The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Children, Families, and Elder Affairs
BILL: CS/SB 776
INTRODUCER: Children, Families, and Elder Affairs and Senator Powell
SUBJECT: Temporary Cash Assistance Eligibility
DATE: February 6, 2024
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Hall Tuszynski CF CS/Fav
2. AHS
3. FP
I. Summary:
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.
CS/SB 776 leaves the existing prohibition against individuals with felony drug convictions
receiving TCA and SNAP assistance, but creates an exemption for victims of human trafficking.
Under the bill, TCA and SNAP benefits may not be denied to an individual solely on the basic of
a drug trafficking conviction if DCF has determined the individual to be a victim of human
trafficking.
The bill has an indeterminate, negative fiscal impact on state government.
The bill provides an effective date of July 1, 2024.
REVISED: BILL: CS/SB 776 Page 2
II. Present Situation:
Public Assistance
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 Temporary Cash Assistance (TANF or TCA) program.
Temporary Assistance for Needy Families
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.
7
PRWORA ended the Aid to Families with Dependent Children (AFDC)
program, a federal program which provided dedicated funding for cash assistance to needy
1
National Conference of State Legislatures, Introduction to Benefit Cliffs and Public Assistance Programs, available at
https://www.ncsl.org/human-services/introduction-to-benefits-cliffs-and-public-assistance-programs (last visited February 1,
2024).
2
Brookings Institute, State Social Safety Net Policy: How are States Addressing Economic Need, available at
https://www.brookings.edu/events/state-social-safety-net-policy-how-are-states-addressing-economic-need/ (last visited
February 1, 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, available at https://www.acf.hhs.gov/ofa/programs/tanf/about
(last visited February 1, 2024); see also Center on Budget and Policy Priorities, Three Reasons Why Providing Cash to
Families with Children is a Sound Policy Investment, available at https://www.cbpp.org/research/income-security/three-
reasons-why-providing-cash-to-families-with-children-is-a-sound (last visited February 1, 2024).
4
Urban Institute, What Explains the Widespread Material Hardship among Low-Income Families with Children?, 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 February 1, 2024).
5
Stephen Vogen, Cristina Miller, Katherine Ralston, Impact of USDA’s Supplemental Nutrition Assistance Program (SNAP)
on Rural and Urban Economies in the Aftermath of the Great Recession, Economic Research Service (2021), available at
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3938336 (last visited February 1, 2024).
6
Brookings, Policies that Reduce Intergenerational Policy, available at https://www.brookings.edu/articles/policies-that-
reduce-intergenerational-poverty/ (last visited February 1, 2024).
7
Center on Budget and Policy Priorities, Policy Basics: Temporary Assistance for Needy Families, available at
https://www.cbpp.org/research/family-income-support/policy-basics-an-introduction-to-tanf (last visited February 1, 2024).
See also Department of Health and Human Services, Office of Family Assistance, Major Provisions of the Welfare Law,
available at https://www.acf.hhs.gov/ofa/policy-guidance/major-provisions-welfare-law (last visited February 1, 2024). BILL: CS/SB 776 Page 3
families with children, and alternatively created the broad-purpose TANF block grant.
8
TANF
became effective July 1, 1997, and was reauthorized by the Deficit Reduction Act of 2005.
Temporary Cash Assistance (TCA)
Direct cash assistance to needy families is the foundation of public welfare in the U.S.
9
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.
10
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
11
may receive cash assistance in the form of monthly payments deposited into an
electronic benefits transfer (EBT) account.
12
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
13
(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
8
Congressional Research Service, Temporary Assistance for Needy Families: The Decline in Assistance Receipt Among
Eligible Individuals, available at https://crsreports.congress.gov/product/pdf/R/R47503 (last visited February 1, 2024).
9
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, Temporary Assistance for Needy Families: The
Decline in Assistance Receipt Among Eligible Individuals, available at https://crsreports.congress.gov/product/pdf/R/R47503
(last visited February 1, 2024).
10
Supra, note 9.
