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-       Florida Senate - 2026                                    SB 1462
-
-       By Senator Bracy Davis
-
-       15-00782-26                                           20261462__
-    1                        A bill to be entitled
-    2         An act relating to temporary cash assistance
-    3         eligibility; amending s. 414.095, F.S.; deleting the
-    4         prohibition against awarding benefits to a person who
-    5         has a felony drug conviction for trafficking; deleting
-    6         specified requirements a person convicted of a drug
-    7         felony must meet to receive benefits; providing an
-    8         effective date.
-    9
-   10  Be It Enacted by the Legislature of the State of Florida:
-   11
-   12         Section 1. Subsection (1) of section 414.095, Florida
-   13  Statutes, is amended to read:
-   14         414.095 Determining eligibility for temporary cash
-   15  assistance.—
-   16         (1) ELIGIBILITY.—An applicant must meet the eligibility
-   17  requirements of this section before receiving services or
-   18  temporary cash assistance under this chapter, except that an
-   19  applicant is shall be required to register for work and engage
-   20  in work activities in accordance with s. 445.024, as designated
-   21  by the local workforce development board, and may receive
-   22  support services or child care assistance in conjunction with
-   23  such requirement. The department shall make a determination of
-   24  eligibility based on the criteria listed in this chapter. The
-   25  department shall monitor continued eligibility for temporary
-   26  cash assistance through periodic reviews consistent with the
-   27  food assistance eligibility process. Benefits may not be denied
-   28  to an individual solely based on a felony drug conviction,
-   29  unless the conviction is for trafficking pursuant to s. 893.135.
-   30  To be eligible under this section, an individual convicted of a
-   31  drug felony must be satisfactorily meeting the requirements of
-   32  the temporary cash assistance program, including all substance
-   33  abuse treatment requirements. Within the limits specified in
-   34  this chapter, The state opts out of the provision of Pub. L. No.
-   35  104-193, s. 115, that eliminates eligibility for temporary cash
-   36  assistance and food assistance for any individual convicted of a
-   37  controlled substance felony.
-   38         Section 2. This act shall take effect July 1, 2026.
+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:  SB 1462
+INTRODUCER:  Senator Bracy Davis
+SUBJECT:  Temporary Cash Assistance Eligibility
+DATE:  February 2, 2026
+
+ ANALYST  STAFF DIRECTOR  REFERENCE  ACTION
+1. Fiore  Tuszynski  CF  Pre-meeting
+2.     AHS
+3.     FP
+
+I. Summary:
+SB 1462 revises eligibility requirements for Florida’s Temporary Cash Assistance (TCA)
+program by removing restrictions on TCA eligibility based on certain felony drug convictions.
+Specifically, the bill amends s. 414.095, Florida Statutes (F.S.), to remove the disqualification of
+someone who has been convicted of drug trafficking and also eliminates treatment-related
+eligibility requirements.
+
+The bill maintains Florida’s statutory opt-out of the federal lifetime ban on public assistance for
+individuals convicted of controlled substance felonies and the prohibition against denying TCA
+benefits solely on the basis of a felony drug conviction.
+
+The bill has an indeterminate negative fiscal impact on state government with a potential
+increase in TCA expenditures to newly eligible individuals.
+
+The bill has an effective date of July 1, 2026.
+II. Present Situation:
+Temporary Cash Assistance Program
+Florida’s Temporary Cash Assistance (TCA) program is the state’s implementation of the federal
+Temporary Assistance for Needy Families (TANF) block grant, authorized under the Personal
+Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA).1 The program is
+intended to provide short-term financial assistance to low-income families with children while
+promoting work, self-sufficiency, and family stability.2 In Florida, the TCA program is
+
+1 Pub. L. 104-193, § 103, 110 Stat. 2105 (1996), https://www.govinfo.gov/content/pkg/PLAW-104publ193/pdf/PLAW-
+104publ193.pdf; and ss. 414.0252(12), 414.035, and 414.045, F.S.
+2 Sections 414.025, 414.085, 414.095(1), and 414.105, F.S.
