Senate Bill 2172c1

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    Florida Senate - 1998                           CS for SB 2172

    By the Committee on Children, Families and Seniors and Senator
    Holzendorf




    300-2016A-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 screening and possibly drug

  6         testing for individuals who apply for temporary

  7         assistance or services under the "Work and Gain

  8         Economic Self-sufficiency (WAGES) Act";

  9         providing for expiration of the demonstration

10         projects unless reauthorized by the

11         Legislature; directing the Department of

12         Children and Family Services to implement the

13         demonstration projects in specified local WAGES

14         coalitions; requiring certain notice; providing

15         procedures for screening, testing, retesting,

16         and appeal of test results; providing for

17         notice of local substance abuse programs;

18         providing that, if a parent is deemed

19         ineligible due to a failure of a drug test, the

20         eligibility of the children of the parent will

21         not be affected; requiring the department to

22         provide for substance abuse treatment programs

23         for certain persons; giving the Department of

24         Children and Family Services rulemaking

25         authority; specifying circumstances resulting

26         in termination of temporary assistance or

27         services; requiring the department and the

28         local WAGES coalitions to evaluate the

29         demonstration projects and report to the WAGES

30         Program State Board of Directors and the

31         Legislature; providing that, in the event of

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    Florida Senate - 1998                           CS for SB 2172
    300-2016A-98




  1         conflict, federal requirements and regulations

  2         control; providing an effective date.

  3

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

  5

  6         Section 1.  Legislative intent and findings.--

  7         (1)  It is the intent of the Legislature that the

  8  provisions of this act enhance the employability of

  9  participants in the WAGES Program through drug screening,

10  testing, and treatment.

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

12  on the part of employers that the individuals who receive

13  temporary assistance or services under the WAGES Program are

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

15  difficulties such individuals have in securing employment.

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

17  individuals to achieve the independence provided by gainful

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

19  taxpayers.

20         (4)  The Legislature further finds that drug use

21  adversely effects a significant portion of the workforce,

22  which results in billions of dollars of lost productivity each

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

24  public safety and security.

25         (5)  In balancing the interests of taxpayers,

26  participants in the WAGES Program, and potential employers

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

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

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

30  greater interests of all concerned.

31

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    Florida Senate - 1998                           CS for SB 2172
    300-2016A-98




  1         Section 2.  Drug testing and screening program;

  2  procedures.--

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

  4  consultation with local WAGES coalitions 3 and 8, shall

  5  develop and, as soon as possible after January 1, 1999,

  6  implement a demonstration project in WAGES regions 3 and 8 to

  7  screen each applicant and test applicants for temporary cash

  8  assistance provided under chapter 414, Florida Statutes, who

  9  the department has reasonable cause to believe, based on the

10  screening, engage in illegal use of controlled substances.

11  Unless reauthorized by the Legislature, this demonstration

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

13  "applicant" means an individual who first applies for

14  assistance or services under the WAGES Program. Screening and

15  testing for the illegal use of controlled substances is not

16  required if the individual reapplies during any continuous

17  period in which the individual receives assistance or

18  services. However, an individual may volunteer for drug

19  testing and treatment if funding is available.

20         (2)  Under the demonstration project the Department of

21  Children and Family Services shall:

22         (a)  Provide notice of drug screening and the potential

23  for possible drug testing to each applicant at the time of

24  application. The notice must advise the applicant that drug

25  screening and possibly drug testing will be conducted as a

26  condition for receiving temporary assistance or services under

27  chapter 414, Florida Statutes, and shall specify the

28  assistance or services that are subject to this requirement.

29  The notice must also advise the applicant that a prospective

30  employer may require the applicant to submit to a

31  pre-employment drug test. The applicant shall be advised that

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    Florida Senate - 1998                           CS for SB 2172
    300-2016A-98




  1  the required drug screening and possible drug testing may be

  2  avoided if the applicant does not apply for or receive

  3  assistance or services. The drug screening and testing program

  4  is not applicable in child-only cases.

  5         (b)  Develop a procedure for drug screening and

  6  conducting drug testing of applicants for temporary assistance

  7  or services under the WAGES Program.

