This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0409.CFS
DATE: 1/29/2024
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 409 Temporary Cash Assistance Eligibility
SPONSOR(S): Children, Families & Seniors Subcommittee, Bracy Davis and others
TIED BILLS: IDEN./SIM. BILLS: SB 776
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Children, Families & Seniors Subcommittee 14 Y, 0 N, As CS Osborne Brazzell
2) Health Care Appropriations Subcommittee
3) Health & Human Services Committee
SUMMARY ANALYSIS
Public assistance programs help low-income families meet their basic needs, such as housing, food, and
utilities. Two of the most commonly utilized public assistance programs in Florida are the Supplemental
Nutrition Assistance Program (SNAP) or food assistance, and the Temporary Assistance for Needy Families
(TANF) Temporary Cash Assistance (TCA) program. Both programs operate through federal and state level
coordination and administration.
Federal law prohibits TCA and food assistance eligibility for any individual with a felony drug conviction and
imposes a lifetime ban on such benefits, unless a state elects to opt out of the provision. Florida has opted out
of this federal provision, with one limitation. Florida has implemented a modified ban wherein an applicant may
not be denied benefits solely based on a felony drug conviction, unless the conviction is for drug trafficking.
Studies have shown that public assistance such as TANF and SNAP reduces recidivism, while banning
access to assistance has been linked to increased recidivism.
Human trafficking is a form of modern-day slavery involving the transporting, soliciting, recruiting, harboring,
providing, enticing, maintaining, or obtaining another person for the purpose of exploiting that person. Victims
of human trafficking are often subjected to force, fraud, or coercion for the purpose of sexual exploitation or
forced labor. Victims of human trafficking often do not trust the police and rarely seek their assistance. When
victims of human trafficking do interact with the criminal justice system, they are often perceived as criminals,
rather than victims. Trafficking victims are frequently compelled to break the law and may be arrested as a
result of that criminal act before they are recognized as a victim of trafficking.
CS/HB 409 leaves the existing prohibition against individuals with felony drug trafficking convictions receiving
TCA and SNAP assistance intact, but creates an exemption for victims of human trafficking. Under the bill,
TCA and food assistance benefits may not be denied to an individual solely on the basis of a drug trafficking
conviction if DCF has determined the individual to be a victim of human trafficking.
The bill has an indeterminant, negative fiscal impact on state government, and no fiscal impact on local
government.
The bill provides an effective date of July 1, 2024. STORAGE NAME: h0409.CFS PAGE: 2
DATE: 1/29/2024
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Public assistance programs help low-income families meet their basic needs, such as housing, food,
and utilities.
1
The social safety net for American families depends on the coordination of a complex
patchwork of federal, state, and local funding and program administration.
2
Through various programs,
public assistance is capable of helping families to keep children in their family home through economic
difficulties
3
and reducing the material hardship that has been linked to negative outcomes in children;
4
as well as driving the economy in times of market downturns
5
and supporting the career advancement
of low-income adults striving to break the cycle of intergenerational poverty.
6
Two of the most commonly utilized public assistance programs in Florida are the Supplemental
Nutrition Assistance Program (SNAP) or food assistance, and the Temporary Assistance for Needy
Families (TANF) Temporary Cash Assistance (TCA) program.
7
Temporary Assistance for Needy Families (TANF)
The Temporary Assistance for Needy Families (TANF) system was established at the federal level in
1996 through the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of
1996.
8
PRWORA ended the Aid to Families with Dependent Children (AFDC) program, a federal
program which provided dedicated funding for cash assistance to needy families with children, and
alternatively created the broad-purpose TANF block grant.
9
TANF became effective July 1, 1997, and
was reauthorized by the Deficit Reduction Act of 2005.
Temporary Cash Assistance (TCA)
1
National Conference of State Legislatures, Introduction to Benefits Cliffs and Public Assistance Programs (2023). Available at
https://www.ncsl.org/human-services/introduction-to-benefits-cliffs-and-public-assistance-programs (last visited January 17, 2024).
2
Brookings Institute, State Social Safety Net Policy: How are States Addressing Economic Need? (2023). Available at
https://www.brookings.edu/events/state-social-safety-net-policy-how-are-states-addressing-economic-need/ (last visited January 17,
2024).
3
Providing assistance to needy families so that children can be cared for in their own homes is one of the four purposes of the TANF
program. See, Office of Family Assistance, About TANF (2022). Available at https://www.acf.hhs.gov/ofa/programs/tanf/about (last
visited January 17, 2024). See also, Gennetian, L. & Magnuson, K., Three Reasons Why Providing Cash to Families with Children is a
Sound Policy Investment (2022). Center on Budget and Policy Priorities. Available at https://www.cbpp.org/research/income-
security/three-reasons-why-providing-cash-to-families-with-children-is-a-sound (last visited January 17, 2024).
4
Karpman, M., Gonzalez, D., Zuckerman, S., & Adams, G., What Explains the Widespread Material Hardships among Low-Income
Families with Children? (2018). Urban Institute. Available at
https://www.urban.org/sites/default/files/publication/99521/what_explains_the_widespread_material_hardship_among_low-
income_families_with_children_0.pdf (last visited January 17, 2024).
