Florida is known as the Sunshine State.  It has lots of sunny beaches and beautiful waterways and now it has a new controversial law.  Florida State Law HB 353 was signed into law by Governor Rick Scott on May 31, 2011 after approximately five months in the legislature.  HB 353 requires Florida welfare recipients and applicants to undergo drug testing at their own expense in order to receive their benefits.  If they pass the drug screening, they will be reimbursed for the expense of the test.  If they fail their drug screening then they will be ineligible to receive benefits for up to one year or until they complete a drug treatment program.  If the recipient is found in violation of a second drug screening then there will be a three year ban on receiving any assistance from the state.

The law is expected to become effective on July 1, 2011.  Since there are a lot of single mothers who are on welfare in Florida and they are considered to be the head of household there have been measures put in place to protect the children of these recipients should they test positive.  So that the eligibility of the children is not affected the law stipulates that a third party, or protective payee, can receive the benefits for the children to assure that their assistance is not interrupted provided the third party passes a drug screen also.

The governor and the Republican controlled legislature argue that this law will prevent taxpayer money to be used to fuel a drug habit while opponents of the new law, including the ACLU argue that this is a violation of invasion of privacy laws.  The ACLU has argued that a similar law enacted in Michigan was overturned by the federal courts in 2003 for violating the Fourth Amendment right to illegal searches and seizures.