MIAMI — Ushered in amid promises that it would save taxpayers money and deter drug users, a Florida law requiring drug tests for people who seek welfare benefits resulted in no direct savings, snared few drug users and had no effect on the number of applications, according to recently released state data.
“Many states are considering following Florida’s example, and the new data from the state shows they shouldn’t,” said Derek Newton, communications director for the American Civil Liberties Union of Florida, which sued the state last year to stop the testing and recently obtained the documents. “Not only is it unconstitutional and an invasion of privacy, but it doesn’t save money, as was proposed.”
This week, Georgia instituted a nearly identical law, with supporters saying it would foster greater personal responsibility and save money. As in Florida, the law is expected to draw a legal challenge. The Southern Center for Human Rights, based in Atlanta, said it expected to file a lawsuit once the law takes effect in the next several months. A number of other states are considering similar bills.
The Florida civil liberties group sued the state last year, arguing that the law constituted an “unreasonable search” by the government, a violation of the Fourth Amendment. In issuing a temporary injunction in October, Judge Mary S. Scriven of Federal District Court scolded lawmakers and said the law “appears likely to be deemed a constitutional infringement.”
From July through October in Florida — the four months when testing took place before Judge Scriven’s order — 2.6 percent of the state’s cash assistance applicants failed the drug test, or 108 of 4,086, according to the figures from the state obtained by the group. The most common reason was marijuana use. An additional 40 people canceled the tests without taking them.
Because the Florida law requires that applicants who pass the test be reimbursed for the cost, an average of $30, the cost to the state was $118,140. This is more than would have been paid out in benefits to the people who failed the test, Mr. Newton said.
As a result, the testing cost the government an extra $45,780, he said.
And the testing did not have the effect some predicted. An internal document about Temporary Assistance for Needy Families, or TANF, caseloads stated that the drug testing policy, at least from July through September, did not lead to fewer cases.
“We saw no dampening effect on the caseload,” the document said.
But supporters of the law said four months of numbers did little to discredit an effort they said was based on common sense. Drug users, no matter their numbers, should not be allowed to use taxpayer money, they said.
“We had to stop allowing tax dollars for anybody to buy drugs with,” said State Representative Jimmie T. Smith, a Republican who sponsored the bill last year. Taxpayer savings also come in deterring those drug users who would otherwise apply for cash assistance but now think twice because of the law, some argued.
Chris Cinquemani, the vice president of the Foundation for Government Accountability, a Florida-based public policy group that advocates drug testing and recently made a presentation in Georgia, said more than saving money was at stake.
“The drug testing law was really meant to make sure that kids were protected,” he said, “that our money wasn’t going to addicts, that taxpayer generosity was being used on diapers and Wheaties and food and clothing.”
Florida’s governor, Rick Scott, who supported the measure last year, agreed.
“Governor Scott maintains his position that TANF dollars must be spent on TANF’s purposes — protecting children and getting people back to work,” said Jackie Schutz, the governor’s deputy press secretary.
Last month, Mr. Scott signed into law another drug testing measure, this one permitting state agencies to randomly test up to 10 percent of their employees. The tests can be conducted every 90 days and agencies can fire or discipline employees if they test positive for drugs.
The law, which the civil liberties group said it believes is unconstitutional, takes effect in July. The courts have largely upheld drug testing for workers with public safety jobs.
Florida didn’t save money by drug testing welfare recipients, data shows
By Brittany Alana Davis, Times/Herald Tallahassee Bureau
Published Wednesday, April 18, 2012
TALLAHASSEE — Required drug tests for people seeking welfare benefits ended up costing taxpayers more than it saved and failed to curb the number of prospective applicants, data used against the state in an ongoing legal battle shows.
The findings — that only 108 of the 4,086 people who took a drug test failed — are additional ammunition for the American Civil Liberties Union of Florida, which sued the state and won a temporary ban on the drug-testing program in October, said ACLU spokesman Derek Newton.
Attorneys for the state immediately appealed the ban, and will face off against the ACLU again at the 11th Circuit Court in Atlanta and the U.S. District Court in Orlando in coming months.
The costs and benefits of the law — and the outcome of the court case — could reverberate nationwide. This week, Georgia passed its own drug welfare law.
Since Gov. Rick Scott signed the bill into law last year, 25 states have considered similar legislation, Newton said.
Data about the law’s cost may impact the court of public opinion, but Jenn Meale, a spokeswoman for the attorney general’s office, said it won’t play a role in the legal proceedings.
That’s because ACLU’s case rests on whether the law violates the Fourth Amendment, which protects citizens against “unreasonable searches” by the government.
“Any costs associated with the program are irrelevant to the analysis of whether the statute is constitutional,” Meale said.
Of the 4,086 applicants who scheduled drug tests while the law was enforced, 108 people, or 2.6 percent, failed, most often testing positive for marijuana. About 40 people scheduled tests but canceled them, according to the Department of Children and Families, which oversees Temporary Assistance for Needy Families, known as the TANF program.
The numbers, confirming previous estimates, show that taxpayers spent $118,140 to reimburse people for drug test costs, at an average of $35 per screening.
The state’s net loss? $45,780.