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

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

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

11  any prescription or over-the-counter medication he or she is

12  taking.

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

14  acknowledgment that he or she has received and understood the

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

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

17  tested a reasonable degree of dignity while producing and

18  submitting a sample for drug testing, consistent with the

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

20         (f)  Specify circumstances under which a person who

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

22  tests.

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

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

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

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

27  medication he or she has been taking.

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

29  local substance abuse treatment programs that may be available

30  to such person.

31         Section 3.  Children.--

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    Florida Senate - 1998                           CS for SB 2172
    300-2016A-98




  1         (1)  If a parent is deemed ineligible for cash

  2  assistance due to the failure of a drug test under this act,

  3  his or her dependent child's eligibility for cash assistance

  4  is not affected.

  5         (2)  If a parent is deemed ineligible for cash

  6  assistance due to the failure of a drug test, an appropriate

  7  protective payee will be established for the benefit of the

  8  child.

  9         (3)  If the parent refuses to cooperate in establishing

10  an appropriate protective payee for the child, the Department

11  of Children and Family Services will appoint one.

12         Section 4.  Treatment.--

13         (1)  Subject to the availability of funding, the

14  Department of Children and Family Services shall provide a

15  substance-abuse-treatment program for a person who fails a

16  drug test conducted under this act and is eligible to receive

17  temporary assistance or services under the WAGES Program. The

18  department shall provide for a retest at the end of the

19  treatment period. Failure to pass the retest will result in

20  the termination of temporary assistance or services provided

21  under chapter 414, Florida Statutes, and of any right to

22  appeal the termination.

23         (2)  The Department of Children and Family Services

24  shall develop rules regarding the disclosure of information

25  concerning applicants who enter treatment, including the

26  requirement that applicants sign a consent to release

27  information to the Department of Children and Family Services

28  or the Department of Labor and Employment Security, as

29  necessary, as a condition of entering the treatment program.

30         (3)  The Department of Children and Family Services may

31  develop rules for assessing the status of persons formerly

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    Florida Senate - 1998                           CS for SB 2172
    300-2016A-98




  1  treated under this act who reapply for assistance or services

  2  under the WAGES act as well as the need for drug testing as a

  3  part of the reapplication process.

  4         Section 5.  Evaluations and recommendations.--

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

  6  conjunction with the local WAGES coalitions in service areas 3

  7  and 8, shall conduct a comprehensive evaluation of the

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

  9  2000, the department, in conjunction with the local WAGES

10  coalitions involved, shall report to the WAGES Program State

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

12  initial implementation of the demonstration projects and shall

13  specifically describe the problems encountered and the funds

14  expended during the first year of operation.

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

16  with the local WAGES coalitions involved, shall provide a

17  comprehensive evaluation to the WAGES Program State Board of

18  Directors and to the Legislature, which must include:

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

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

21  salary levels of program participants.

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

23  benefit analysis, as to the feasibility of expanding the

24  program to other local WAGES service areas, including specific

25  recommendations for implementing such expansion of the

26  program.

27         Section 6.  In the event of a conflict between the

28  implementation procedures described in this program and

29  federal requirements and regulations, federal requirements and

30  regulations shall control.

31         Section 7.  This act shall take effect October 1, 1998.

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    Florida Senate - 1998                           CS for SB 2172
    300-2016A-98




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 2172

  3

  4
    -    A clause is added to provide that, in the event of
  5       conflict, federal requirements will control.

  6  -    Language is clarified to provide that all applicants will
         be screened and some applicants, based upon reasonable
  7       cause, will be tested.

  8  -    Notice will be given of drug screening and the potential
         for possible drug testing to each WAGES applicant.
  9
    -    Subject to funding availability, an individual may
10       volunteer for drug testing and treatment.

11  -    If a parent is deemed ineligible for WAGES services and
         benefits, the child's eligibility for cash assistance
12       will not be affected.

13  -    Two sections are added to provide for the establishment
         of a protective payee for such a child.
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    -    The Department of Children and Family Services is
15       directed to develop rules regarding the disclosure of
         information and is authorized to develop rules regarding
16       the assessment of reapplicants for WAGES assistance or
         services and the need for drug-testing as part of the
17       reapplication process.

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