+REVISED:
+BILL: SB 1462   Page 2
+
+administered by the Department of Children and Families (DCF).3 To receive TCA benefits, an
+applicant must meet financial eligibility criteria and comply with work registration and
+participation requirements, unless exempt.4 Eligibility determinations and ongoing reviews are
+conducted by the DCF, which also monitors continued compliance with program requirements.5
+As of December 2025, there were 16,563 families receiving TCA benefits.6
+
+Eligibility
+The TCA program requires applicants to meet the following criteria to be eligible:
+• Be a U.S. citizen or qualified noncitizen;7
+o Qualified noncitizens include refugees, asylees, lawful permanent residents, Cuban or
+Haitian entrants, and certain battered individuals eligible under the Violence Against
+Women Act.8
+o Each member of the family household must provide a Social Security number or proof of
+application for a Social Security number.9
+• Be a legal resident of Florida;10
+• Have a minor child residing with a custodial parent or relative caregiver;11
+o For pregnant woman with no other children, TCA benefits are generally restricted to the
+final month of pregnancy, with limited exceptions for medically restricted individuals
+during the last trimester.12
+• Have a gross family household income of 185 percent or less of the federal poverty level;13
+• Have liquid and nonliquid resources, for all members of the family household, valued at no
+more than $2,000 (excluding vehicles valued up to $8,500, or up to any value if vehicle is
+used for and equipped for the transportation of a disabled family household member);14 and
+• Register for work with the local workforce development board, unless an applicant qualifies
+for an exemption.15
+
+Applications must be acted upon within 30 days, and benefits generally begin either upon
+approval or 30 days after application, whichever occurs first.16 TCA is generally limited to a
+lifetime maximum of 48 months unless the individual qualified under the following: hardship
+
+3 See generally Ch. 414, F.S.; and Florida Department of Children and Families, Temporary Cash Assistance (TCA),
+https://www.myflfamilies.com/services/public-assistance/temporary-cash-assistance (last visited on 1/28/2026).
+4 Section 414.095(1), F.S.
+5 Id.
+6 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 on
+1/28/2026).
+7 Section 414.095(2)(a)1., F.S.
+8 Section 414.095(3), F.S.
+9 Section 414.095(2)(a)3., F.S.
+10 Section 414.095(2)(a)2., F.S.
+11 Section 414.095(2)(a)4., F.S.
+12 Section 414.095(5), F.S.
+13 Section 414.085(1)(a), F.S.; see also U.S. Department of Health and Human Services, U.S. Federal Poverty Guidelines
+Used to Determine Financial Eligibility for Certain Programs, HHS (2026), https://aspe.hhs.gov/topics/poverty-economic-
+mobility/poverty-guidelines.
+14 Section 414.075, F.S.
+15 Section 414.095(1), F.S.
+16 Section 414.095(8), F.S.
+BILL: SB 1462   Page 3
+
+extension; exemption for victims of domestic violence; Supplemental Security Income or Social
+Security Disability Insurance recipient or applicant; individual caring for a disabled family
+member; or child-only case.17
+
+Benefit Amounts
+Florida law establishes a three-tier shelter payment standard, linking benefit levels to family size
+and shelter obligations.18 A “shelter obligation” exists when the family household has the
+responsibility to pay for the cost of housing, such as mortgage, rent or room and board
+payment.19 The following chart depicts the top levels of temporary cash assistance:
+
+Family
+Size
+Zero Shelter
+Obligation
+Greater than Zero
+Less than or
+Equal to $50
+Greater than $50
+Shelter Obligation
+or Homeless
+1 $95 $153 $180
+2 $158 $205 $241
+3 $198 $258 $303
+4 $254 $309 $364
+5 $289 $362 $426
+6 $346 $414 $487
+7 $392 $467 $549
+8 $438 $519 $610
+9 $485 $570 $671
+10 $534 $623 $733
+11 $582 $676 $795
+12 $630 $728 $857
+13 $678 $781 $919
+
+Benefits are calculated based on the average monthly gross family income, earned and unearned,
+less any applicable disregards ($200 plus one-half of the remainder). The resulting monthly net
+income amount is then subtracted from the applicable payment standard to determine the
+monthly benefit amount.20 The following table shows examples on how the shelter payment
+standard is applied in practice.
+
+Family
+Size
+Shelter
+Obligation Tier
+Payment
+Standard
+Gross
+Income
+Countable Net Income Monthly TCA Grant
+3 > $50 / Homeless $303 $0 $0 $303
+2 > $50 / Homeless $241 $900 $900 - $200 = $700
+$700 / 2 = $350
+$241 - $350 = -$109
+$0
+2 > $0 and ≤ $50 $205 $600 $600 - $200 = $400 $400 / 2 =
+$200
+$205 - $200 = $5
+$5
+3 $0 $198 $500 $500 - $200 = $300 $300 / 2 =
+$150
+$198 - $150 = $48
+$48
+
+17 Section 414.105, F.S.