5
Vogel, S., Miller, C., & Ralston, K, Impact of USDA's Supplemental Nutrition Assistance Program (SNAP) on Rural and Urban
Economies in the Aftermath of the Great Recession (2021). USDA, Economic Research Service Economic Research Report Number
296. Available at https://ssrn.com/abstract=3938336 (last visited January 17, 2024).
6
Duncan, G. & Holzer, H, Policies that Reduce Intergenerational Poverty (2023). The Brookings Institute. Available at
https://www.brookings.edu/articles/policies-that-reduce-intergenerational-poverty/ (last visited January 17, 2024).
7
Office of Program Policy Analysis and Government Accountability (OPPAGA). Research Memorandum: Economic Self-Sufficiency,
Research Product 10. On file with the Children, Families & Seniors Subcommittee.
8
Center on Budget and Policy Priorities. Policy Basics: Temporary Assistance for Needy Families (2022). Available at
https://www.cbpp.org/research/family-income-support/policy-basics-an-introduction-to-tanf (last visited January 24, 2024). See also, US
Department of Health & Human Services, Office of Family Assistance, Major Provisions of the Welfare Law (1997). Available at
https://www.acf.hhs.gov/ofa/policy-guidance/major-provisions-welfare-law (last visited January 24, 2024), for more information on
PRWORA.
9
Congressional Research Service. Temporary Assistance for Needy Families: The Decline in Assistance Receipt Among Eligible
Individuals (2023). Available at https://crsreports.congress.gov/product/pdf/R/R47503 (last visited January 24, 2024). STORAGE NAME: h0409.CFS PAGE: 3
DATE: 1/29/2024
Direct cash assistance to needy families is the foundation of public welfare in the US.
10
Prior to the
establishment of TANF in 1996, direct cash assistance to needy families was the primary method of
providing support to low-income families with children. Since the transition to the TANF block grant
system, the number of families receiving direct cash assistance has waned significantly, even among
eligible populations, and the majority of TANF funds are allocated for indirect methods of assisting
families.
11
The Temporary Cash Assistance (TCA) Program is Florida’s direct cash assistance program for needy
families. The TCA program is one of several Florida programs funded with the TANF block grant.
Through the TCA program, families who meet specific technical, income, and asset requirements
12
may
receive cash assistance in the form of monthly payments deposited into an electronic benefits transfer
(EBT) account.
13
TCA is administered by several state agencies through a series of contracts and memoranda of
understanding. The Department of Children and Families (DCF) receives the federal TANF block grant
funds, processes applications, determines initial eligibility, monitors ongoing eligibility, and disburses
benefits to recipients. The Department of Commerce
14
(Florida Commerce) is responsible for financial
and performance reporting to ensure compliance with federal and state measures and for providing
training and technical assistance to Local Workforce Development Boards (LWDBs). LWDBs provide
information about available jobs, on-the-job training, and education and training services within their
respective areas and contract with one-stop career centers.
15
CareerSource Florida has planning and
oversight responsibilities for all workforce-related programs and contracts with the LWDBs on a
performance-basis.
16
The number of families receiving TCA dramatically increased during the COVID-19 pandemic, peaking
at more than 50,000 families receiving TCA payments in July of 2020.
17
While TCA caseloads have not
yet returned to pre-pandemic levels, they have decreased steadily since July 2020. In November 2023,
34,015 families, including 44,309 children, received TCA.
18
TCA Eligibility
10
Public cash assistance to needy families has its origin in the early 1900s; state and local entities financed “mother’s pension”
programs that provided support to single, often widowed, mothers so that children could be raised in their family homes rather than be
institutionalized. See, Congressional Research Service, The Temporary Assistance for Needy Families (TANF) Block Grant: A
Legislative History (2023). Available at https://crsreports.congress.gov/product/pdf/R/R44668 (last visited January 24, 2024).
11
Supra, note 9.
12
Children must be under the age of 18, or under age 19 if they are full time secondary school students. Parents, children and minor
siblings who live together must apply together. Additionally, pregnant women may also receive TCA, either in the third trimester of
pregnancy if unable to work, or in the 9th month of pregnancy. See, Florida Department of Children and Families, Temporary Cash
Assistance (TCA). Available at https://www.myflfamilies.com/services/public-assistance/temporary-cash-assistance (last visited January
14, 2024).
13
Florida Department of Children and Families. Temporary Cash Assistance Fact Sheet (2019). Available at
https://www.myflfamilies.com/sites/default/files/2022-10/tcafactsheet_0.pdf (last visited January 10, 2024).
14
The Department of Commerce, formerly known as the Department of Economic Opportunity, was renamed as such in the 2023
Legislative session. See, Governor DeSantis Signs Legislation to Streamline Economic Development in Florida (2023). Available at
https://www.flgov.com/2023/05/31/governor-desantis-signs-legislation-to-streamline-economic-development-in-florida/ (last visited
January 24, 2024).
