Department of

12  Children and Family Services shall:

13         (a)  Provide notice of the drug screening and testing

14  program to each applicant at the time of application. The

15  notice must advise the applicant that drug screening and

16  testing will be conducted as a condition for receiving

17  temporary assistance or services under chapter 414, Florida

18  Statutes, and shall specify the assistance or services that

19  are subject to this requirement. The notice must also advise

20  the applicant that a prospective employer may require the

21  applicant to submit to a preemployment drug test. The

22  applicant shall be advised that the required drug test may be

23  avoided if the applicant does not apply for or receive

24  assistance or services.

25         (b)  Develop a procedure for conducting drug testing of

26  applicants for temporary assistance or services under the

27  WAGES Program.

28         (c)  Provide a procedure to advise each person to be

29  tested, before the test is conducted, that he or she may, but

30  is not required to, advise the agent administering the test of

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    Florida Senate - 1998                                  SB 2172
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  1  any prescription or over-the-counter medication he or she is

  2  taking.

  3         (d)  Require each person to be tested to sign a written

  4  acknowledgment that he or she has received and understood the

  5  notice and advice provided under paragraphs (a) and (c).

  6         (e)  Provide a procedure to assure each person being

  7  tested a reasonable degree of dignity while producing and

  8  submitting a sample for drug testing, consistent with the

  9  state's need to ensure the reliability of the sample.

10         (f)  Specify circumstances under which a person who

11  fails a drug test has the right to take one or more additional

12  tests.

13         (g)  Provide a procedure for appealing the results of a

14  drug test by a person who fails a test and for advising the

15  appellant that he or she may, but is not required to, advise

16  appropriate staff of any prescription or over-the-counter

17  medication he or she has been taking.

18         (h)  Notify each person who fails a drug test of the

19  local substance abuse treatment programs that may be available

20  to such person.

21         Section 3.  Treatment.--The Department of Children and

22  Family Services shall provide a substance abuse treatment

23  program for a person who fails a drug test conducted under

24  this act and is eligible to receive temporary assistance or

25  services under the WAGES Program. The department shall provide

26  for a retest at the end of the treatment period. Failure to

27  pass the retest will result in the termination of temporary

28  assistance or services provided under chapter 414, Florida

29  Statutes, and of any right to appeal the termination.

30         Section 4.  Evaluations and recommendations.--

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    Florida Senate - 1998                                  SB 2172
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  1         (1)  The Department of Children and Family Services, in

  2  conjunction with the local WAGES coalitions in service areas 3

  3  and 8, shall conduct a comprehensive evaluation of the

  4  demonstration projects operated under this act. By January 1,

  5  2000, the department, in conjunction with the local WAGES

  6  coalitions involved, shall report to the WAGES Program State

  7  Board of Directors and to the Legislature on the status of the

  8  initial implementation of the demonstration projects and shall

  9  specifically describe the problems encountered and the amounts

10  expended during the first year of operation.

11         (2)  By January 1, 2001, the department, in conjunction

12  with the local WAGES coalitions involved, shall provide a

13  comprehensive evaluation to the WAGES Program State Board of

14  Directors and to the Legislature, which must include:

15         (a)  The impact of the drug screening and testing

16  program on employability, job placement, job retention, and

17  salary levels of program participants.

18         (b)  Recommendations, based in part on a cost and

19  benefit analysis, as to the feasibility of expanding the

20  program to other local WAGES service areas, including specific

21  recommendations for implementing such expansion of the

22  program.

23         Section 5.  This act shall take effect October 1, 1998.

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    Florida Senate - 1998                                  SB 2172
    2-855-98




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  2                          SENATE SUMMARY

  3    Requires that the Department of Children and Family
      Services implement demonstration projects in service
  4    areas 3 and 8 to require drug testing of each person who
      applies for temporary assistance or services under the
  5    WAGES Program. Provides for the demonstration projects to
      expire on June 30, 2001. Provides requirements for
  6    implementing the demonstration projects. Requires that
      the department provide substance abuse treatment for a
  7    person who fails a drug test and who is eligible for
      temporary assistance or services. Requires that the
  8    department and the local WAGES coalitions evaluate the
      demonstration projects and report to the WAGES Program
  9    State Board of Directors and the Legislature.

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