DRUG FELON BILL ADVANCES IN HOUSE

By MICHAEL PELTIER
THE NEWS SERVICE OF FLORIDA

THE CAPITAL, TALLAHASSEE, February 21, 2012........A measure to require drug felons to undergo treatment before receiving temporary cash assistance passed a House hurdle Tuesday on a party-line vote.

Sponsored by Rep. Jimmie Smith, R-Inverness, the measure (HB 813) would allow felons who have not undergone treatment to designate someone else to collect funds from Temporary Aid to Needy Families, a federal program administered by the state. Following public testimony and debate, the bill passed 12-6.

"Sometimes all people need to do the right thing is a bit of encouragement," said Rep. Dennis Baxley, R-Ocala, who supported the measure, one of several recent efforts to keep federal tax dollars out of the hands of drug users.

The bill would require applicants who have been convicted of a felony drug possession or trafficking to certify that they had successfully completed an approved drug treatment program to be eligible for TANF benefits. Participation in Narcotics Anonymous and Alcoholics Anonymous, treatment programs widely accessed in prisons, would not qualify.

The bill would allow an applicant to designate someone else to collect the temporary cash relief, a safeguard supporters say ensures that needy family members, including children, will still receive benefits.

Critics countered that convicted drug felons do not always have a drug problem. They also noted that state-sponsored drug treatment programs, the types that would satisfy the requirement, have long waiting lists and could not be accessed immediately regardless of the applicants' need for assistance. In the end, they say the bill is supported not by data but by stereotypes.

"This bill presumes all poor people have a problem and use dollars in an inappropriate ways, especially those who have been convicted of a drug crime," said Mark Pafford, D-Lake Worth. "This is a mean-spirited bill."

Smith has spent the past two years sponsoring measures to require applicants for federal assistance to show some proof that the money is not going to pay for drugs. Last year, he successfully shepherded through the legislation a bill that requires all TANF applicants to agree to a drug test before receiving benefits. That law is being challenged in federal court in Orlando.

Smith has sponsored another bill (HB 1205) that would allow state agencies to randomly drug test all employees. The bill nearly died at its last committee stop, but remains in the mix.

"It's a no-brainer," said Rep. John Wood, R-Winter Haven. "We're setting an example on what we expect when we try to aid needy families. …. It's not mean-spirited, it's uplifting."

In other action Tuesday, the committee voted 13-5 in favor of a bill (HB 1401) to prevent food stamp debit cards from paying for alcohol and tobacco. The cards would also not work across state lines or in Internet cafes, pari-mutuels, card rooms and adult entertainment venues around Florida. Initially, the bill had tried to prevent usage for certain types of snack foods, but that provision was removed from the House bill earlier this month.