15
Florida Department of Commerce, CareerSource Florida, Workforce Innovation and Opportunity Act Annual Statewide Performance
Report (2023). Available at https://careersourceflorida.com/wp-content/uploads/2023/12/2022-23-WIOA-Annual-Performance-
Report.pdf (last visited January 20, 2024).
16
Id.
17
Florida Department of Children and Families. ESS Standard Reports: Caseload Report. Available at
https://www.myflfamilies.com/services/public-assistance/additional-resources-and-services/ess-standard (last visited January 5, 2024)
18
Florida Department of Children and Families. ESS Standard Reports: Flash Points. Available at
https://www.myflfamilies.com/services/public-assistance/additional-resources-and-services/ess-standard (last visited January 5, 2024). STORAGE NAME: h0409.CFS PAGE: 4
DATE: 1/29/2024
States have broad discretion in determining who is eligible for cash assistance. Florida’s TCA program
requires applicants to meet all of the following criteria to be eligible:
19
Be a U.S. citizen or qualified noncitizen;
20
Be a legal resident of Florida;
Have a minor child residing with a custodial parent or relative caregiver, or be a pregnant
woman in the 9
th
month of pregnancy;
Have a gross income of 185 percent or less of the federal poverty level;
21
Have liquid or nonliquid resources, of all members of the family, valued at less than $2,000.
22
Register for work with the Local Workforce Development Board (LWDB), unless an applicant
qualifies for an exemption.
Florida imposes a lifetime limit of 48 cumulative months for an adult to be eligible for and receive cash
assistance. Current law outlines specific, limited circumstances under which a person may be exempt
from the time limitation;
23
however, most households receive TCA for fewer than six months.
24
TCA Work Requirements
To be eligible for full-family TCA, work-eligible adult family members must participate in work activities
in accordance with s. 445.024, F.S., unless they qualify for an exemption.
25
Individuals who fail to
comply with the work requirements may be sanctioned.
26
Individuals are required to participate in work
activities for the maximum number of hours allowable under federal law.
27
The number of required
work or activities hours is determined by calculating the value of the cash benefits and then dividing
that number by the hourly minimum wage amount.
Work Participation Requirements
28
Family Composition Required Work Participation Hours
Single parent with a child under age 6 20 hours weekly of core work activities
Single parent with a child over 6, or two- 30 hours weekly with at least 20 hours of
19
Florida Department of Children and Families. Temporary Assistance for Needy Families – State Plan Renewal, October 1, 2020 –
September 30, 2023. Available at https://www.myflfamilies.com/sites/default/files/2022-10/TANF-Plan.pdf (last visited January 5, 2024).
20
S. 414.095(3), F.S. A qualified noncitizen includes an individual who is admitted to the United States as a refugee or who is granted
asylum, a Cuban or Haitian entrant, or a noncitizen who has been admitted as a permanent resident. It also includes an individual who,
or an individual whose child or parent, has been battered or subject to extreme cruelty in the United States by a spouse, a parent, or
other household member, and has applied for or received protection under the federal Violence Against Women Act, if certain criteria
are met.
21
Gross income cannot exceed 185% FPL, and a family’s countable income cannot exceed the payment standard for the family size.
There is a $90 deduction on earned income per individual. See, Florida Department of Children and Families, Temporary Cash
Assistance (TCA). Available at https://www.myflfamilies.com/services/public-assistance/temporary-cash-assistance (last visited January
22, 2024). For 2024, 185% FPL for a family of four is $57,720; See, US Department of Health and Human Services, Poverty Guidelines
(2024). Available at https://aspe.hhs.gov/topics/poverty-economic-mobility/poverty-guidelines (last visited January 23, 2024).
22
Licensed vehicles with a combined value of not more than $8,500 are excluded if a family includes individuals subject to the work
requirement, or if the vehicle is necessary to transport a disabled family member and the vehicle has been specially equipped to
transport the disabled person. See, s. 414.075, F.S.
23
S. 414.105, F.S.
24
CareerSource Florida, Temporary Assistance for Needy Families (TANF) Transitional Benefits Feasibility Study. (2023). On file with
the Children, Families & Seniors Subcommittee.
25
S. 414.095(1), F.S. A person may be exempt from the work requirement if they receive benefits under the Supplemental Security
Income Program or the Security Disability Program, is a single parent of a child under three months of age (parenting preparation
activities may be alternatively required), is exempt from the TCA time limitation due to hardship, or not considered work-eligible under
federal policy. See also, Florida Department of Children and Families. Temporary Assistance for Needy Families – State Plan Renewal,
October 1, 2020 – September 30, 2023. Available at https://www.myflfamilies.com/sites/default/files/2022-10/TANF-Plan.pdf (last visited
January 5, 2024).
