CODING: Words stricken are deletions; words underlined are additions.
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Senator Holzendorf moved the following amendment:
SENATE AMENDMENT
Bill No. CS/CS/HB 271, 1st Eng.
Amendment No.
CHAMBER ACTION
Senate House
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11 Senator Holzendorf moved the following amendment:
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13 Senate Amendment (with title amendment)
14 Delete everything after the enacting clause
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16 and insert:
17 Section 1. Legislative intent and findings.--
18 (1) It is the intent of the Legislature that the
19 provisions of this act enhance the employability of
20 participants in the WAGES Program through drug screening,
21 testing, and treatment.
22 (2) The Legislature finds that there is a perception
23 on the part of employers that the individuals who receive
24 temporary assistance or services under the WAGES Program are
25 likely to use drugs, and that such perception adds to the
26 difficulties such individuals have in securing employment.
27 (3) The Legislature also finds that the failure of
28 individuals to achieve the independence provided by gainful
29 employment results in welfare costs that burden the state's
30 taxpayers.
31 (4) The Legislature further finds that drug use
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SENATE AMENDMENT
Bill No. CS/CS/HB 271, 1st Eng.
Amendment No.
1 adversely effects a significant portion of the workforce,
2 which results in billions of dollars of lost productivity each
3 year and poses a threat to the safety of the workplace and to
4 public safety and security.
5 (5) In balancing the interests of taxpayers,
6 participants in the WAGES Program, and potential employers
7 against the interests of those who will be screened and tested
8 under this act, the Legislature finds that drug screening,
9 testing, and treatment as provided for in this act are in the
10 greater interests of all concerned.
11 Section 2. Drug testing and screening program;
12 procedures.--
13 (1) The Department of Children and Family Services, in
14 consultation with local WAGES coalitions 3 and 8, shall
15 develop and, as soon as possible after January 1, 1999,
16 implement a demonstration project in WAGES regions 3 and 8 to
17 screen each applicant and test applicants for temporary cash
18 assistance provided under chapter 414, Florida Statutes, who
19 the department has reasonable cause to believe, based on the
20 screening, engage in illegal use of controlled substances.
21 Unless reauthorized by the Legislature, this demonstration
22 project expires June 30, 2001. As used in this act, the term
23 "applicant" means an individual who first applies for
24 assistance or services under the WAGES Program. Screening and
25 testing for the illegal use of controlled substances is not
26 required if the individual reapplies during any continuous
27 period in which the individual receives assistance or
28 services. However, an individual may volunteer for drug
29 testing and treatment if funding is available.
30 (2) Under the demonstration project the Department of
31 Children and Family Services shall:
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SENATE AMENDMENT
Bill No. CS/CS/HB 271, 1st Eng.
Amendment No.
1 (a) Provide notice of drug screening and the potential
2 for possible drug testing to each applicant at the time of
3 application. The notice must advise the applicant that drug
4 screening and possibly drug testing will be conducted as a
5 condition for receiving temporary assistance or services under
6 chapter 414, Florida Statutes, and shall specify the
7 assistance or services that are subject to this requirement.
8 The notice must also advise the applicant that a prospective
9 employer may require the applicant to submit to a
10 pre-employment drug test. The applicant shall be advised that
11 the required drug screening and possible drug testing may be
12 avoided if the applicant does not apply for or receive
13 assistance or services. The drug screening and testing program
14 is not applicable in child-only cases.
15 (b) Develop a procedure for drug screening and
16 conducting drug testing of applicants for temporary assistance
17 or services under the WAGES Program.
18 (c) Provide a procedure to advise each person to be
19 tested, before the test is conducted, that he or she may, but
20 is not required to, advise the agent administering the test of
21 any prescription or over-the-counter medication he or she is
22 taking.
23 (d) Require each person to be tested to sign a written
24 acknowledgment that he or she has received and understood the
25 notice and advice provided under paragraphs (a) and (c).
26 (e) Provide a procedure to assure each person being
27 tested a reasonable degree of dignity while producing and
28 submitting a sample for drug testing, consistent with the
29 state's need to ensure the reliability of the sample.
30 (f) Specify circumstances under which a person who
31 fails a drug test has the right to take one or more additional
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SENATE AMENDMENT
Bill No. CS/CS/HB 271, 1st Eng.
Amendment No.
1 tests.
2 (g) Provide a procedure for appealing the results of a
3 drug test by a person who fails a test and for advising the
4 appellant that he or she may, but is not required to, advise
5 appropriate staff of any prescription or over-the-counter
6 medication he or she has been taking.
7 (h) Notify each person who fails a drug test of the
8 local substance abuse treatment programs that may be available
9 to such person.
