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 conditions for an individual to reapply for |
15 | Temporary Assistance for Needy Families benefits; |
16 | providing that, if a parent is ineligible as a result of |
17 | failing a drug test, the eligibility of the children is |
18 | not affected; providing conditions for designating another |
19 | protective payee; providing rulemaking authority to the |
20 | department; providing an effective date. |
21 |
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22 | Be It Enacted by the Legislature of the State of Florida: |
23 |
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24 | Section 1. Section 414.0652, Florida Statutes, is created |
25 | to read: |
26 | 414.0652 Drug screening for applicants for Temporary |
27 | Assistance for Needy Families.- |
28 | (1) The department shall require a drug test consistent |
29 | with s. 112.0455 to screen each individual who applies for |
30 | Temporary Assistance for Needy Families (TANF). The cost of drug |
31 | testing is the responsibility of the individual tested. |
32 | (a) An individual subject to the requirements of this |
33 | section includes any parent or caretaker relative who is |
34 | included in the cash assistance group, including an individual |
35 | who may be exempt from work activity requirements due to the age |
36 | of the youngest child or who may be exempt from work activity |
37 | requirements under s. 414.065(4). |
38 | (b) An individual who tests positive for controlled |
39 | substances as a result of a drug test required under this |
40 | section is ineligible to receive TANF benefits for 1 year after |
41 | the date of the positive drug test unless the individual meets |
42 | the requirements of paragraph (2)(j). |
43 | (2) The department shall: |
44 | (a) Provide notice of drug testing to each individual at |
45 | the time of application. The notice must advise the individual |
46 | that drug testing will be conducted as a condition for receiving |
47 | TANF benefits and that the individual must bear the cost of |
48 | testing. The individual shall be advised that the required drug |
49 | testing may be avoided if the individual does not apply for TANF |
50 | benefits. Dependent children under the age of 18 are exempt from |
51 | the drug-testing requirement. |
52 | (b) Require that for two-parent families, both parents |
53 | must comply with the drug-testing requirement. |
54 | (c) Require that any teen parent who is not required to |
55 | live with a parent, legal guardian, or other adult caretaker |
56 | relative in accordance with s. 414.095(14)(c) must comply with |
57 | the drug-testing requirement. |
58 | (d) Advise each individual to be tested, before the test |
59 | is conducted, that he or she may, but is not required to, advise |
60 | the agent administering the test of any prescription or over- |
61 | the-counter medication he or she is taking. |
62 | (e) Require each individual to be tested to sign a written |
63 | acknowledgment that he or she has received and understood the |
64 | notice and advice provided under paragraphs (a) and (d). |
65 | (f) Assure each individual being tested a reasonable |
66 | degree of dignity while producing and submitting a sample for |
67 | drug testing, consistent with the state's need to ensure the |
68 | reliability of the sample. |
69 | (g) Specify circumstances under which an individual who |
70 | fails a drug test has the right to take one or more additional |
71 | tests. |
72 | (h) Inform an individual who tests positive for a |
73 | controlled substance and is deemed ineligible for TANF benefits |
74 | that the individual may reapply for those benefits 1 year after |
75 | the date of the positive drug test unless the individual meets |
76 | the requirements of paragraph (j). If the individual tests |
77 | positive again, he or she is ineligible to receive TANF benefits |
78 | for 3 years after the date of the second positive drug test |
79 | unless the individual meets the requirements of paragraph (j). |
80 | (i) Provide any individual who tests positive with a list |
81 | of licensed substance abuse treatment providers available in the |
82 | area in which he or she resides that meet the requirements of s. |
83 | 397.401 and are licensed by the department. Neither the |
84 | department nor the state is responsible for providing or paying |
85 | for substance abuse treatment as part of the screening conducted |
86 | under this section. |
87 | (j) An individual who tests positive under this section |
88 | and is denied TANF benefits as a result may reapply for those |
89 | benefits after 6 months if the individual can document the |
90 | successful completion of a substance abuse treatment program |
91 | offered by a provider that meets the requirements of s. 397.401 |
92 | and is licensed by the department. An individual who has met the |
93 | requirements of this paragraph and reapplies for TANF benefits |
94 | must also pass an initial drug test and meet the requirements of |
95 | subsection (1). Any drug test conducted while the individual is |
96 | undergoing substance abuse treatment must meet the requirements |
97 | of subsection (1). The cost of any drug testing and substance |
98 | abuse treatment provided under this section shall be the |
99 | responsibility of the individual being tested and receiving |
100 | treatment. An individual who fails the drug test required under |
101 | subsection (1) may reapply for benefits under this paragraph |
102 | only once. |
103 | (3) If a parent is deemed ineligible for TANF benefits as |
104 | a result of failing a drug test conducted under this section: |
105 | (a) The dependent child's eligibility for TANF benefits is |
106 | not affected. |
107 | (b) An appropriate protective payee shall be designated to |
108 | receive benefits on behalf of the child. |
109 | (c) The parent may choose to designate another individual |
110 | to receive benefits for the parent's minor child. The designated |
111 | individual must be an immediate family member or, if an |
112 | immediate family member is not available or the family member |
113 | declines the option, another individual, approved by the |
114 | department, may be designated. The designated individual must |
115 | also undergo drug testing before being approved to receive |
116 | benefits on behalf of the child. If the designated individual |
117 | tests positive for controlled substances, he or she is |
118 | ineligible to receive benefits on behalf of the child. |
119 | (4) The department shall adopt rules to implement this |
120 | section. |
121 | Section 2. This act shall take effect July 1, 2011. |