26
S. 414.065, F.S.
27
S. 445.024(2), F.S.
28
Department of Children and Families, Temporary Assistance for Needy Families (TANF): An Overview of Program Requirements
(2016). On file with the Children, Families & Seniors Subcommittee. STORAGE NAME: h0409.CFS PAGE: 5
DATE: 1/29/2024
parent families where one parent is disabled core work activities
Married teen or teen head of household
under age 20
Maintains satisfactory attendance at
secondary school or the equivalent, or
participates in education related directly to
employment for at least 20 hours weekly
Two-parent families who do not receive
subsidized child care
35 hours weekly with at least 30 hours of
core work activities, combined between both
parents
Two-parent families who receive subsidized
child care
55 hours weekly with at least 50 hours in core
activities, combined between both parents
Pursuant to federal rule
29
and state law,
30
there are 12 distinct types of work activities which can be
used to satisfy a TCA recipient’s work requirement.
31
The recognized work activities count toward a
TCA participant’s work requirement differently dependent on personal and family characteristics. Not
every TCA participant may use each activity to satisfy the entirety of their work requirement. The list of
recognized work activities include:
Unsubsidized employment.
Subsidized private sector employment.
Subsidized public sector employment.
On-the-job training.
Community service programs.
Work experience.
Job search and job readiness assistance.
Vocational educational training.
Job skills training directly related to employment.
Education directly related to employment.
Attendance at school or course of study for graduate equivalency diploma.
Providing child care services.
32
TCA recipients who fail to comply with work requirements may be sanctioned by the LWDBs. Sanctions
result in cash assistance being withheld for a specified period of time, the length of which increases
with repeated lack of compliance. Consequences for failure to participate in work activities include:
33
1st penalty: Cash assistance is terminated for entire family for a minimum of 10-days or until the
individual who failed to comply does so, whichever is later.
2nd penalty: Cash assistance is terminated for entire family for one-month or
until the individual who failed to comply does so, whichever is later.
3rd penalty: Cash assistance is terminated for entire family for three-months or
until the individual who failed to comply does so, whichever is later.
Supplemental Nutrition Assistance Program (SNAP)
The Food and Nutrition Service (FNS), under the U.S. Department of Agriculture (USDA), administers
the Supplemental Nutrition Assistance Program (SNAP).
34
SNAP is the nation’s largest domestic food
29
45 C.F.R. § 261.30
30
S. 445.024, F.S.
31
45 CFR 261.30; S. 445.024(1), F.S.; See also, Florida Department of Children and Families, Temporary Assistance for Needy
Families (TANF) – An Overview of Program Requirements (2016). Available at https://www.myflfamilies.com/sites/default/files/2022-
10/TANF%20101%20final_1.pdf (last visited January 6, 2024).
32
S. 445.024(1)(a)-(l), F.S.
33
S. 414.065, F.S.
34
The Food Stamp Program (FSP) originated in 1939 as a pilot program for certain individuals to buy stamps equal to their normal food
expenditures: for every $1 of orange stamps purchased, people received 50 cents worth of blue stamps, which could be used to buy
surplus food. The FSP expanded nationwide in 1974. Under the federal welfare reform legislation of 1996, Congress enacted major
changes to the FSP, including limiting eligibility for certain adults who did not meet work requirements. The Food and Nutrition Act of
2008 renamed the FSP the Supplemental Nutrition Assistance Program (SNAP) and implemented priorities to strengthen program STORAGE NAME: h0409.CFS PAGE: 6
DATE: 1/29/2024
and nutrition program for low-income Americans, offering nutritional assistance to millions of individuals
and families each year through the provision of funds that can be used to purchase eligible foods.
35
In
fiscal year 2020, SNAP provided assistance to approximately 39.9 million people living in 20.5 million
households across the US.
36
SNAP benefits support individual households by reducing the effects of
poverty and increasing food security while supporting economic activity across communities, as SNAP
benefits directly benefit farmers, retailers, food processors and distributors, and their employees.
37
SNAP is administered at the state level in Florida by DCF.
38
DCF determines and monitors eligibility
and disburses benefits to SNAP participants. The state and federal governments share the
administrative costs of the program, while the federal government funds 100 percent of the benefit
amount received by participants.
39
Federal laws, regulations, and waivers provide states with various
policy options to better target benefits to those most in need, streamline program administration and
field operations, and coordinate SNAP activities with those of other programs.
40
The amount of benefits, or allotment, for which a household qualifies depends on the number of
individuals in the household and the household’s net income. To calculate a household’s allotment,
30% of its net income is subtracted from the maximum allotment for that household size.
41
This is
because SNAP households are expected to spend about 30% of their own resources on food.
42
As of
October 2023, 3,3112,411 Floridians are participating in SNAP.
43
SNAP Eligibility & Work Requirements
To be eligible for SNAP, households must meet the following criteria: (1) gross monthly income must be
at or below 200 percent of the poverty level; (2) net income must be equal to or less than the poverty
level; and (3) assets must be below the limits set based on household composition.
44
Individuals may be deemed ineligible for SNAP due to any of the following:
45
integrity; simplify program administration; maintain states’ flexibility in how they administer their programs; and improve access to
SNAP. See, US Department of Agriculture, Food and Nutrition Service, Short History of SNAP. Available at
https://www.fns.usda.gov/snap/short-history-snap (last visited January 24, 2024).