“That’s not counting attorneys and court fees and the thousands of hours of staff time it took to implement this policy,” Newton said.
The law also didn’t impact the number of people who applied for benefits.
The findings don’t ruffle supporters of the law, who say that its primary purpose is to make sure taxpayer money doesn’t supplement drug use.
“It’s not about money, it’s about the drug issue,” said Rep. Jimmie Smith, R-Lecanto, who sponsored the legislation. “It’s about using every tool we have in the toolbox to fight drugs.”
Jackie Schutz, a spokeswoman for the governor’s office, said the governor agreed: The drug welfare law is about protecting children and getting parents back to work.
“It is important to ensure that people who receive TANF dollars use the cash assistance appropriately and not spend it on illegal drugs,” she said.
Smith said he believes the law helps keep people off drugs and that there’s undocumented savings in the form of less prison costs and fewer broken families.
He sponsored another bill in 2012, recently signed into law by Scott, to allow state agencies to drug test their employees and fire those who test positive.
That law is also expected to cost money and to yield lawsuits.
Brittany Alana Davis can be reached at bdavis@tampabay.com.
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Florida’s welfare drug tests cost more money than state saves, data shows
Brittany Alana Davis
The Miami Herald
Required drug tests for people seeking welfare benefits ended up costing taxpayers more than it saved and failed to curb the number of prospective applicants, data used against the state in an ongoing legal battle shows.The findings — that only 108 of the 4,086 people who took a drug test failed — are additional ammunition for the American Civil Liberties Union of Florida, which sued the state and won a temporary ban on the drug-testing program in October, said ACLU spokesman Derek Newton.Attorneys for the state immediately appealed the ban, and will face off against the ACLU again at the 11th Circuit Court in Atlanta and the U.S. District Court in Orlando in coming months.
The costs and benefits of the law — and the outcome of the court case — could reverberate nationwide. This week, Georgia passed its own drug welfare law.
Since Gov. Rick Scott signed the bill into law last year, 25 states have considered similar legislation, Newton said.
Data about the law’s cost may impact the court of public opinion, but Jenn Meale, a spokeswoman for the attorney general’s office, said it won’t play a role in the legal proceedings.
That’s because ACLU’s case rests on whether the law violates the Fourth Amendment, which protects citizens against “unreasonable searches” by the government.
“Any costs associated with the program are irrelevant to the analysis of whether the statute is constitutional,” Meale said.
Of the 4,086 applicants who scheduled drug tests while the law was enforced, 108 people, or 2.6 percent, failed, most often testing positive for marijuana. About 40 people scheduled tests but canceled them, according to the Department of Children and Families, which oversees Temporary Assistance for Needy Families, known as the TANF program.
The numbers, confirming previous estimates, show that taxpayers spent $118,140 to reimburse people for drug test costs, at an average of $35 per screening.
The state’s net loss? $45,780.
“That’s not counting attorneys and court fees and the thousands of hours of staff time it took to implement this policy,” Newton said.
The law also didn’t impact the number of people who applied for benefits.
The findings don’t ruffle supporters of the law, who say that its primary purpose is to make sure taxpayer money doesn’t supplement drug use.
“It’s not about money, it’s about the drug issue,” said Rep. Jimmie Smith, R-Lecanto, who sponsored the legislation. “It’s about using every tool we have in the toolbox to fight drugs.”
Jackie Schutz, a spokeswoman for the governor’s office, said the governor agreed: The drug welfare law is about protecting children and getting parents back to work.
“It is important to ensure that people who receive TANF dollars use the cash assistance appropriately and not spend it on illegal drugs,” she said.
Smith said he believes the law helps keep people off drugs and that there’s undocumented savings in the form of less prison costs and fewer broken families.
He sponsored another bill in 2012, recently signed into law by Scott, to allow state agencies to drug test their employees and fire those who test positive.
That law is also expected to cost money and to yield lawsuits.
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http://www.miamiherald.com/2012/04/20/v-print/2758871/floridas-welfare-drug-tests-cost.html
Drug Abuse Rate Lower Among Florida Welfare Recipients Than General Population | One Blue Stocking said
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Richard Erker said
Lets get real people. Unprescribed drugs are ILLEGAL. Thats the long and short of it. American workers are required a drug test go gain employment, why nopt welfare recipients to get their “PAY”?
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Warm Southern Breeze said
Hi Richard! Thanks for your readership, and your response. From the perspective of the obvious – as you suggest – it’s not as if no one realizes that illicit narcotics or use of medications not specifically prescribed for the one whom uses them is illegal. Indeed, it is a violation of Federal Law. Think about that next time you ever hear of someone taking medications squirreled away by their family, loved ones, or friends. Moreover, as the study revealed, “since early July, only 2 percent have tested positive for drugs,” which is “well below the national population’s average, and it’s so low that the testing plan—which was expected to cost $187 million by some analysts’ estimates—could end up costing taxpayers even more in the long run..” Now, we’re suddenly talking about something that’s actually COSTING the taxpayers! From an operational perspective, it would have been more wise to obtain a statistical random sample from throughout the state, and analyzed the data before
initiatingfoisting such an ill-conceived, and COSTLY plan upon the good taxpayers of Florida. Don’t you agree?LikeLike