Florida Legislation Requires Drug Testing of TANF Applicants: Bill Summary

The Florida legislature approved a bill (HB 353) requiring drug testing of all individuals who apply for benefits under the Temporary Assistance for Needy Families (TANF) program. Governor Rick Scott signed the legislation into law on May 31, 2011 and it will take effect on July 1, 2011. 

Many states have proposed drug testing for welfare recipients since the passage of welfare reform in 1996.  Drug testing is expressly permitted in the federal rules governing the TANF block grant.  Michigan was the first state to implement mandatory drug testing, but the law was found unconstitutional in 2003 by a Michigan Court of Appeals.    The Florida legislation is the first to be passed by a state legislature since the Michigan case. 

 What the Legislation Will Do

• Requires all applicants for TANF to be tested for controlled substance use.
• All applicants must be notified of the drug testing requirement at the time of application.
• The applicant must pay for the test.  If they test negative the applicant will be reimbursed for the cost by adding the amount to their benefit check.
• If an applicant tests positive the applicant is ineligible for benefits for one year, but can reapply in 6 months if he/she completes an approved substance abuse treatment program.
• A parent's positive test result does not affect the child's eligiblity for benefits; however, any benefits received must be disbursed through a protective payee who must also pass a drug test.

For more information please contact Rochelle Finzel or Jack Tweedie at NCSL at cyf-info@ncsl.org or (303) 364-7700.