35
US Department of Agriculture, Economic Research Service, Supplemental Nutrition Assistance Program (SNAP) Overview. Available
at https://www.ers.usda.gov/topics/food-nutrition-assistance/supplemental-nutrition-assistance-program-snap/ (last visited January 24,
2024).
36
US Department of Agriculture, Food and Nutrition Service, Characteristics of SNAP Households: FY 2020 and Early Months of the
COVID-19 Pandemic: Characteristics of SNAP Households. Available at https://www.fns.usda.gov/snap/characteristics-snap-
households-fy-2020-and-early-months-covid-19-pandemic-characteristics (last visited January 25, 2024).
37
US Department of Agriculture, Economic Research Service, Supplemental Nutrition Assistance Program (SNAP) Economic Linkages.
Available at https://www.ers.usda.gov/topics/food-nutrition-assistance/supplemental-nutrition-assistance-program-snap/economic-
linkages/ (last visited January 24, 2024).
38
S. 414.31, F.S.
39
Center on Budget and Policy Priorities, Policy Basics: The Supplemental Nutrition Assistance Program (SNAP). Available at
https://www.cbpp.org/research/food-assistance/the-supplemental-nutrition-assistance-program-
snap#:~:text=The%20federal%20government%20pays%20the,the%20states%2C%20which%20operate%20it . (last visited January 25,
2024).
40
US Department of Agriculture, Food and Nutrition Service, State Options Report. Available at
https://www.fns.usda.gov/snap/waivers/state-options-report (last visited January 25, 2024).
41
U.S. Department of Agriculture Food and Nutrition Service, SNAP Eligibility. Available at
https://www.fns.usda.gov/snap/recipient/eligibility (last visited January 25, 2024).
42
Id.
43
US Department of Agriculture, Food and Nutrition Service, Supplemental Nutrition Assistance Program: Number of Persons
Participating (2024). Available at https://fns-prod.azureedge.us/sites/default/files/resource-files/snap-persons-1.pdf (last visited January
25, 2024).
44
Florida Department of Children and Families, SNAP Eligibility. Available at https://www.myflfamilies.com/services/public-
assistance/supplemental-nutrition-assistance-program-snap/snap-eligibility (last visited January 16, 2024). See also, s. 414.32, F.S.
45
Id. See also, s. 414.32, F.S. STORAGE NAME: h0409.CFS PAGE: 7
DATE: 1/29/2024
Conviction of drug trafficking;
Fleeing a felony warrant;
Breaking SNAP or TANF program rules;
Failure to cooperate with the child support enforcement agency; or
Being a noncitizen without qualified status.
Able-bodied, non-elderly adults are generally required to participate in work activities in order to be
eligible for SNAP. Federal policy outlines two tiers of work requirements for SNAP recipients: the
general work requirement and the Able-Bodied Adult Without Dependents (ABAWD) work requirement.
The general work requirement applies to all recipients between 16 and 59 years of age, unless they
qualify for an exemption. The general work requirements include requiring a recipient register for work,
participating in SNAP Employment and Training (E&T) or workfare if assigned, taking a suitable job if
offered, and not voluntarily quitting a job or reducing work hours below 30 a week without a good
reason.
46
Individuals are exempt from the general work requirements if they are:
47
Already working at least 30 hours a week (or earning wages at least equal to the federal
minimum wage multiplied by 30 hours);
Meeting work requirements for another program (TANF or unemployment compensation);
Taking care of a child under 6 or an incapacitated person;
Unable to work due to a physical or mental limitation;
Participating regularly in an alcohol or drug treatment program; or
Studying in school or a training program at least half-time (but college students are subject to
additional eligibility rules).
If an individual capable of meeting the general work requirements fails to do so, they are disqualified
from getting SNAP for at least a month and must start meeting the requirements to get SNAP again. If
the person gets back on SNAP and fails to meet the requirements again, they are disqualified for longer
than a month and could be permanently disqualified.
48
The ABAWD work requirement applies to Adults between 18 and 52 years of age, able-bodied, and
without dependents, unless otherwise exempt from the general work requirement.
49
ABAWDs are
required to work or participate in a qualifying work program for a combined total of at least 80 hours per
month. ABAWDs who fail to comply with the ABAWD work requirement for three months in a 36-month
period will lose their SNAP benefits.
50
Prohibition on Receiving TCA and Food Assistance - Felony Drug Convictions
Federal law prohibits TCA and food assistance eligibility for any individual with a felony drug conviction
and imposes a lifetime ban on such benefits, unless a state elects to opt out of the provision.
51
Florida
has opted out of this federal provision,
52
with one limitation. Florida has implemented a modified ban
wherein an applicant may not be denied benefits solely based on a felony drug conviction, unless the
46
US Department of Agriculture, Food and Nutrition Service, SNAP Work Requirements. Available at
https://www.fns.usda.gov/snap/work-requirements (last visited January 26, 2024).
47
Id.
48
Id.