10 Section 3. Children.--
11 (1) If a parent is deemed ineligible for cash
12 assistance due to the failure of a drug test under this act,
13 his or her dependent child's eligibility for cash assistance
14 is not affected.
15 (2) If a parent is deemed ineligible for cash
16 assistance due to the failure of a drug test, an appropriate
17 protective payee will be established for the benefit of the
18 child.
19 (3) If the parent refuses to cooperate in establishing
20 an appropriate protective payee for the child, the Department
21 of Children and Family Services will appoint one.
22 Section 4. Treatment.--
23 (1) Subject to the availability of funding, the
24 Department of Children and Family Services shall provide a
25 substance-abuse-treatment program for a person who fails a
26 drug test conducted under this act and is eligible to receive
27 temporary assistance or services under the WAGES Program. The
28 department shall provide for a retest at the end of the
29 treatment period. Failure to pass the retest will result in
30 the termination of temporary assistance or services provided
31 under chapter 414, Florida Statutes, and of any right to
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SENATE AMENDMENT
Bill No. CS/CS/HB 271, 1st Eng.
Amendment No.
1 appeal the termination.
2 (2) The Department of Children and Family Services
3 shall develop rules regarding the disclosure of information
4 concerning applicants who enter treatment, including the
5 requirement that applicants sign a consent to release
6 information to the Department of Children and Family Services
7 or the Department of Labor and Employment Security, as
8 necessary, as a condition of entering the treatment program.
9 (3) The Department of Children and Family Services may
10 develop rules for assessing the status of persons formerly
11 treated under this act who reapply for assistance or services
12 under the WAGES act as well as the need for drug testing as a
13 part of the reapplication process.
14 Section 5. Evaluations and recommendations.--
15 (1) The Department of Children and Family Services, in
16 conjunction with the local WAGES coalitions in service areas 3
17 and 8, shall conduct a comprehensive evaluation of the
18 demonstration projects operated under this act. By January 1,
19 2000, the department, in conjunction with the local WAGES
20 coalitions involved, shall report to the WAGES Program State
21 Board of Directors and to the Legislature on the status of the
22 initial implementation of the demonstration projects and shall
23 specifically describe the problems encountered and the funds
24 expended during the first year of operation.
25 (2) By January 1, 2001, the department, in conjunction
26 with the local WAGES coalitions involved, shall provide a
27 comprehensive evaluation to the WAGES Program State Board of
28 Directors and to the Legislature, which must include:
29 (a) The impact of the drug screening and testing
30 program on employability, job placement, job retention, and
31 salary levels of program participants.
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SENATE AMENDMENT
Bill No. CS/CS/HB 271, 1st Eng.
Amendment No.
1 (b) Recommendations, based in part on a cost and
2 benefit analysis, as to the feasibility of expanding the
3 program to other local WAGES service areas, including specific
4 recommendations for implementing such expansion of the
5 program.
6 Section 6. In the event of a conflict between the
7 implementation procedures described in this program and
8 federal requirements and regulations, federal requirements and
9 regulations shall control.
10 Section 7. This act shall take effect October 1, 1998.
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14 And the title is amended as follows:
15 Delete everything before the enacting clause
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17 and insert:
18 A bill to be entitled
19 An act relating to public assistance; providing
20 legislative intent and findings; providing for
21 demonstration projects to be implemented which
22 require drug screening and possibly drug
23 testing for individuals who apply for temporary
24 assistance or services under the "Work and Gain
25 Economic Self-sufficiency (WAGES) Act";
26 providing for expiration of the demonstration
27 projects unless reauthorized by the
28 Legislature; directing the Department of
29 Children and Family Services to implement the
30 demonstration projects in specified local WAGES
31 coalitions; requiring certain notice; providing
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SENATE AMENDMENT
Bill No. CS/CS/HB 271, 1st Eng.
Amendment No.
1 procedures for screening, testing, retesting,
2 and appeal of test results; providing for
3 notice of local substance abuse programs;
4 providing that, if a parent is deemed
5 ineligible due to a failure of a drug test, the
6 eligibility of the children of the parent will
7 not be affected; requiring the department to
8 provide for substance abuse treatment programs
9 for certain persons; giving the Department of
10 Children and Family Services rulemaking
11 authority; specifying circumstances resulting
12 in termination of temporary assistance or
13 services; requiring the department and the
14 local WAGES coalitions to evaluate the
15 demonstration projects and report to the WAGES
16 Program State Board of Directors and the
17 Legislature; providing that, in the event of
18 conflict, federal requirements and regulations
19 control; providing an effective date.
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