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. Dependent children under the age of 18 are exempt from |
48 | the drug-testing requirement. |
49 | (b) Require that for two-parent families, both parents |
50 | must comply with the drug-testing requirement. |
51 | (c) Require that any teen parent who is not required to |
52 | live with a parent, legal guardian, or other adult caretaker |
53 | relative in accordance with s. 414.095(14)(c) must comply with |
54 | the drug-testing requirement. |
55 | (d) Advise each individual to be tested, before the test |
56 | is conducted, that he or she may, but is not required to, advise |
57 | the agent administering the test of any prescription or over- |
58 | the-counter medication he or she is taking. |
59 | (e) Require each individual to be tested to sign a written |
60 | acknowledgment that he or she has received and understood the |
61 | notice and advice provided under paragraphs (a) and (d). |
62 | (f) Assure each individual being tested a reasonable |
63 | degree of dignity while producing and submitting a sample for |
64 | drug testing, consistent with the state's need to ensure the |
65 | reliability of the sample. |
66 | (g) Specify circumstances under which an individual who |
67 | fails a drug test has the right to take one or more additional |
68 | tests. |
69 | (h) Inform an individual who tests positive for a |
70 | controlled substance and is deemed ineligible for TANF benefits |
71 | that the individual may reapply for those benefits 1 year after |
72 | the date of the positive drug test. If the individual tests |
73 | positive again, he or she is ineligible to receive TANF benefits |
74 | for 3 years after the date of the second positive drug test. |
75 | (i) Provide any individual who tests positive with |
76 | information concerning substance abuse treatment programs that |
77 | may be available in the area in which he or she resides. Neither |
78 | the department nor the state is responsible for providing or |
79 | paying for substance abuse treatment as part of the screening |
80 | conducted under this section. |
81 | (3) If a parent is deemed ineligible for TANF benefits as |
82 | a result of failing a drug test conducted under this section: |
83 | (a) The dependent child's eligibility for TANF benefits is |
84 | not affected. |
85 | (b) An appropriate protective payee shall be designated to |
86 | receive benefits on behalf of the child. |
87 | (c) The parent may choose to designate another individual |
88 | to receive benefits for the parent's minor child. The designated |
89 | individual must be an immediate family member or, if an |
90 | immediate family member is not available or the family member |
91 | declines the option, another individual, approved by the |
92 | department, may be designated. The designated individual must |
93 | also undergo drug testing before being approved to receive |
94 | benefits on behalf of the child. If the designated individual |
95 | tests positive for controlled substances, he or she is |
96 | ineligible to receive benefits on behalf of the child. |
97 | (4) The department shall adopt rules to implement this |
98 | section. |
99 | Section 2. This act shall take effect July 1, 2011. |