49
Id. Adults who are unable to work due to a physical or mental limitation, are pregnant, have someone under 18 in their SNAP
household, are excused from the general work requirement, are a veteran, experiencing homelessness, or were in foster care on their
18
th
birthday and are under age 24 are exempt from the ABAWD requirements.
50
US Department of Agriculture, Food and Nutrition Service, Supplemental Nutrition Assistance Program (SNAP) ABAWD Policy Guide
(2023). Available at https://fns-prod.azureedge.us/sites/default/files/resource-files/SNAP-ABAWD-Policy-Guide-September-2023.pdf
(last visited January 26, 2024).
51
Pub. L. No. 104-193, s. 115.
52
S. 414.095(1), F.S. STORAGE NAME: h0409.CFS PAGE: 8
DATE: 1/29/2024
conviction is for drug trafficking,
53
including agreeing, conspiring, combining, or confederating with
another person to commit an act after August 22, 1996.
54
Under Florida law, drug trafficking is a first-degree felony punishable by up to 30 years of imprisonment
and—depending upon the drug type and amount trafficked—fines from $25,000 to $500,000.
55
During
the application process, individuals seeking public benefits self-attest if they have been convicted of
felony drug trafficking. This information is then confirmed by an eligibility specialist during the
applicant’s interview. If the illegal behavior that led to the conviction occurred on or before August 22,
1996, the disqualification does not apply regardless of the date of the conviction. If a court expunges
the felony drug trafficking conviction, the individual is not subject to the disqualification.
56
In Florida, while an individual is disqualified, his or her family may still apply for and receive benefits. In
such instances, the disqualified individual’s needs are excluded in calculating the family’s benefits,
although the individual’s income and assets are included in determining the household’s eligibility. This
means that while those with felony drug trafficking convictions may still apply for assistance for their
children, the overall household receives less support because of the current bans.
DCF reports that in the 2023 calendar year, 402 individuals were denied benefits due to a drug
trafficking conviction.
57
The number of people otherwise eligible who choose not to apply due to
disqualification due to a felony drug trafficking conviction is unknown.
Prohibition Policy by State
Many states have chosen to opt-out or implement a modified ban on the receipt of SNAP and TCA
benefits for individuals with felony drug convictions. Except for South Carolina, all other states and
Washington D.C., have chosen to modify or remove the ban for at least one of the two affected
programs.
58
As of April 2022, seven
59
states fully ban TANF benefits, including TCA, for individuals with prior felony
drug convictions; while 17
60
states, including Florida, have modified bans; and 26
61
states and
Washington D.C., have no bans. South Carolina is the only state with a full ban on SNAP benefits for
individuals with prior felony drug convictions. Florida is one of 21
62
states with modified bans, and 28
63
states and Washington D.C., have no ban for SNAP benefits.
Recidivism Studies
53
S. 414.095, F.S. Any person may be convicted of drug trafficking if they knowingly sell, purchase, manufacture, deliver, or bring into
this state specified illegal drugs, such as cannabis, morphine, cocaine, fentanyl, hydrocodone, oxycodone, or if they are knowingly in
actual or constructive possession of these drugs and the drugs are over a certain amount. S. 893.135, F.S., Drug trafficking also
includes those who agree, conspire, combine, or confederate with another person to commit the act.
54
See, DCF’s ESS Policy Manual 1420.2200, Individual Convicted of Felony Drug Trafficking (TCA). Available at
https://www.myflfamilies.com/sites/default/files/2023-02/1410.pdf (last visited January 25, 2024).
55
S. 893.135, F.S.
56
Supra, note 54.
57
Department of Children & Families, Agency Bill Analysis for HB 409 (2024). On file with the Children, Families & Seniors
Subcommittee.
58
The Center for Law and Social Policy, No More Double Punishments: Lifting the Ban on SNAP and TANF for People with Prior
Felony Drug Convictions (2022). Available at https://www.clasp.org/publications/report/brief/no-more-double-punishments/ (last visited
January 25, 2024).
59
Arizona, Georgia, Missouri, Nebraska, South Carolina, Texas, and West Virginia.
60
Alaska, Colorado, Connecticut, Florida, Hawaii, Idaho, Indiana, Iowa, Montana, Maryland, Massachusetts, Michigan, Minnesota,
North Carolina, Pennsylvania, Tennessee, and Utah.
61
Alabama, Arkansas, California, Delaware, District of Columbia, Illinois, Kansas, Kentucky, Louisiana, Maine, Mississippi, New
Hampshire, New Jersey, New Mexico, New York, Nevada, North Dakota, Ohio, Oklahoma, Oregon, Rhode Island, South Dakota,
Vermont, Virginia, Washington, Wisconsin, and Wyoming.
62
Alabama, Alaska, Arizona, Colorado, Connecticut, Florida, Georgia, Hawaii, Idaho, Indiana, Kansas, Maryland, Minnesota, Missouri,
Montana, Nebraska, North Carolina, Tennessee, Texas, West Virginia, and Wisconsin.
