Florida’s controversial plan requiring welfare recipients to take drug tests has been blocked by a federal appeals court.

The Eleventh Circuit Court of Appeals ruled that the state couldn’t mandate drug screening for welfare applicants unless there was suspicion of drug use on a case-by-case basis.

The court case was filed by Luis Lebron, a Navy veteran and single father, who also cared for his mentally disabled mother. Lebron was denied Temporary Assistance for Needy Families (TANF) after he refused to submit to the testing, which began in 2011.

Lebron argued that the regulation violated his Fourth Amendment rights guaranteeing him from unreasonable searches. At the time that the lawsuit was filed, Lebron told the Tampa Tribune, “I felt like, I served my country for four years; doesn't that mean anything anymore? I've worked for pretty good companies. I'm going to school; I'm supposed to graduate. I shouldn't be in this position.”

The circuit court issued a preliminary injunction against the drug-testing requirement after Judge Rosemary Barkett concluded that it was unfair for the state to single out individuals on welfare just because they’re poor.

The Florida program has been the subject of much ridicule, particularly after statistics for the first four months showed that only 2.6% of applicants failed their drug tests. Under the law, the state had to reimburse those who passed the test. At about $30 per test, Florida wound up paying $118,140—which was more than it would have paid out in benefits to the people who failed the test. In fact, the state ended up paying an extra $45,780. Of those who failed the test, most tested positive for marijuana.

-David Wallechinsky, Noel Brinkerhoff

To Learn More:

Court Slams Florida for Welfare Drug Testing (by Bonnie Barron, Courthouse News Service)

Luis Lebron v. Secretary, Florida Department of Children and Families (Eleventh Circuit Court of Appeals) (pdf)

Navy Vet, ACLU, Sue over Drug-Testing Welfare Applicants (by Catherine Whittenburg, Tampa Tribune)

Florida Drug Testing of Welfare Recipients Cost more than it Saved (by Noel Brinkerhoff and David Wallechinsky, AllGov)

Florida Judge Rules Gov. Scott’s Random Drug Testing of State Employees Unconstitutional (by Noel Brinkerhoff, AllGov)

Florida Becomes First State to Drug Test Public Employees…Except Elected Officials (by Noel Brinkerhoff, AllGov)