| 1 | A bill to be entitled |
| 2 | An act relating to drug screening of potential and |
| 3 | existing beneficiaries of Temporary Assistance for Needy |
| 4 | Families; creating s. 414.0652, F.S.; requiring the |
| 5 | Department of Children and Family Services to perform a |
| 6 | drug test on an applicant for Temporary Assistance for |
| 7 | Needy Families benefits; requiring such individual to bear |
| 8 | the cost of the drug test; requiring the department to |
| 9 | provide, and the applicant to acknowledge receipt of, |
| 10 | notice of the drug-screening policy; providing procedures |
| 11 | for testing and retesting; requiring the department to |
| 12 | provide information concerning local substance abuse |
| 13 | treatment programs to an individual who tests positive; |
| 14 | providing that, if a parent is ineligible as a result of |
| 15 | failing a drug test, the eligibility of the children is |
| 16 | not affected; providing conditions for designating another |
| 17 | protective payee; providing rulemaking authority to the |
| 18 | department; providing an effective date. |
| 19 |
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| 20 | Be It Enacted by the Legislature of the State of Florida: |
| 21 |
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| 22 | Section 1. Section 414.0652, Florida Statutes, is created |
| 23 | to read: |
| 24 | 414.0652 Drug screening for applicants for Temporary |
| 25 | Assistance for Needy Families.- |
| 26 | (1) The department shall require a drug test consistent |
| 27 | with s. 112.0455 to screen each individual who applies for |
| 28 | Temporary Assistance for Needy Families (TANF). The cost of drug |
| 29 | testing is the responsibility of the individual tested. |
| 30 | (a) An individual subject to the requirements of this |
| 31 | section includes any parent or caretaker relative who is |
| 32 | included in the cash assistance group, including an individual |
| 33 | who may be exempt from work activity requirements due to the age |
| 34 | of the youngest child or who may be exempt from work activity |
| 35 | requirements under s. 414.065(4). |
| 36 | (b) An individual who tests positive for controlled |
| 37 | substances as a result of a drug test required under this |
| 38 | section is ineligible to receive TANF benefits for 1 year after |
| 39 | the date of the positive drug test. |
| 40 | (2) The department shall: |
| 41 | (a) Provide notice of drug testing to each individual at |
| 42 | the time of application. The notice must advise the individual |
| 43 | that drug testing will be conducted as a condition for receiving |
| 44 | TANF benefits and that the individual must bear the cost of |
| 45 | testing. The individual shall be advised that the required drug |
| 46 | testing may be avoided if the individual does not apply for TANF |
| 47 | benefits. Children under the age of 18 are exempt from the drug- |
| 48 | testing requirement. |
| 49 | (b) Require that for two-parent families, both parents |
| 50 | must comply with the drug-testing requirement. |
| 51 | (c) Advise each individual to be tested, before the test |
| 52 | is conducted, that he or she may, but is not required to, advise |
| 53 | the agent administering the test of any prescription or over- |
| 54 | the-counter medication he or she is taking. |
| 55 | (d) Require each individual to be tested to sign a written |
| 56 | acknowledgment that he or she has received and understood the |
| 57 | notice and advice provided under paragraphs (a) and (c). |
| 58 | (e) Assure each individual being tested a reasonable |
| 59 | degree of dignity while producing and submitting a sample for |
| 60 | drug testing, consistent with the state's need to ensure the |
| 61 | reliability of the sample. |
| 62 | (f) Specify circumstances under which an individual who |
| 63 | fails a drug test has the right to take one or more additional |
| 64 | tests. |
| 65 | (g) Inform an individual who tests positive for a |
| 66 | controlled substance and is deemed ineligible for TANF benefits |
| 67 | that the individual may reapply for those benefits 1 year after |
| 68 | the date of the positive drug test. If the individual tests |
| 69 | positive again, he or she is ineligible to receive TANF benefits |
| 70 | for 3 years after the date of the second positive drug test. |
| 71 | (h) Provide any individual who tests positive with |
| 72 | information concerning substance abuse treatment programs that |
| 73 | may be available in the area in which he or she resides. Neither |
| 74 | the department nor the state is responsible for providing or |
| 75 | paying for substance abuse treatment as part of the screening |
| 76 | conducted under this section. |
| 77 | (3) If a parent is deemed ineligible for TANF benefits as |
| 78 | a result of failing a drug test conducted under this section: |
| 79 | (a) The dependent child's eligibility for TANF benefits is |
| 80 | not affected. |
| 81 | (b) An appropriate protective payee shall be designated to |
| 82 | receive benefits on behalf of the child. |
| 83 | (c) The parent may choose to designate another individual |
| 84 | to receive benefits for the parent's minor child. The designated |
| 85 | individual must be an immediate family member or, if an |
| 86 | immediate family member is not available or the family member |
| 87 | declines the option, another individual, approved by the |
| 88 | department, may be designated. The designated individual must |
| 89 | also undergo drug testing before being approved to receive |
| 90 | benefits on behalf of the child. If the designated individual |
| 91 | tests positive for controlled substances, he or she is |
| 92 | ineligible to receive benefits on behalf of the child. |
| 93 | (4) The department shall adopt rules to implement this |
| 94 | section. |
| 95 | Section 2. This act shall take effect July 1, 2011. |