11
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 ninth month of pregnancy. See DCF, Temporary Cash Assistance
(TCA), available at https://www.myflfamilies.com/services/public-assistance/temporary-cash-assistance (last visited February
1, 2024).
12
DCF, Temporary Cash Assistance Fact Sheet, available at https://www.myflfamilies.com/sites/default/files/2022-
10/tcafactsheet_0.pdf (last visited February 1, 2024).
13
The Department of Commerce, formerly known as the Department of Economic Opportunity, was renamed as such in the
2023 Legislative session. See Ron DeSantis, Governor DeSantis Signs Legislation to Streamline Economic Development in
Florida, available at https://www.flgov.com/2023/05/31/governor-desantis-signs-legislation-to-streamline-economic-
development-in-florida/ (last visited February 1, 2024). BILL: CS/SB 776 Page 4
with one-stop career centers.
14
CareerSource Florida has planning and oversight responsibilities
for all workforce-related programs and contracts with the LWDBs on a performance-basis.
15
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.
16
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.
17
TCA Eligibility
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:
18
Be a U.S. citizen or qualified noncitizen
19
;
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 ninth month of pregnancy;
Have a gross income of 185 percent or less of the federal poverty level;
20
Have liquid or nonliquid resources, of all members of the family, valued at less than
$2,000;
21
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;
22
however, most households receive TCA for
fewer than six months.
14
Florida Department of Commerce, CareerSource Florida, Workforce Innovation and Opportunity Act Annual Statewide
Performance Report, available at https://careersourceflorida.com/wp-content/uploads/2023/12/2022-23-WIOA-Annual-
Performance-Report.pdf (last visited February 1, 2024).
15
Id.
16
DCF, ESS Standard Reports: Caseload Report, available at https://www.myflfamilies.com/services/public-
assistance/additional-resources-and-services/ess-standard (last visited February 1, 2024).
17
DCF, ESS Standard Reports: Flash Points, available at https://www.myflfamilies.com/services/public-
assistance/additional-resources-and-services/ess-standard (last visited February 1, 2024).
18
DCF, Temporary Assistance for Needy Families – State Plan Renewal, available at
https://www.myflfamilies.com/sites/default/files/2022-10/TANF-Plan.pdf (last visited February 1, 2024).
19
Section 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 children or parent, has been battered or subject to extreme cruelty in the
U.S. 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.
20
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 25, 2024).
21
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.
22
Section 414.105, F.S. BILL: CS/SB 776 Page 5
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.
23
Individuals
who fail to comply with the work requirements may be sanctioned.
24
Individuals are required to
participate in work activities for the maximum number of hours allowable under federal law.
25
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
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-parent
families where one parent is disabled
30 hours weekly with at least 20 hours of “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 state and federal law, there are 12 distinct types of work activities which can be used
to satisfy a TCA recipient’s work requirement.
26
The 12 activities are categorized as either
“core” or “supplemental” activities; such categorization impacts how the activity is counted
toward a TCA recipient’s work requirement.
Work Activities
“Core” Activities “Supplemental” Activities
Unsubsidized employment
Subsidized private-sector employment
Subsidized public-sector employment
Work experience
On-the-job training
Job search and job readiness assistance
Community service programs
Vocational educational training
Job skills training directly related to
employment
Education directly related to employment
Completion of a secondary school program
23
Section 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 DCF, Temporary Assistance for Needy Families – State Plan
Renewal, available at https://www.myflfamilies.com/sites/default/files/2022-10/TANF-Plan.pdf (last visited February 1,
2024).
24
Section 414.065, F.S.
25
Section 445.024(2), F.S.
26
45 CFR 261-30; s. 445.024(1), F.S.; see also DCF, 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 25, 2024). BILL: CS/SB 776 Page 6
Providing child care services to an individual
participating in a community service program
While each of these activities may contribute toward a TCA recipient’s work requirement,
federal policy limits the extent to which certain activities may satisfy the work requirement.
