Florida Senate - 2017 COMMITTEE AMENDMENT
Bill No. SB 1392
Ì473858YÎ473858
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/23/2017 .
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The Committee on Children, Families, and Elder Affairs (Latvala)
recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsections (1) and (2) of section 414.0652,
6 Florida Statutes, are amended to read:
7 414.0652 Drug screening for applicants for Temporary
8 Assistance for Needy Families.—
9 (1)(a) The department shall require a drug test consistent
10 with s. 112.0455 to screen each individual who applies for
11 Temporary Assistance for Needy Families (TANF) who:
12 1. Has been convicted of committing or attempting to commit
13 a drug-related felony under chapter 893 within the last 10
14 years; and
15 2. The department has a reasonable suspicion is engaging in
16 the illegal use of a controlled substance.
17 (b) The cost of drug testing is the responsibility of the
18 individual tested.
19 (a) An individual subject to the requirements of this
20 section includes any parent or caretaker relative who is
21 included in the cash assistance group, including an individual
22 who may be exempt from work activity requirements due to the age
23 of the youngest child or who may be exempt from work activity
24 requirements under s. 414.065(4).
25 (c)(b) An individual who tests positive for controlled
26 substances as a result of a drug test required under this
27 section is ineligible to receive TANF benefits for 1 year after
28 the date of the positive drug test unless the individual meets
29 the requirements of paragraph (2)(h) (2)(j).
30 (2) The department shall:
31 (a) Provide notice of drug testing to each individual at
32 the time of application. The notice must advise the individual
33 that drug testing will be conducted as a condition for receiving
34 TANF benefits and that the individual must bear the cost of
35 testing. If the individual tests negative for controlled
36 substances, the department shall increase the amount of the
37 initial TANF benefit by the amount paid by the individual for
38 the drug testing. The individual shall be advised that the
39 required drug testing may be avoided if the individual does not
40 apply for TANF benefits. Dependent children under the age of 18
41 are exempt from the drug-testing requirement.
42 (b) Require that for two-parent families, both parents must
43 comply with the drug-testing requirement.
44 (c) Require that any teen parent who is not required to
45 live with a parent, legal guardian, or other adult caretaker
46 relative in accordance with s. 414.095(14)(c) must comply with
47 the drug-testing requirement.
48 (b)(d) Advise each individual to be tested, before the test
49 is conducted, that he or she may, but is not required to, advise
50 the agent administering the test of any prescription or over
51 the-counter medication he or she is taking.
52 (c)(e) Require each individual to be tested to sign a
53 written acknowledgment that he or she has received and
54 understood the notice and advice provided under paragraphs (a)
55 and (b) (d).
56 (d)(f) Assure each individual being tested a reasonable
57 degree of dignity while producing and submitting a sample for
58 drug testing, consistent with the state’s need to ensure the
59 reliability of the sample.
60 (e)(g) Specify circumstances under which an individual who
61 fails a drug test has the right to take one or more additional
62 tests.
63 (f)(h) Inform an individual who tests positive for a
64 controlled substance and is deemed ineligible for TANF benefits
65 that the individual may reapply for those benefits 1 year after
66 the date of the positive drug test unless the individual meets
67 the requirements of paragraph (h) (j). If the individual tests
68 positive again, he or she is ineligible to receive TANF benefits
69 for 3 years after the date of the second positive drug test
70 unless the individual meets the requirements of paragraph (h)
71 (j).
72 (g)(i) Provide any individual who tests positive with a
73 list of licensed substance abuse treatment providers available
74 in the area in which he or she resides that meet the
75 requirements of s. 397.401 and are licensed by the department.
76 Neither the department nor the state is responsible for
77 providing or paying for substance abuse treatment as part of the
78 screening conducted under this section.
79 (h)(j) Allow an individual who tests positive under this
80 section and is denied TANF benefits as a result to may reapply
81 for those benefits after 6 months if the individual can document
82 the successful completion of a substance abuse treatment program
83 offered by a provider that meets the requirements of s. 397.401
84 and is licensed by the department. An individual who has met the
85 requirements of this paragraph and reapplies for TANF benefits
86 must also pass an initial drug test and meet the requirements of
87 subsection (1). Any drug test conducted while the individual is
88 undergoing substance abuse treatment must meet the requirements
89 of subsection (1). The cost of any drug testing and substance
90 abuse treatment provided under this section shall be the
91 responsibility of the individual being tested and receiving
92 treatment. An individual who fails the drug test required under
93 subsection (1) may reapply for benefits under this paragraph
94 only once.
95 Section 2. This act shall take effect July 1, 2017.
96
97 ================= T I T L E A M E N D M E N T ================
98 And the title is amended as follows:
99 Delete everything before the enacting clause
100 and insert:
101 A bill to be entitled
102 An act relating to drug screening for Temporary
103 Assistance for Needy Families applicants amending s.
104 414.0652, F.S.; requiring the Department of Children
105 and Families to perform a drug test on an applicant
106 for TANF benefits with a prior drug-related felony
107 conviction and who the department reasonably suspects
108 is engaging in the illegal use of a controlled
109 substance; deleting a provision stating which
110 individuals are subject to specified requirements;
111 deleting department duties to require specified
112 individuals to comply with the drug-testing
113 requirements; providing an effective date.