Bill requiring welfare recipients to take drug tests headed to [Florida] governor

Miami Herald ^ | May 6. 2011 | Jodie Tillman, Herald/Times Tallahassee bureau

[Cincinatus' Wife]

TALLAHASSEE -- Applying for welfare benefits in Florida? Soon you’ll need to get drug tested.

A measure requiring the tests passed the Senate on Thursday and is headed to Gov. Rick Scott, who called it one of his legislative priorities.

“It’s fair to taxpayers,” Scott said after the vote. “They’re paying the bill. And they’re often drug screened for their jobs. On top of that, it’s good for families. It creates another reason why people will think again before using drugs, which as you know is just a significant issue in our state.”

Scott already signed an executive order requiring random drug testing of state workers.

HB 353 requires all adult recipients of federal cash benefits — the Temporary Assistance for Needy Families program — to pay for the tests, which are typically around $35. The screen would be for all controlled substances and applicants would have to disclose any legal prescriptions.

Recipients who test positive for drugs would lose their benefits for a year. If they fail a second time, they lose the benefits for three years. Parents who test positive must designate another adult to receive benefits on behalf of their children.

Those who pass would be reimbursed by having their benefits increased by the cost of the test.

“This is an effort to stop this cycle of drug abuse,” said Sen. Steve Oelrich, R-Gainesville, one of the sponsors, who added the requirement was similar to one that many employers make of workers.

[blueunicorn6]

“I got fired from my state job for continuous drug use and then they kicked me off welfare for continuous drug use. You know what I’m gonna do?”

“Quit using drugs?”

“Nope. Vote Democrat.”

[Mariner]

"We have so many abusers and users of the welfare system here in Florida it is breaking our backs!"

that's not so bad.

In CA we have 1/10th of the national population and 1/3 of all welfare recipients. We don't even have the national cap of 5 years the rest of the country has...after 5 years here the state takes over all obligations.

People move here for the welfare. People move out to start businesses.

[microgood]

The problem with this is that it is unconstitutional. To do this, the Fed needs to pass a law similar to the military where you agree to give up your constitutional rights when you go on public assistance similar to giving them up when you go into the military. Otherwise, the courts will strike this down in a heartbeat, as it is a nobrainer violation of the 4th Amendment.

[ninergold3]

I’ve been harping on this for Nevada as well.

[4yearlurker]

It's about friggin’ time! If you refuse to take the drug test,then get a JOB!!! Next should be “health coaches” for Welfare bums. I've been called 3 times this year from a “Health Coach” hired by our health insurance company.

[TxDas]

“The problem with this is that it is unconstitutional. To do this, the Fed needs to pass a law similar to the military where you agree to give up your constitutional rights when you go on public assistance similar to giving them up when you go into the military. Otherwise, the courts will strike this down in a heartbeat, as it is a nobrainer violation of the 4th Amendment.”

So it is unconstitutional for an employer to make you take a drug test? Since when is welfare a constitutional right?

[traditional1]

What a concept !

Now.....if they would only have regular drug-testing required to CONTINUE on welfare.....

[microgood]

So it is unconstitutional for an employer to make you take a drug test? Since when is welfare a constitutional right?

No, an employer is not the Federal Government or state government, so they can do it as a condition of voluntary employment. And welfare is not a constitutional right, but in order to search you, the government has to have probable cause to believe you are doing drugs:

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

[bill1952]

>The problem with this is that it is unconstitutional

Wrong.

That is a type of right that can be waived for a compensation due.
It is done by many Federal and State agencies, not to mention numerous private settings.
Settled law.

[Mr. Wright]

Somebody call Al Sharpton & Jesse Jackson.

[Anitius Severinus Boethius]

Welfare is a voluntary agreement with the Government. You do not have to be on welfare. You do not have to apply for welfare.

The Government has already set restrictions (i.e. how much you can earn, how long you have been unemployed, etc.) on the receiving of benefits. This will be an additional, lawful restriction.

[microgood]

It is done by many Federal and State agencies, not to mention numerous private settings.

Do you have some examples of Federal agencies doing this (except military)?

[microgood]

The Government has already set restrictions (i.e. how much you can earn, how long you have been unemployed, etc.) on the receiving of benefits.

But those have nothing to do with the bill of rights or the constitution, since welfare is not a constitutional right. Here you are asking someone to waive their constitutional rights.

So if you are right, then when you take public assistance, they can make you give up your right to own a gun as well.

[bill1952]

DEA, FBI, ATF, NSA, FAA - give me a minute and we can come up with a dozen more. :)

[microgood]

That is a type of right that can be waived for a compensation due.

It is done by many Federal and State agencies, not to mention numerous private settings.

Settled law.

So they can take your guns away as well?

[glorgau]

The cost of the testing will easily pay for itself.

And as a privacy matter I have no problem with this as it is a condition of receiving charity.

[microgood]

DEA, FBI, ATF, NSA, FAA - give me a minute and we can come up with a dozen more. :)

That is based on a voluntary acceptance of a job, and random drug testing is only allowed for certain job titles that affect public safety. Totally different situation. Heck, when I worked for DOD as an engineer they could not random test me as I was not directly tied to public safety.

This is a case of some random citizen that you have no evidence of their drug use and they are not in a job critical to public safety. Cannot do it.

[WOBBLY BOB]

I wonder which is more addictive- gubmint cheese or crack?

[chemengineer42]

The Florida governor founded Solantic in 2001, only a few years after he resigned as the CEO of hospital giant Columbia/HCA. In January, according to the Palm Beach Post, he transferred his $62 million stake in Solantic to his wife, Ann Scott, a homemaker involved in various charitable organizations.

Among the services that Solantic offers: drug testing.

[Indy Pendance]

I can’t wait for our hero Governor Walker to implement this in Wisconsin. Coming to a state near you! Whoo Hooo!