Federal and state law further limits how the different work activities may count toward a
person’s work requirement based on the characteristics of the individual and the length of time in
which the individual engages in the activity.
27
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:
28
First noncompliance – cash assistance is terminated for the entire family for a minimum of
ten days or until the individual complies, whichever is later.
Second noncompliance – cash assistance is terminated for the entire family for one month or
until the individual complies, whichever is later.
Third noncompliance – cash assistance is terminated for the entire family for three months or
until the individual complies, 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).
29
SNAP is the nation’s
largest domestic food and nutrition program for low-income Americans, offering nutritional
assistance to millions of individuals and families each year through the provision for funds that
can be used to purchase eligible foods.
30
In fiscal year 2020, SNAP provided assistance to
approximately 39.9 million people living in 20.5 million households across the U.S.
31
SNAP
benefits support individual households by reducing the effects of poverty and increasing food
27
45 CFR § 261.31; s. 445.024, F.S.; see also Congressional Research Service, Temporary Assistance for Needy Families
(TANF): The Work Participation Standard and Engagement in Welfare-to-Work Activities, available at
https://crsreports.congress.gov/product/pdf/R/R44751 (last visited January 26, 2024).
28
Section 414.065, F.S.
29
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 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 February 2,
2024).
30
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 February 2, 2024).
31
US Department of Agriculture, Food and Nutrition Service, Characteristics of SNAP Households: FY 2020 and Early
Mnths 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 February 2, 2024). BILL: CS/SB 776 Page 7
security while supporting economic activity across communities, as SNAP benefits directly
benefit farmers, retailers, food processors and distributors, and their employees.
32
SNAP is administered at the state level in Florida by DCF.
33
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.
34
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.
35
The amount of benefits, or allotment, for which a household qualified 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.
36
This is because SNAP households are expected to spend about 30% of their own resources
on food.
37
As of October 2023, 3,112,411 Floridians are participating in SNAP.
38
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.
39
Individuals may be deemed ineligible for SNAP due to any of the following:
40
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.
32
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 February 2, 2024).
33
Section 414.31, F.S.
34
Center on Budget and Policy Priorities, Policy Basics: The Supplemental Nutrition Assistance Program (SNAP), available
at https://www.cbpp.org/research/policy-basics-the-supplemental-nutrition-assistance-program-
snap#:~:text=The%20federal%20government%20pays%20the,the%20states%2C%20which%20operate%20it (last visited
February 2, 2024).
35
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 February 2, 2024).
36
US Department of Agriculture, Food and Nutrition Service, SNAP Eligibility, available at
https://www.fns.usda.gov/snap/recipient/eligibility (last visited February 2, 2024).
37
Id.
38
US Department of Agriculture, Food and Nutrition Service, Supplemental Nutrition Assistance Program: Number of
Persons Participating, available at https://fns-prod.azureedge.us/sites/default/files/resource-files/snap-persons-1.pdf (last
visited February 2, 2024).
39
DCF, SNAP Eligibility, available at https://www.myflfamilies.com/services/public-assistance/supplemental-nutrition-
assistance-program-snap/snap-eligibility (last visited February 2, 2024). See also s. 414.32, F.S.
40
Id. See also s. 414.32, F.S. BILL: CS/SB 776 Page 8
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.
41
Individuals are exempt from the general work requirements if they are:
42
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 six 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.
43
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.
44
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.
45
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
41
US Department of Agriculture, Food and Nutrition Service, SNAP Work Requirements, available at
https://www.fns.usda.gov/snap/work-requirements (last visited February 2, 2024).
42
Id.
43
Id.
44
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 18th birthday and are under age 24 are exempt from the ABAWD requirements.
45
US Department of Agriculture, Food and Nutrition Service, Supplemental Nutrition Assistance Program (SNAP) ABAWD
Policy Guide, available at https://fns-prod.azureedge.us/sites/default/files/resource-files/SNAP-ABAWD-Policy-Guide-
September-2023.pdf (last visited February 2, 2024). BILL: CS/SB 776 Page 9
provision.
