House Bill 0271e1

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                                 CS/CS/HB 271, First Engrossed/ntc



  1                      A bill to be entitled

  2         An act relating to public assistance; creating

  3         s. 414.103, F.S.; providing for drug testing

  4         under the "Work and Gain Economic

  5         Self-sufficiency (WAGES) Act" for illegal use

  6         of controlled substances; providing legislative

  7         intent and findings; directing the Department

  8         of Children and Family Services to implement a

  9         program to screen and test WAGES Program

10         applicants; requiring certain notice; providing

11         procedures for screening, testing, retesting,

12         and appeal of test results; providing for

13         notice of local substance abuse programs;

14         requiring the department to provide a

15         rehabilitation treatment program for certain

16         persons; specifying circumstances resulting in

17         termination of temporary assistance or

18         services; providing limitations; providing for

19         rules; providing an effective date.

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

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23         Section 1.  Section 414.103, Florida Statutes, is

24  created to read:

25         414.103  Testing for illegal use of controlled

26  substances.--

27         (1)  INTENT.--It is the intent of the Legislature that

28  this section be used to enhance the employability of

29  participants in the WAGES Program through a program of drug

30  screening, testing, and treatment.

31         (2)  FINDINGS.--


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                                 CS/CS/HB 271, First Engrossed/ntc



  1         (a)  The Legislature finds that a perception by

  2  employers that WAGES Program participants who are dependent

  3  upon public assistance are more likely to have used drugs adds

  4  to the difficulties of all WAGES Program participants in

  5  securing employment.

  6         (b)  The Legislature also finds that the failure of

  7  individuals to achieve the independence provided by gainful

  8  employment results in welfare costs which place a burden on

  9  Florida taxpayers.

10         (c)  The Legislature further finds that drug use has

11  serious adverse effects upon a significant portion of the

12  workforce, resulting in billions of dollars of lost

13  productivity each year and posing a threat to the workplace

14  and to public safety and security.

15         (d)  In balancing the interests of taxpayers, of all

16  WAGES participants, and of potential employers with the

17  interests of those who will be screened and tested under this

18  section, the Legislature finds that drug screening, testing,

19  and treatment as provided in this section are in the greater

20  interest of all concerned.

21         (3)  PROGRAM; PROCEDURES.--The Department of Children

22  and Family Services shall develop and, as soon as possible

23  after January 1, 1999, implement a program to screen and test

24  applicants for temporary assistance or services provided under

25  this chapter for the illegal use of controlled substances. As

26  used in this section, the term "applicant" applies to the

27  first application in a continuous period of benefits.

28  Screening for the illegal use of controlled substances is not

29  required during a reapplication within a continuous period of

30  benefits.

31         (a)  Under this program the department shall:


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                                 CS/CS/HB 271, First Engrossed/ntc



  1         1.  Provide advance notice, or reasonable opportunity

  2  for advance notice, of drug screening and testing. The notice

  3  shall advise that drug screening and testing may be conducted

  4  as a condition for receiving temporary assistance or services

  5  under this chapter, and shall specify the assistance and

  6  services subject to this requirement. The notice shall include

  7  advising the applicant that prospective employers may require

  8  the applicant to submit to a preemployment drug test.

  9         2.  Develop a procedure for conducting drug screening

10  of applicants for assistance or services under the WAGES

11  Program to determine if there is a reasonable basis for

12  conducting a drug test. In the event a reasonable basis for

13  conducting a test is established, the applicant shall be made

14  aware of local substance abuse programs.

15         3.  Based on the drug screening and funds available for

16  treatment, conduct random drug tests on WAGES Program

17  applicants for whom the screening has provided a reasonable

18  basis for conducting a drug test. If sufficient treatment

19  funds are available, the department may conduct tests on all

20  applicants for whom the screening has provided a reasonable

21  basis for conducting a drug test.

22         4.  Prior to testing, provide actual notice to each

23  person to be tested, which shall advise that the drug test is

24  a condition for receiving assistance or services. The notice

25  shall also advise that the required drug test may be avoided

26  by not applying for and receiving such assistance or services.

27         5.  Provide a procedure to advise each person to be

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

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

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

31  taking.


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                                 CS/CS/HB 271, First Engrossed/ntc



  1         6.  Require each person to be tested to sign a written

  2  acknowledgment that he or she has received and understood the

  3  notice and advice provided under subparagraphs 1., 4., and 5.

  4         7.  Provide a procedure to assure each person being

  5  tested a reasonable degree of dignity while producing and

  6  submitting a drug test sample, consistent with the state's

  7  need to ensure reliability of the sample.

  8         8.  Specify circumstances under which a person who

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

10  tests.

11         9.  Provide a procedure for appeal of drug test results

12  by a person who fails a test, and for advising the appellant

13  that he or she may, but is not required to, advise appropriate

14  staff of any prescription or over-the-counter medication he or

15  she has been taking.

16         10.  Notify each person who fails a drug test of the

17  local substance abuse programs that may be available to such

18  person.

19         (b)  The provisions of this section shall take effect

20  only to the extent that funds and treatment slots are

21  available specifically for implementing this section.

22         (4)  TREATMENT.--The department shall provide a

23  rehabilitation treatment program for a person who fails a drug

24  test conducted under this section and has been determined to

25  be eligible to receive WAGES Program assistance and services,

26  and shall provide for a retest at the end of the treatment

27  period. Failure to pass the retest will result in the

28  termination of temporary assistance or services provided under

29  this chapter.

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                                 CS/CS/HB 271, First Engrossed/ntc



  1         (5)  RULES.--The department shall adopt rules

  2  establishing the screening, testing, retesting, notification,

  3  appeal, and treatment procedures required by this section.

  4         Section 2.  This act shall take effect October 1 of the

  5  year in which enacted.

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