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Amy Sherman
By Amy Sherman January 9, 2012
Back to Require drug screening for welfare recipients

Drug testing welfare recipients gets Florida legislators thinking

The battle about whether Florida should drug test welfare applicants is no laughing matter, but that didn't stop The Daily Show from trying to make Gov. Rick Scott the butt of a joke about it.

Comedy Central reporter Aasif Mandvi crashed a budget press conference in December 2011 to ask Scott to pee in a cup.

"You've benefitted from hundreds of thousands of taxpayer dollars over the years, so would you be willing to pee into this cup to prove to Florida taxpayers that you're not on drugs?'' asked Mandvi Dec. 6, 2011. Scott did not comply. (Read more in the Miami Herald's Naked Politics blog.)

The Daily Show hadn't aired the pee-denial exchange as of the days before the Jan. 10 start of the Legislature's 2012 session. But we decided it was time to test the water on the status of Scott's promise.

To bring you up to speed: The Florida Legislature approved a bill to drug-test welfare recipients in 2011. The American Civil Liberties Union soon filed suit to stop it, and in October, a federal judge issued a temporary injunction. Scott announced in November that the state would appeal the decision, and the issue is still winding its way through the courts. 

So Florida still can't drug test welfare recipients. But legislators and Scott are taking other steps to stop benefits for people who have used drugs. 

Currently, Florida law only denies benefits to individuals convicted of drug trafficking. Some legislators would like to expand that to people who have been convicted of the lesser charge of felony drug possesion. House Bill 813, filed by Republican state Rep. Jimmie Smith, would prohibit individuals convicted of felony drug possession from receiving temporary cash or food assistance unless they complete treatment. (Republican Sen. Steve Oelrich filed an identical bill in the Senate.) The new policy would start for welfare applicants convicted of drug possession felonies on or after July 1, 2012. 

Such a policy would likely survive legal challenges since the 1996 federal welfare law permits it. 

PolitiFact Florida initially gave Gov. Scott a Promise Kept when the Legislature passed the bill to require drug testing, but after the judge issued the injunction, we moved our rating to In the Works. The state has continued its effort to fight in the courts for drug testing and legislators have filed bills to stop convicted drug users from receiving benefits. The promise remains In the Works.

Our Sources

Florida House, House Bill 813, Filed Nov. 29, 2011

Legal Action Center website, Opting out of Federal Ban on Food Stamps and TANF, December 2011

Miami Herald's Naked Politics blog, "Video: Comedy Central targets Gov. Scott -- passing a drug-testing cup," Dec. 7, 2011

Miami Herald's Naked Politics blog, "Scott appeals drug testing injunction," Nov. 3, 2011

Associated Press, "Fla. welfare drug test case to be class action," Dec. 7, 2011

Interview, Derek Newton, ACLU spokesman, Jan. 5, 2012

Interview, Elizabeth Lower-Basch, senior policy analyst for the Center for Legal and Social Policy, Jan. 5, 2012

Interview, Roberta Meyers-Peeples, director of the national HIRE Network, a project of the Legal Action Center, Jan. 6, 2012