WELFARE DRUG TESTS PURSUED

Florida Legislature Advances GOP Bills That Make Recipients Pay For Procedures

TALLAHASSEE - Bills are advancing in the Florida Legislature
requiring all applicants for federal welfare benefits to take and pay
for drug testing, despite opposition from Democrats and even some Republicans.

In a House committee hearing Wednesday, the bill's sponsor revised it
to make it tougher, applying to all applicants for welfare, not just
those with criminal records for drug offenses.

That brings it in line with the Senate bill, which already applied to
all applicants, but also raises more questions about whether the bill
is constitutional, according to the legislative staff analysis.

It also generated increased opposition.

All the Democrats on the House Rulemaking and Regulation Committee
voted against it, even though one, Scott Randolph of Orlando, said it
might have received bipartisan support in its original form.

Meanwhile, Gov. Rick Scott, who announced this week that he'll begin
drug testing job applicants and employees in state agencies under his
control, couldn't provide information Wednesday on how many people
are likely to be tested or how much it will cost.

Scott's order did not say who will pay for those tests.

Spokesmen for Scott also had no comment on allegations by critics,
including the state Democratic Party, that the drug testing policy
could be a conflict of interest for Scott.

A chain of medical clinics he owned but has transferred to his wife
advertises drug testing for employers as one of its services.

Scott spokeswoman Amy Graham noted that his executive order gives the
governor's agencies 60 days to develop the new testing policy along
with the governor's office.

'When the policy is finalized, we will have a better sense of how
many people will be tested and how frequently,' she said. 'We can
tell you today that this executive order will create regular and
random tests for the purpose of creating a more healthy and
productive workforce in the governor's agencies.'

During his campaign, Scott also supported drug testing for those
getting unemployment benefits.

Bills have been filed to do that but haven't been put on committee
agendas, a possible indication legislative leaders aren't eager to
bring them up.

The Senate version of the bill made it through the first of its two
committees Tuesday. In the House, it generated controversy at its
second of five committee stops Wednesday.

Democrats say testing isn't needed, citing figures from a Putnam
County pilot program in 1999-2001 that only 335 of 8,797 recipients
tested positive.

They also cited a Michigan federal court case ruling that testing,
without grounds to suspect drug use, is unconstitutional.

The cost, they added, would be burdensome for needy families.

The state Department of Children & Families estimated initial tests
would cost $10, and a confirmation test for anyone who tests positive
would cost an additional $25 - a total of more than 10 percent of the
monthly maximum welfare benefit.

Scott's company, Solantic, advertises a $35 fee.

'It seems like you're trying to solve a problem that doesn't exist,'
said Rep. James Waldman, D-Coconut Creek.

But Republicans responded that the Michigan ruling, not binding in
Florida, should not stop the Legislature from enacting the bill.

House bill sponsor Jimmie Smith, R-Inverness, said he thinks the bill
is needed. 'I went out there and talked to the people,' he said.
'They don't want their tax money being spent on people who
potentially could use it to buy drugs.'

He said the money would ensure that benefits go to truly needy and
deserving families.

One Republican on the committee, Rep. Jeffrey Brandes of St.
Petersburg, voted against the bill, citing privacy concerns.

Brandes said he thinks there will be other Republican opposition and
questioned whether the bill can survive.

Gov. Rick Scott announced Tuesday that he will initiate drug-testing
of job applicants and employees in state agencies that are under his control.