Bill Text: FL S0556 | 2011 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Temporary Assistance for Needy Families Program
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2011-05-04 - Read 2nd time -SJ 830 [S0556 Detail]
Download: Florida-2011-S0556-Introduced.html
Bill Title: Temporary Assistance for Needy Families Program
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2011-05-04 - Read 2nd time -SJ 830 [S0556 Detail]
Download: Florida-2011-S0556-Introduced.html
Florida Senate - 2011 SB 556 By Senator Oelrich 14-00488B-11 2011556__ 1 A bill to be entitled 2 An act relating to drug screening of potential and 3 existing beneficiaries of temporary cash assistance; 4 creating s. 414.0652, F.S.; providing legislative 5 intent; requiring the Department of Children and 6 Family Services to establish a drug-screening program; 7 requiring consent to drug screening as a condition to 8 eligibility for or receipt of temporary cash 9 assistance; limiting screening to certain persons; 10 providing definitions; providing for notice; providing 11 terms of disqualification for temporary cash 12 assistance; requiring the department to supply 13 information concerning substance abuse treatment; 14 providing screening procedures; providing for the 15 preservation of screening and confirmatory testing 16 specimens; directing the department to submit a report 17 to the Governor and Legislature; amending s. 414.095, 18 F.S.; revising requirements for determination of 19 eligibility for temporary cash assistance to conform 20 to changes made by the act; providing an effective 21 date. 22 23 Be It Enacted by the Legislature of the State of Florida: 24 25 Section 1. Section 414.0652, Florida Statutes, is created 26 to read: 27 414.0652 Drug-screening program.— 28 (1) LEGISLATIVE INTENT.—It is the intent of the Legislature 29 to create a drug-screening program within the Department of 30 Children and Family Services. 31 (2) CREATION AND IMPLEMENTATION.— 32 (a) The department shall establish a drug-screening program 33 that requires an individual, as a condition to eligibility for 34 or receipt of temporary cash assistance, to consent to being 35 subject to drug screening. 36 (b) The department shall: 37 1. Make a determination of eligibility under s. 414.095 38 before an applicant is selected for drug screening. 39 2. Provide notice of the potential for drug screening to 40 individuals applying for or receiving temporary cash assistance. 41 3. Require an applicant or participant to sign an 42 acknowledgment that he or she has received notice of the 43 department’s drug-screening policy and that he or she has a 44 right to refuse to undergo the drug screening. 45 (c) The department may only screen an applicant who has 46 been convicted of a drug felony within the prior 3 years and 47 shall continue to screen that individual for 3 years after the 48 date upon which the individual begins receiving temporary cash 49 assistance. 50 (d) The program must be implemented no later than July 1, 51 2012. 52 (3) DEFINITIONS.—As used in this section, the term: 53 (a) “Confirmation test” or “confirmatory testing” means a 54 second analytical procedure used to identify the presence of a 55 specific drug or metabolite in a specimen. The confirmation test 56 must be different in scientific principle from that of the 57 initial drug-screening procedure and must be capable of 58 providing the requisite specificity, sensitivity, and 59 quantitative accuracy. A confirmation test may only be 60 administered if an applicant or participant tests positive for a 61 drug during an initial drug screening. 62 (b) “Drug” means an amphetamine, a tetrahydrocannabinol, 63 oxycodone, cocaine, phencyclidine (PCP), an opiate, a 64 barbiturate, a benzodiazepine, a methamphetamine, a 65 propoxyphene, a tricyclic antidepressant, or a metabolite of any 66 of the substances listed in this paragraph. 67 (c) “Drug screening” or “screen” means any chemical, 68 biological, or physical instrumental analysis administered by a 69 laboratory certified by the United States Department of Health 70 and Human Services or licensed by the Agency for Health Care 71 Administration for the purpose of determining the presence or 72 absence of a drug or its metabolites. 73 (d) “Initial drug screening” or “initial screen” means a 74 sensitive, rapid, and reliable procedure to identify negative 75 and presumptive positive specimens. All initial screens shall 76 use an immunoassay procedure or an equivalent or shall use a 77 more accurate scientifically accepted method approved by the 78 United States Food and Drug Administration or the Agency for 79 Health Care Administration, as more accurate technology becomes 80 available in a cost-effective form. 81 (e) “Nonprescription medication” means a medication that is 82 authorized pursuant to federal or state law for general 83 distribution and use without a prescription for the treatment of 84 human diseases, ailments, or injuries. 85 (f) “Prescription medication” means a drug or medication 86 obtained pursuant to a prescription as defined in s. 893.02. 87 (g) “Specimen” means a tissue, hair, or product of the 88 human body capable of revealing the presence of a drug or its 89 metabolites. A urine specimen shall be collected and analyzed 90 for all initial drug screens and confirmation tests under this 91 section. 92 (4) DRUG SCREENING AND CONFIRMATORY TESTING.— 93 (a) An individual is disqualified from receiving or 94 continuing to receive temporary cash assistance if the 95 individual: 96 1. Refuses to submit to drug screening under this section. 97 Eligibility for temporary cash assistance is restored when the 98 individual agrees to be screened; or 99 2. Tests positive for drugs as a result of a confirmation 100 test performed under this section. 101 (b) If the individual fails the confirmation test required 102 under this section, the individual: 103 1. Is not eligible to receive temporary cash assistance for 104 3 years. 