FLA Gov. Rick Scott Signs Legislation Requiring Drug Screening for Welfare Beneficiaries
Continuing Florida's signature 'tough-love' approach to welfare reform, Florida Gov. Rick Scott on Tuesday signed into law a bill that will require adults applying for welfare benefits to undergo drug screening. Applicants who test positive for drug use will not qualify for assistance.
"It's the right thing for taxpayers," Scott said after signing the measure. "It's the right thing for citizens of this state that need public assistance. We don't want to waste tax dollars. And also, we want to give people an incentive to not use drugs."
Under the law, which takes effect on July 1, the Florida Department of Children and Family Services will be required to conduct the drug tests on adults applying to the federal Temporary Assistance for Needy Families program. The aid recipients would be responsible for the cost of the screening, which they would recoup in their assistance if they qualify. Those who fail the required drug testing may designate another individual to receive the benefits on behalf of their children.
Predictably, all the usual suspects are squealing about how unfair, "unconstitutional," and evil it is to require welfare beneficiaries to stay clean.
Shortly after the bill was signed, five Democrats from the state's congressional delegation issued a joint statement attacking the legislation, one calling it "downright unconstitutional."
"Governor Scott's new drug testing law is not only an affront to families in need and detrimental to our nation's ongoing economic recovery, it is downright unconstitutional," said Rep. Alcee Hastings. "If Governor Scott wants to drug test recipients of TANF benefits, where does he draw the line? Are families receiving Medicaid, state emergency relief, or educational grants and loans next?"
Rep. Corrine Brown said the tests "represent an extreme and illegal invasion of personal privacy."
"Indeed, investigating people when there is probable cause to suspect they are abusing drugs is one thing," Brown said in the joint statement. "But these tests amount to strip searching our state's most vulnerable residents merely because they rely on the government for financial support during these difficult economic times."
It's kind of hard to understand what "unconstitutional" might mean to someone like Alcee Hastings who claims that he and his ilk in Congress "make [rules] up as we go along."
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May '10
Re: FLA Gov. Rick Scott Signs Legislation Requiring Drug Screening for Welfare Beneficiaries
Surely, Brown has a bill in the works which will bar employers from testing potential employees.
May '10
Re: FLA Gov. Rick Scott Signs Legislation Requiring Drug Screening for Welfare Beneficiaries
Brilliant. I hope more states follow Florida's example. It's no more an invasion of privacy than in any other financial exchange. Pretty much, the state is hiring the applicants to do the simple job of staying off drugs. Sounds like a pretty good deal for the recipient--he or she can just sit on his or her butt all day and get a wealth transfer from working people and all that's required is NOT to do drugs. Wish I could find someone to hire me for such an easy job...
Dec '10
Re: FLA Gov. Rick Scott Signs Legislation Requiring Drug Screening for Welfare Beneficiaries
That's different. One needn't work to live. Any more. We only need concern ourselves with the "constitutional" rights of the "most vulnerable" to do drugs on the public dole.
Mar '11
Re: FLA Gov. Rick Scott Signs Legislation Requiring Drug Screening for Welfare Beneficiaries
I remember when "mandatory" drug testing came to my former federal agency. As the program was written, all employees were to be subject to random urine testing as a condition of their employment. Civil libertarians and union types went nuts and began successfully chipping away at the categories of employees who could be tested. When the program was finally implemented, the only employees subject to testing were Presidential appointees and senior executives, perhaps the least likely folks to be using illegal drugs (or so one would hope). Sadly, I suspect that much the same thing will happen here.
Jul '10
Re: FLA Gov. Rick Scott Signs Legislation Requiring Drug Screening for Welfare Beneficiaries
There will be no eight balls on the Road to Serfdom.
Jun '10
Re: FLA Gov. Rick Scott Signs Legislation Requiring Drug Screening for Welfare Beneficiaries
I'll guess we'll be welcoming some new jobless drug-addicts to Minnesota, to collect welfare. You're all welcome. It's what we do. Be sure and sue us if we do a bad job.