46
Florida has opted out of this federal provision
47
, 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
48
, including agreeing,
conspiring, combining, or confederating with another person to commit an act after August 22,
1996.
49
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.
50
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.
51
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.
52
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.
53
46
Pub. L. No. 104-193, s. 115.
47
Section 414.095(1), F.S.
48
Section 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.
49
See DCF’s ESS Policy Manual 1420.2200, Individual Convicted Felony Drug Trafficking (TCA), available at
https://www.myflfamilies.com/sites/default/files/2023-02/1410.pdf (last visited February 2, 2024).
50
Section 893.135, F.S.
51
Supra, note 51.
52
DCF, Agency Bill Analysis for SB 776, on file with the Senate Children, Families, and Elder Affairs Committee.
53
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, available at https://www.clasp.org/publications/report/brief/no-more-double-punishments/
(last visited February 2, 2024). BILL: CS/SB 776 Page 10
As of April 2022, seven
54
states fully ban TANF benefits, including TCA, for individuals with
prior felony drug convictions, while 17
55
states, including Florida, have modified bans, and 26
56
states and Washington, D.C., have no ban for SNAP benefits. 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
57
states with modified bans, and 28
58
states and Washington, D.C., have no ban for
SNAP benefits.
Recidivism Studies
Studies have shown that public assistance such as TANF and SNAP reduces recidivism, while
banning access 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.
59
Such odds of recidivating can be offset through
providing support; the barriers to re-entering society as a productive member 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.
60
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.
61
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.
62
Victims of human trafficking are often subjected to force,
fraud, or coercion for the purpose of sexual exploitation or forced labor.
63
Human trafficking
does not necessarily involve movement or relocation of a person, nor does it necessarily involve
physical captivity.
54
Arizona, Georgia, Missouri, Nebraska, South Carolina, Texas, and West Virginia.
55
Alaska, Colorado, Connecticut, Florida, Hawaii, Idaho, Indiana, Iowa, Montana, Maryland, Massachusetts, Michigan,
Minnesota, North Carolina, Pennsylvania, Tennessee, and Utah.
56
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.
57
Alabama, Alaska, Arizona, Colorado, Connecticut, Florida, Georgia, Hawaii, Idaho, Indiana, Kansas, Maryland,
Minnesota, Missouri, Montana, Nebraska, North Carolina, Tennessee, Texas, West Virginia, and Wisconsin.
58
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.
59
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, available at
https://bjs.ojp.gov/BJS_PUB/rpr24s0810yfup0818/Web%20content/508%20compliant%20PDFs (last visited February 2,
2024).
60
Crystal S. Yang, Does Public Assistance Reduce Recidivism?, Vol. 107, No. 5, Am. Econ. Rev. 551 (2017).
61
Cody Tuttle, Snapping Back: Food Stamp Bans and Criminal Recidivism, Vol. 11, No. 2, Am. J. Econ. Pol’y 301 (2019).
62
Section 787.06, F.S.
63
Id. BILL: CS/SB 776 Page 11
Human trafficking can affect individuals of any age, gender, or nationality; however, some
people are not vulnerable than others. Significant risk factors include recent migration or
relocation, substance use, mental health concerns, and involvement in the child welfare system.
64
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.
65
It is estimated that at any given time in 2021, there were approximately 27.6 million people
engaging in forced labor.
66
In 2021, the National Human Trafficking Hotline
67
identified 16,710
trafficking victims in the U.S., of which 1,253 were in Florida
68
; 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.
69
Victims of trafficking may
be exploited for the transport of illegal drugs and illegal drugs may also serve as a means of
coercion by the trafficker.
70
Substance use as a means of coercion occurs in various settings,
including sexual exploitation and forced labor, as well as intimate personal violence.
71
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.
72
64
National Human Trafficking Hotline, Human Trafficking, available at https://humantraffickinghotline.org/en/human-
trafficking (last visited February 6, 2024).
