The proposed new rule implements drug testing under Section 414.0652, F.S., in the Temporary Cash Assistance (TCA) Program. The Department will notify individuals subject to drug testing, who test positive, of licensed substance abuse treatment ...

DEPARTMENT OF CHILDREN AND FAMILY SERVICES
Economic Self-Sufficiency Program

RULE NO.: RULE TITLE:
65A-4.221: Drug Testing for Temporary Cash Assistance Applicants
PURPOSE AND EFFECT: The proposed new rule implements drug testing under Section 414.0652, F.S., in the Temporary Cash Assistance (TCA) Program. The Department will notify individuals subject to drug testing, who test positive, of licensed substance abuse treatment providers available in their area to facilitate treatment for substance abuse. Positive drug test results will not be shared with the Florida Abuse Hotline or law enforcement entities.
SUMMARY: The proposed new rule implements drug testing in the Temporary Cash Assistance Program.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The Department considered the factors in Section 120.541, F.S. The proposed rule is not expected to exceed the criteria in paragraph 120.541(2)(a), F.S., therefore, legislative ratification is not required under subsection 120.541(3), F.S.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
RULEMAKING AUTHORITY: 414.0652, 414.45 FS.
LAW IMPLEMENTED: 414.0652 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Cindy Keil, ACCESS Florida Program Policy, 1317 Winewood Boulevard, Building 3, Tallahassee, Florida 32399-0700, [e-mail], [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

65A-4.221 Drug Testing for Temporary Cash Assistance Applicants

An individual subject to drug testing under Section 414.0652, F.S., who tests positive for controlled substances on a drug test required by such law, will be notified by the Department of a list of licensed substance abuse treatment providers available in the area in which the individual resides. The substance abuse treatment provider must meet the requirements of Section 397.401, F.S., and be licensed by the Department. Positive drug test results obtained by the Department pursuant to Section 414.0652, F.S., will not be reported to the Florida Abuse Hotline or to law enforcement entities or officers.

Rulemaking Authority 414.0652, 414.45 FS. Law Implemented 414.06 FS. History–New________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Jeri Flora
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: David E. Wilkins
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 27, 2011
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: June 10, 2011