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Amy Sherman
By Amy Sherman March 14, 2017
Back to Require drug screening for welfare recipients

Florida bill would drug test some applicants for welfare

A father-son lawmaking duo from Clearwater is breathing new life into Gov. Rick Scott's campaign promise to require drug testing for welfare recipients.

The promise hit a roadblock when federal courts struck down a 2011 law that Scott signed as "warrantless, suspicionless drug testing."

Because we assess promises based on outcomes rather than intentions, we rated Scott's campaign pledge as Promise Broken in 2015 when he gave up his battle in court and chose not to appeal.

But Rep. Chris Latvala in the House and his father Senate appropriations chair Jack Latvala have proposed a rewrite of the 2011 state law that focuses on applicants with a track record of drug use. A House committee approved the bill on March 13.

HB 1117 calls for drug testing certain applicants for Temporary Assistance to Needy Families, a federally funded program managed by states.

The tests would be required for applicants who have had a felony drug conviction within the past decade or of whom "the department has a reasonable suspicion is engaging in the illegal use of a controlled substance." Applicants who test positive for drugs would be denied benefits for a year, or if they complete treatment they can re-apply in six months. Applicants would have to pay for each test, which is around $40, but the state would reimburse them if they pass it.

The Florida Department of Children and Families estimated that at least 408 new applicants per month would be tested if the bill were to pass. Based on limited data from the Department of Corrections, DCF estimates that 1.56 percent of current adult TANF recipients have a drug conviction.

At least 15 states including Florida have passed legislation requiring drug testing for public assistance applicants or recipients, according to information compiled by the National Conference of State Legislatures through mid March.

Scott wanted the original law as part of his 2010 campaign pledge to save taxpayers money. He was not involved in drafting the proposed bill for the 2017 session.

"Gov. Scott will review any legislation that makes it to his desk," Scott spokeswoman Lauren Schenone said.

Howard Simon, executive director of the ACLU of Florida, which challenged the 2011 law in court and won, raised objections about the new House bill.

"It is yet another attempt to retroactively justify cruel stereotypes about poor people by treating all those applying for temporary assistance as if they are suspected criminals," he said. "It is hard to disguise that the purpose of the proposal is to deny low-income families vital short-term temporary financial assistance necessary to support themselves, and especially their children."

If the bill passes, it would allow for more more narrow drug testing than Scott's original promise, which broadly applied to all applicants. Still, it has several more hurdles to clear before it can reach Scott's desk, including more hearings and a full vote in the House and Senate.

We are watching this promise, but for now it remains Promise Broken.

 

Our Sources

Florida House, HB 1117, 2017

National Conference of State Legislatures, Drug testing for welfare recipients and public assistance, March 14, 2017

Miami Herald/Tampa Bay Times, "In need of public assistance? You might need $40 and a drug test to get it," March 13, 2017

Interview, Rochelle Finzel, National Conference of State Legislatures group director, March 14, 2017

Interview, Lauren Schenone, Gov. Rick Scott spokeswoman, March 14, 2017

Interview, Howard Simon, ACLU of Florida executive director, March 14, 2017