By Tom Flanigan
http://stream.publicbroadcasting.net/production/mp3/wfsu/local-wfsu-960832.mp3
Tallahassee, FL – Drug testing would be required of those applying for what used to be called welfare under a bill that sailed through a house committee today Thursday. Tom Flanigan reports the measure sparked spirited debate and also raises some interesting constitutional issues.
Random drug testing is back in the Florida spotlight. Even before Florida Governor Rick Scott announced his support for random drug testing of state employees, State Representative Jimmie Smith, Republican of Lecanto was working on his bill.
"It requires all recipients of TANF to be drug-tested as a condition of receiving benefits. Requires a person who applies for TANF to pass a drug test and, if they fail, they are not eligible to receive benefits for one year. If they fail a second time, they are not eligible to receive benefits for three years. Requires that, in two parent households, both parents must pass the drug test."
But the kids whose parents fail the drug test could still receive benefits through someone else, such as a close relative, or a person named by the state Department of Children and Families. Of course, that person would also have to pass a drug test. "TANF", by the way, is short for "Temporary Assistance to Needy Families". It provides short-term cash assistance to eligible families. Smith brought his bill before the House Judiciary Committee on Thursday. He also brought an amendment that would extend the drug test requirement to teen parents who apply for help. Who would pay for the drug testing? Representative Smith that would be the responsibility of the person taking the test.
"The core concept is, ten dollars to pay for potentially thousands of dollars of taxpayer moneys is a very fair way to do it."
There were a few questions for Representative Smith. Perhaps the simplest came from Orlando Democrat Darren Soto who wanted to know, "Why?"
"What is the need we're addressing here by drug-testing folks who are receiving TANF?"
To which Representative Smith replied, there were a couple of reasons:
"And the first and most important is the obvious: to make sure that our families that are getting the tax money are actually properly taken care of and that we are not paying for somebody to do something illicit. And the second is, we are here to represent our constituents and the constituents have spoken very loudly; this is what they want."
Those reasons didn't convince Ronald Bilbao with the American Civil Liberties Union. He cited a similar effort in Michigan which went down to constitutional defeat in the courts.
"And I just want to quote the judge's rationale that she used for suspicion-less testing of welfare recipients and she said, quote, The rationale could be used for testing the parents of all children who received Medicaid for example, state emergency relief, education grants or loans, public education and any other benefit from the state. So we just ask the legislator to consider the slippery slope of suspicionless drug testing for government benefits."
There was far more support from Representative Smith's legislative colleagues. Such as Ocala Republican Dennis Baxley.
"This is not about trying to discipline somebody or keep somebody off of benefits. This is about trying to get to the real core problem in that family. And if you don't confront it, you'll never solve the dysfunction in that family. I support the bill."
Representative Matt Gaetz, a Shalimar Republican, saw the measure as nothing more than what's accepted practice elsewhere.
"In the private sector, WalMart can drug test, private companies can drug test and the reason that they're empowered to drug test is that they're the ones cutting the check. And I think that this sinks the State of Florida in line with those values; he who cuts the check ought to be empowered to test, to know where that money's going."
That reasoning seemed to carry the day and the bill cleared the committee in fairly short order. After the vote, reporters asked Governor Rick Scott what he thought of the bill.
"You know, measurement always helps us improve and so, knowing that you're going to be drug tested hopefully will give you another incentive to not use drugs."
Governor Scott says that same rationale is behind his executive order for random drug testing of all State of Florida employees that could face a far tougher constitutional challenge since it was a Florida federal judge that struck down a similar requirement some seven years ago.