63
Arkansas, California, Delaware, District of Columbia, Illinois, Iowa, Kentucky, Louisiana, Maine, Michigan, Massachusetts,
Mississippi, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania,
Rhode Island, South Dakota, Utah, Vermont, Virginia, Washington, and Wyoming. STORAGE NAME: h0409.CFS PAGE: 9
DATE: 1/29/2024
Studies have shown that public assistance such as TANF and SNAP reduces recidivism, while
banning access to assistance has been linked to increased recidivism. The Bureau of Justice
Statistics reports that approximately 66 percent of state prisoners were rearrested within three years
of release, and 82 percent were arrested within 10 years.
64
Such odds of recidivating can be offset
through providing support; the barriers to re-entering society as productive members of society are
reduced when people are able to meet their basic needs. A Harvard Law School study found that
access to SNAP and TANF significantly reduced an individual’s risk of being reincarcerated by up to
10 percent within one year.
65
Additionally, a study of recidivism before and after the Florida ban took
effect estimated the ban increased drug traffickers’ likelihood of returning to prison by at least 9.5
percent.
66
Human Trafficking
Human trafficking is a form of modern-day slavery involving the transporting, soliciting, recruiting,
harboring, providing, enticing, maintaining, or obtaining another person for the purpose of exploiting
that person.
67
Victims of human trafficking are often subjected to force, fraud, or coercion for the
purpose of sexual exploitation or forced labor.
68
Human trafficking does not necessarily involve
movement or relocation of a person, nor does it necessarily involve physical captivity.
Human trafficking can affect individuals of any age, gender, or nationality; however, some people are
more vulnerable than others. Significant risk factors include recent migration or relocation, substance
use, mental health concerns, and involvement in the child welfare system.
69
Vulnerable people are
lured and coerced through a myriad of means including economic abuse, psychological coercion,
threats against family, drug addiction, physical abuse, and sexual abuse.
70
It is estimated that at any given time in 2021, there were approximately 27.6 million people engaging in
forced labor.
71
In 2021, the National Human Trafficking Hotline
72
identified 16,710 trafficking victims in
the US, of which 1,253 were in Florida;
73
however, these figures do not reflect the true scope and scale
of the issue, which cannot be easily quantified due to its underground nature.
Trafficking of illegal drugs and human trafficking often co-occur.
74
Victims of trafficking may be
exploited for the transport illegal drugs and illegal drugs may also serve as a means of coercion by the
trafficker.
75
Substance use as a means of coercion occurs in various settings, including sexual
64
U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Statistics, Recidivism of Prisoners Released in 24 States in
2008: A 10-Year Follow-Up Period (2008–2018), Special Report (2021). Available at
https://bjs.ojp.gov/BJS_PUB/rpr24s0810yfup0818/Web%20content/508%20compliant%20PDFs (last visited January 25, 2024).
65
Yang, C., Does Public Assistance Reduce Recidivism? (2017). Harvard Law School. Available at
http://www.law.harvard.edu/programs/olin_center/papers/pdf/Yang_920.pdf (last visited January 25, 2024).
66
Tuttle, C., Snapping Back: Food Stamp Bans and Criminal Recidivism (2019). American Economic Journal: Economic Policy, 11(2):
301–327, https://pubs.aeaweb.org/doi/pdfplus/10.1257/pol.20170490.
67
S. 787.06, F.S.
68
Id.
69
National Human Trafficking Hotline. Human Trafficking: What Human Trafficking is, and isn’t. Available at
https://humantraffickinghotline.org/en/human-trafficking (last visited January 25, 2024).
70
Stoklosa, H., MacGibbon, M., & Stoklosa, J. Human Trafficking, Mental Illness, and Addiction: Avoiding Diagnostic Overshadowing.
(2017). AMA Journal of Ethics. 19(1):23-24. doi: 10.1001/journalofethics.2017.19.1.ecas3-1701.
71
International Labour Organization, Global Estimates of Modern Slavery: Forced Labour and Forced Marriage (Sep. 2022). Available
at https://www.ilo.org/wcmsp5/groups/public/---ed_norm/---ipec/documents/publication/wcms_854733.pdf (last visited January 25,
2024).
72
The National Human Trafficking Hotline is a free service to connect victims and survivors of sex and labor trafficking with services
and supports to find help and safety. The Hotline also receives tips about potential situations of sex and labor trafficking and facilitates
reporting that information to the appropriate authorities. See also, National Human Trafficking Hotline, About Us. Available at
https://humantraffickinghotline.org/en/about-us (last visited January 25, 2024).
73
National Human Trafficking Hotline, National Statistics (2021). Available at https://humantraffickinghotline.org/en/statistics (last visited
January 25, 2024).
74
US Drug Enforcement Administration, Violent Drug Organizations Use Human Trafficking to Expand Profits (2021). Available at
https://www.dea.gov/stories/2021/2021-01/2021-01-28/violent-drug-organizations-use-human-trafficking-expand-profits (last visited
January 25, 2024).