Dec '10
Re: FLA Gov. Rick Scott Signs Legislation Requiring Drug Screening for Welfare Beneficiaries
Really doubt you are going to see any Civil libertarians joining the fight on this one, likewise I don't see what Unions have to gain by spending political capital fighting this. I would imagine this thing goes through pretty much as is.
May '10
Re: FLA Gov. Rick Scott Signs Legislation Requiring Drug Screening for Welfare Beneficiaries
If you want to take illegal drugs do it on your own dime. He who pays the piper calls the tune.
Dec '10
Re: FLA Gov. Rick Scott Signs Legislation Requiring Drug Screening for Welfare Beneficiaries
Nyadnar17
Really doubt you are going to see any Civil libertarians joining the fight on this one...
Is there anything that civil libertarians don't fight against? Besides, maybe, the prospect that prisoners will be denied access to porn.
Honestly, the ACLU types and other civil libertarians are no more than liberals who pay lip service to free markets.
Mar '11
Re: FLA Gov. Rick Scott Signs Legislation Requiring Drug Screening for Welfare Beneficiaries
Nyadnar17
Really doubt you are going to see any Civil libertarians joining the fight on this one, likewise I don't see what Unions have to gain by spending political capital fighting this. I would imagine this thing goes through pretty much as is. · Jun 1 at 1:15pm
Sorry. I can't agree. This is mother's milk to a civil libertarian and there are plenty of other "advocacy" groups ready to play the union role in fighting implementation of the plan. Does anyone know of a similar program elsewhere that's working?
Mar '11
Re: FLA Gov. Rick Scott Signs Legislation Requiring Drug Screening for Welfare Beneficiaries
In the 1600s, English Poor Laws found it useful to distinguish between the “worthy” and “undeserving” poor. It remains a useful distinction. Gov. Scott’s support of drug testing of welfare recipients is a simple recognition of that fact. It’s likely to save the taxpayers some money and perhaps persuade some applicants on the margin to get clean.
The criticisms of the welfare lobby are predictable and familiar. When Mayor Giuliani instituted a fingerprint check requirement for welfare recipients in NYC in the 90s, there were similar complaints. The result was that about one-third of recipients simply disappeared. Some were the subjects of outstanding bench warrants and others were presumably on the dole under multiple names or in multiple jurisdictions.
Re: FLA Gov. Rick Scott Signs Legislation Requiring Drug Screening for Welfare Beneficiaries
What I find so outrageous about people like Alcee Hastings and Corrine Brown is their alleged care and compassion for the poor. But these are exactly the type of people who opposed Florida's welfare reform back in the '90s, which turned out to be a resounding success and really helped the vast majority of the poor go on to lead productive lives. But you'll never get any acknowledgement from them that they were wrong and that the reforms worked. Their actions sure suggest that they have nothing but contempt for the poor, and would rather the poor stay that way.
Re: FLA Gov. Rick Scott Signs Legislation Requiring Drug Screening for Welfare Beneficiaries
As off the wall as Alcee can be, he may be stumbling onto a legitimate constitutional point.
Equal protection.
Under equal protection can we single out one program of government largess for drug screening and not other programs?
Tell me the reason to deny TANF benefits for drug use, but allow a drug addict to get Medicaid.
Should we not then drug test farm subsidy recipients? Corporate bailout recipients?
What public interest is there in finding out the drug use of TANF recipients and not finding out about the drug use of other welfare recipients?
May '10
Re: FLA Gov. Rick Scott Signs Legislation Requiring Drug Screening for Welfare Beneficiaries
Just wait, Tommy. Some day, as you are about to post brilliant prose, Queen Claire will insist that you pee in the cup (with an adequate ricochet off the side) before you can blog.
Nov '10
Re: FLA Gov. Rick Scott Signs Legislation Requiring Drug Screening for Welfare Beneficiaries
Diane Ellis, Ed.:
Applicants who test positive for drug use will not qualify for assistance.
And not a moment too soon, thank you, Governor Scott.
Tommy De Seno:
Tell me the reason to deny TANF benefits for drug use, but allow a drug addict to get Medicaid.