65
AMA Journal of Ethics, Human Trafficking, Mental Illness, and Addiction, Avoiding Diagnostic Overshadowing, available
at https://journalofethics.ama-assn.org/article/human-trafficking-mental-illness-and-addiction-avoiding-diagnostic-
overshadowing/2017-01 (last visited February 6, 2024).
66
International Labor Organization, Global Estimates of Modern Slavery Forced Labour and Forced Marriage, available at
https://www.ilo.org/wcmsp5/groups/public/---ed_norm/---ipec/documents/publication/wcms_854733.pdf (last visited
February 6, 2024).
67
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 National Human Trafficking Hotline,
About Us, available at https://humantraffickinghotline.org/en/about-us (last visited February 6, 2024).
68
National Human Trafficking Hotline, Florida Statistics, available at https://humantraffickinghotline.org/en/statistics/florida
(last visited February 6, 2024).
69
U.S. Drug Enforcement Administration, Violent Drug Organizations Use Human Trafficking to Expand Profits, available
at https://www.dea.gov/stories/2021/2021-01/2021-01-28/violent-drug-organizations-use-human-trafficking-expand-profits
(last visited February 6, 2024).
70
Asian Pacific Institute on Gender-Based Violence, Intersections of Human Trafficking, Domestic Violence, and Sexual
Assault – National Organizational Advocacy Roundtable, available at https://api-gbv.org/wp-
content/uploads/2019/02/Trafficking-DV-SA-Intersections-2016-formatted2019.pdf (last visited February 6, 2024).
71
U.S. Department of Health and Human Services, Understanding Substance Use Coercion as a Barrier to Economic
Stability for Survivors of Intimate Partner Violence: Policy Implications, available at
https://aspe.hhs.gov/sites/default/files/private/pdf/264166/Substance-Use-Coercion-Policy-Brief.pdf (last visited February 6,
2024).
72
International Labor Organization, Global Estimates of Modern Slavery Forced Labour and Forced Marriage, available at
https://www.ilo.org/wcmsp5/groups/public/---ed_norm/---ipec/documents/publication/wcms_854733.pdf (last visited
February 6, 2024). BILL: CS/SB 776 Page 12
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
73
; however, in application it has proven difficult to hold human traffickers
accountable, and victims of human trafficking face significant barriers to being recognized as
such.
Victims of human trafficking often do not trust the police and rarely seek their assistance.
74
When victims of human trafficking do not 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.
75
III. Effect of Proposed Changes:
Section 1 of the bill amends s. 414.095, F.S., to remove the existing prohibition against
individuals with felony drug trafficking convictions receiving TCA and SNAP.
The changes the eligibility requirements for TCA and food assistance benefits by requiring a
denial not be based solely on 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 all other eligibility requirements.
The bill also makes conforming language changes.
Section 2 of the bill provides an effective date of July 1, 2024.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
73
Section 787.06(1)(d), F.S.
74
Amy Farrell, Meredith Dank, leke de Vries, Matthew Kafafian, Andrea Hughes, Sarah Lockwood, Failing Victims?
Challenges of the Police Response to Human Trafficking, Vol. 18, No. 3, Criminology & Pub. Pol’y, 649, 649-673 (2019).
75
The City University of New York, CUNY School of Law, Clearing the Slate: Seeking Effective Remedies for Criminalized
Trafficking Victims, available at https://ncjtc-static.fvtc.edu/Resources/RS00002861.pdf (last visited February 6, 2024). BILL: CS/SB 776 Page 13
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None identified.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
Individuals previously disqualified from receiving cash or food assistance because of
felony drug trafficking convictions 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.
C. Government Sector Impact:
There is an indeterminate, negative fiscal impact.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends s. 414.095 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Children, Families, and Elder Affairs February 6, 2024:
The committee substitute narrows the bill language and allows an individual convicted of
drug trafficking and also determined to be a victim of human trafficking to not be denied
TCA and food assistance benefits.
B. Amendments:
None. BILL: CS/SB 776 Page 14
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.