75
Asian Pacific Institute on Gender-Based Violence. Intersections of Human Trafficking, Domestic Violence, and Sexual Assault –
National Organizational Advocacy Roundtable (2016). Available at https://api-gbv.org/wp-content/uploads/2019/02/Trafficking-DV-SA-
Intersections-2016-formatted2019.pdf (last visited January 25, 2024). STORAGE NAME: h0409.CFS PAGE: 10
DATE: 1/29/2024
exploitation and forced labor, as well as intimate personal violence.
76
Through substance use coercion
a trafficker can maintain control over the victim through controlling the victim’s access to the substance,
forcing the victim to use substances, and using the victim’s own substance use as a means of
discrediting the victim and making the victim complicit in the victim’s own oppression.
77
The Legislature has made clear its intent that the perpetrators of human trafficking be penalized for
their illegal conduct and that the victims of trafficking be protected and assisted by the state and the
agencies;
78
however, in application it has proven difficult to hold human traffickers accountable, and
victims of human trafficking face significant barriers in being recognized as such.
Victims of human trafficking often do not trust the police and rarely seek their assistance.
79
When
victims of human trafficking do interact with the criminal justice system, they are often perceived as
criminals, rather than victims. Trafficking victims are frequently compelled to break the law and may be
arrested as a result of that criminal act before they are recognized as a victim of trafficking. Once a
trafficking victim is charged with a crime, the circumstances around the arrest and the overtaxed
criminal court system create a tremendous pressure on the victim to plead guilty, rather than contest
the charge or seek to reveal the trafficking situation.
80
Effect of the Bill
CS/HB 409 leaves the existing prohibition against individuals with felony drug trafficking convictions
receiving TCA and SNAP assistance intact, but creates an exemption for victims of human trafficking.
Under the bill, TCA and food assistance benefits may not be denied to an individual solely on the basis
of a drug trafficking conviction if DCF has determined the individual to be a victim of human trafficking.
This will allow individuals with a drug trafficking conviction who are also victims of human trafficking to
access TCA and SNAP assistance, as long as they meet the other eligibility requirements.
The bill defines a victim of human trafficking to be a person subjected to coercion
81
for the purpose of
being used in human trafficking, a child under 18 years of age subjected to human trafficking, or an
individual subjected to human trafficking as defined by federal law.
The bill provides an effective date of July 1, 2024.
B. SECTION DIRECTORY:
Section 1: Amends s. 414.095, F.S., relating to determining eligibility for temporary cash
assistance.
76
US Department of Health and Human Services, Understanding Substance Use Coercion as a Barrier to Economic Stability for
Survivors of Intimate Partner Violence: Policy Implications (2020). Available at
https://aspe.hhs.gov/sites/default/files/private/pdf/264166/Substance-Use-Coercion-Policy-Brief.pdf (last visited January 25, 2024).
77
Id. See also, Asian Pacific Institute on Gender-Based Violence. Intersections of Human Trafficking, Domestic Violence, and Sexual
Assault – National Organizational Advocacy Roundtable (2016). Available at https://api-gbv.org/wp-
content/uploads/2019/02/Trafficking-DV-SA-Intersections-2016-formatted2019.pdf (last visited January 25, 2024); Stoklosa, H.,
MacGibbon, M., & Stoklosa, J. Human Trafficking, Mental Illness, and Addiction: Avoiding Diagnostic Overshadowing. (2017). AMA
Journal of Ethics. 19(1):23-24. doi: 10.1001/journalofethics.2017.19.1.ecas3-1701.
77
International Labour Organization, Global Estimates of Modern Slavery: Forced Labour and Forced Marriage (Sep. 2022). Available
at https://www.ilo.org/wcmsp5/groups/public/---ed_norm/---ipec/documents/publication/wcms_854733.pdf (last visited November 27,
2023).
78
S. 787.06(1)(d), F.S.
79
Farrell, A., et al.. Failing victims? Challenges of the police response to human trafficking. (2019). Criminology & Public Policy,
18: 649– 673 https://doi.org/10.1111/1745-9133.12456
80
Phillips, S., Coates, C., Ortiz, C., Rast, L, Sheltry, J., & Thomas, K. Clearing the Slate: Seeking Effective Remedies for Criminalized
Trafficking Victims (2013). CUNY School of Law. Available at https://ncjtc-static.fvtc.edu/Resources/RS00002861.pdf (last visited
January 25, 2024).
81
See, s 786.06(2)(a), F.S., for a complete definition of “coercion.” STORAGE NAME: h0409.CFS PAGE: 11
DATE: 1/29/2024
Section 2: Provides an effective date of July 1, 2024.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
The bill has an indeterminate, negative fiscal impact on DCF.
82
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
Individuals previously disqualified from receiving cash or food assistance because of a felony drug
trafficking conviction who are also human trafficking victims will now be eligible to receive such benefits,
assuming they meet all of the other eligibility requirements, which will provide additional financial
support to low-income families.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. This bill does not appear to affect county or municipal governments.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
DCF has sufficient rule-making authority to implement the provisions of the bill.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
82
Supra, note 57. STORAGE NAME: h0409.CFS PAGE: 12
DATE: 1/29/2024