Very interesting idea, but suppose we'll need to take it one step at a time. At least the "push back" against unearned entitlements has begun.
Re: FLA Gov. Rick Scott Signs Legislation Requiring Drug Screening for Welfare Beneficiaries
EJHill
Just wait, Tommy. Some day, as you are about to post brilliant prose, Queen Claire will insist that you pee in the cup (with an adequate ricochet off the side) before you can blog. · Jun 1 at 1:57pm
She already made me do that. I'm still here.
Apr '11
Re: FLA Gov. Rick Scott Signs Legislation Requiring Drug Screening for Welfare Beneficiaries
Tommy De Seno: As off the wall as Alcee can be, he may be stumbling onto a legitimate constitutional point....
What public interest is there in finding out the drug use of TANF recipients and not finding out about the drug use of other welfare recipients? · Jun 1 at 1:49pm
Leaving aside the misplacement of an "equal protection" claim, drug use and purchasing can be directly connected with personal welfare claims and payments. That isn't the case with, say, farm subsidies [what is Cargill smoking?], which are directly connected to coercive government regulation and interference in the market.
Edited on Jun 1, 2011 at 6:57pmRe: FLA Gov. Rick Scott Signs Legislation Requiring Drug Screening for Welfare Beneficiaries
grendel
Tommy De Seno: As off the wall as Alcee can be, he may be stumbling onto a legitimate constitutional point....
What public interest is there in finding out the drug use of TANF recipients and not finding out about the drug use of other welfare recipients? · Jun 1 at 1:49pm
Leaving aside the misplacement of an "equal protection" claim, drug use and purchasing can be directly connected with personal welfare claims and payments. That isn't the case with, say, farm subsidies [what is Cargill smoking?], which are directly connected to coersive government regulation and interference in the market. · Jun 1 at 2:10pm
Is it not the case with Medicaid claims?
Edited on Jun 1, 2011 at 2:15pmJul '10
Re: FLA Gov. Rick Scott Signs Legislation Requiring Drug Screening for Welfare Beneficiaries
Tommy De Seno: As off the wall as Alcee can be, he may be stumbling onto a legitimate constitutional point.
Equal protection.
Under equal protection can we single out one program of government largess for drug screening and not other programs?
Tell me the reason to deny TANF benefits for drug use, but allow a drug addict to get Medicaid.
Should we not then drug test farm subsidy recipients? Corporate bailout recipients?
What public interest is there in finding out the drug use of TANF recipients and not finding out about the drug use of other welfare recipients? · Jun 1 at 1:49pm
I certainly don't know the case law, but it seems to me that this is a frivolous claim. All dopehead citizens would be equally eligible to receive Medicaid, and equally barred from welfare.
As I said, I don't know the law, and I suspect that there are many rulings which have turned the 14th Amendment's purpose inside out. But I think a fair reading supports my contention.
Edited on Jun 1, 2011 at 2:51pmApr '11
Re: FLA Gov. Rick Scott Signs Legislation Requiring Drug Screening for Welfare Beneficiaries
Tommy De Seno
grendel
Tommy De Seno:
What public interest is there in finding out the drug use of TANF recipients and not finding out about the drug use of other welfare recipients? · Jun 1 at 1:49pm
Leaving aside the misplacement of an "equal protection" claim, drug use and purchasing can be directly connected with personal welfare claims and payments. That isn't the case with, say, farm subsidies [what is Cargill smoking?], which are directly connected to coercive government regulation and interference in the market. · Jun 1 at 2:10pm
Is it not the case with Medicaid claims? · Jun 1 at 2:15pm
Edited on Jun 01 at 02:15 pm
One's need for TANF may be the result of bad luck or of bad life-style choices. The law is an oblique attempt to recognize the latter case and assign responsibility. Perhaps that is also the case with Medicaid. Alcee Hastings certainly expects the argument to go there. If it does, what is the problem?
I'm surprised that the cigarette banners and fat haters haven't already tried to work a healthy lifestyle into the Medicaid regulations, for other peoples' good.
Edited on Jun 1, 2011 at 7:17pm