105 2. If a parent, may choose to designate another individual 106 to receive benefits for the parent’s minor child. The designated 107 individual must be an immediate family member or, if an 108 immediate family member is not available or the family member 109 declines the option, another individual, approved by the 110 department, may be designated. Approval may not be granted if 111 the designated individual has been convicted of a drug felony 112 within the prior 3 years. 113 (c) The department shall provide any individual who tests 114 positive with information concerning substance abuse treatment 115 programs that may be available in the area in which he or she 116 resides. Neither the department nor the state is responsible for 117 providing or paying for substance abuse treatment as part of the 118 screening conducted under this section. 119 (d) The cost of screening and confirmatory testing shall be 120 paid by the individual being screened and tested, and the 121 department shall solicit competitive bids for drug-screening and 122 confirmatory testing services to ensure the lowest possible cost 123 for administering the drug screen and confirmation test. 124 (5) USE OF RESULTS.— 125 (a) All specimen collection and screening and testing for 126 drugs under this section must be performed in accordance with 127 the following procedures: 128 1. The individual to be screened or tested must provide 129 written consent to be screened or tested for drugs on a form 130 developed by the department. 131 2. A specimen shall be collected with due regard to the 132 privacy of the individual providing the specimen and in a manner 133 reasonably calculated to prevent substitution or contamination 134 of the specimen. 135 3. Specimen collection must be documented, and the 136 documentation procedures must include: 137 a. Labeling of specimen containers so as to reasonably 138 preclude the likelihood of erroneous identification of drug 139 screen or confirmation-test results. 140 b. A form on which the individual undergoing drug screening 141 or confirmatory testing may provide any information he or she 142 considers relevant to the screen or test, including 143 identification of currently or recently used prescription or 144 nonprescription medication or other relevant medical 145 information. The form must provide notice of the most common 146 medications by brand name or common name, as applicable, as well 147 as by chemical name, which may alter or affect a drug screen or 148 confirmation test. The providing of information does not 149 preclude the administration of the drug screen or test, but must 150 be taken into account in interpreting any positive drug-screen 151 or confirmation-test result. 152 4. Specimen collection, storage, and transportation to the 153 screening or testing site must be performed in a manner that 154 reasonably precludes contamination or adulteration of specimens 155 as specified in the department’s drug-screening and 156 confirmatory-testing protocols, policies, and procedures. 157 (b) A specimen that produces a positive screen or positive 158 test result must be preserved for a certain period of time as 159 established by the department’s drug-screening and confirmatory 160 testing protocols, policies, and procedures. The length of time 161 for the preservation of specimens shall be consistent with 162 industry standards. However, if the screened or tested 163 individual undertakes an administrative or legal challenge to 164 the drug-screen or confirmatory-test result, the specimen must 165 be preserved until the case or administrative appeal is settled. 166 (6) REPORT.—The department shall submit a report to the 167 Governor, the President of the Senate, and the Speaker of the 168 House of Representatives by January 1, 2013, which includes: 169 (a) The number of individuals screened and tested, a list 170 of the substances for which individuals were screened and 171 tested, and the results of the screening and testing. 172 (b) The number of applicants denied temporary cash 173 assistance for failing a confirmation test and the number of 174 recipients for whom temporary cash assistance was terminated for 175 refusing to submit to a drug screen or confirmation test or 176 failing a confirmation test while receiving benefits. 177 (c) The number of individuals who refused to be screened. 178 (d) The number of weeks and the amount of temporary cash 179 assistance for which individuals would have been eligible if 180 they had not tested positive or refused to be screened. 181 (e) An estimate of the costs of the drug-screening program, 182 including the average cost of individual drug screens and 183 confirmation tests and the cost of administering the program. 184 Section 2. Subsection (1) of section 414.095, Florida 185 Statutes, is amended to read: 186 414.095 Determining eligibility for temporary cash 187 assistance.— 188 (1) ELIGIBILITY.—An applicant must meet eligibility 189 requirements of this section before receiving services or 190 temporary cash assistance under this chapter, except that an 191 applicant shall be required to register for work and engage in 192 work activities in accordance with s. 445.024, as designated by 193 the regional workforce board, and may receive support services 194 or child care assistance in conjunction with such requirement. 195 The department shall make a determination of eligibility based 196 on the criteria listed in this chapter. The department shall 197 monitor continued eligibility for temporary cash assistance 198 through periodic reviews consistent with the food assistance 199 eligibility process.Benefits shall not be denied to an200individual solely based on a felony drug conviction, unless the201conviction is for trafficking pursuant to s.893.135.To be 202 eligible under this section, an individual convicted of a drug 203 felony must be satisfactorily meeting the requirements of the 204 temporary cash assistance program and s. 414.0652, including all 205 substance abuse treatment requirements. Within the limits 206 specified in this chapter, the state opts out of the provision 207 of Pub. L. No. 104-193, s. 115, that eliminates eligibility for 208 temporary cash assistance and food assistance for any individual 209 convicted of a controlled substance felony. 210 Section 3. This act shall take effect July 1, 2011.