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.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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 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 Pub lic 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 home s is one of the four purposes of the TANF
program. See, Office of Family Assistance, Ab out 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 Urb an
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 Eligib le
Individuals (2023). Available at https://crsreports.congress.gov/product/pdf/R/R47503 (last visited January 24, 2024).
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 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 Commerce14 (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 en tities financed “mother’s pension”
programs that provided support to single, often widowed, mothers so that children could be raised in their family homes rathe r 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 trime ster 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 Opportu nity, 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).
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 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 9th 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 Requirements28
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, Octob er 1, 2020 –
Septemb er 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 i s 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 c riteria
are met.
21 Gross income cannot exceed 185% FPL, and a family’s countable income cannot exceed the pa yment 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 Feasib ility Study. (2023). On file with
the Children, Families & Seniors Subcommittee.
25 S. 414.095(1), F.S. A pers on 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 prepara tion
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,
Octob er 1, 2020 – Septemb er 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.
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 parent families where one parent is disabl