+18 Section 414.095(10), F.S.
+19 65A-4.220(2)(b), F.A.C.
+20 Section 414.095(11)-(12), F.S.
+BILL: SB 1462   Page 4
+
+TCA is issued as a single household grant and paid to one designated payee rather than
+distributed individually to each household member. It may be paid as follows:
+• Direct payment through state warrant, electronic transfer of temporary cash assistance, or
+voucher.
+• Payment to an alternative payee.
+• Payment for subsidized employment.
+• Pay-after-performance arrangements with public or private not-for-profit agencies.21
+
+Controlled Substance Ban
+PRWORA established a lifetime federal ban on TANF benefits for individuals convicted of a
+felony offense involving the possession, use, or distribution of a controlled substance.22
+However, PRWORA expressly allows states to opt out of or modify this ban through state law.
+Florida has exercised this option and has statutorily opted out of the federal ban.
+
+Current law reflects this opt-out while simultaneously imposing certain state-level restrictions
+and conditions related to felony drug convictions. TCA benefits may not be denied based solely
+on a felony drug conviction, unless the conviction involves drug trafficking under s. 893.135,
+F.S., 23 which includes agreeing, conspiring, combining, or confederating with another person to
+commit drug trafficking.24 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 $500,000.25 During the application process, individuals seeking TCA benefits self-attest if
+they have been convicted of felony drug trafficking.26 This information is then confirmed by an
+eligibility specialist during the applicant’s interview.27 If the illegal behavior that led to the
+conviction occurred on or before August 22, 1996, or if a court expunges the felony drug
+trafficking conviction, the individual is not subject to the disqualification.28
+
+The DCF reports that three individuals were denied TCA benefits in 2025 due to drug trafficking
+convictions.29 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.30 This means that, while those with drug trafficking convictions may still
+
+21 Section 414.095(13), F.S.
+22 Pub. L. 104-193, § 115, 110 Stat. 2105 (1996).
+23 Section 414.095(1), F.S.
+24 Section 893.135(5), F.S.
+25 Section 893.135(1), F.S.
+26 Florida Department of Children and Families, Government Assistance Application: ACCESS Florida Application, at pg. 4,
+https://www.myflfamilies.com/services/public-assistance/additional-resources-and-services/ess-forms.
+27 Florida Department of Children and Families, ESS Policy Manual 0620.0105, Eligibility Interview (TCA), at pg. 8,
+https://ffic.myflfamilies.com/manual/600.pdf (last visited on 01/28/2026).
+28 Florida Department of Children and Families, ESS Policy Manual 1420.2200, Individual Convicted Felony Drug
+Trafficking (TCA), at pg. 71, https://ffic.myflfamilies.com/manual/1410.pdf (last visited on 01/28/2026).
+29 This number is based on applicants who report a felony drug trafficking conviction during the application/eligibility
+process. The number of people who choose not to apply due to a felony drug trafficking conviction is unknown. Email from
+Chancer Teel, Director of Legislative Affairs, Florida Department of Children and Families, Senate Request: SB 1462
+Temporary Cash Assistance Eligibility, January 29, 2026.
+30 65A-4.208(3), F.A.C.
+BILL: SB 1462   Page 5
+
+apply for assistance for their children, the overall household receives less support because of the
+current bans.
+
+Individuals who are convicted of a drug felony, but who are otherwise eligible for TCA benefits,
+are required to satisfactorily meet all program requirements, including any applicable substance
+abuse treatment requirements.31 Temporary exceptions from TCA work requirements may be
+granted to allow participation in outpatient substance abuse treatment for up to five hours per
+week, with an annual cap of 100 hours, subject to verification by the local workforce
+development board designee.32
+III. Effect of Proposed Changes:
+Section 1 amends s. 414.095, F.S., to remove statutory language that bars eligibility for TCA
+benefits based on a drug trafficking conviction. The section also removes specific requirements
+tied to substance abuse treatment as a condition of eligibility. Florida’s opt-out of the federal
+lifetime ban under PRWORA is retained, thereby continuing the state’s policy choice not to
+impose a categorical federal disqualification.
+
+As a result, individuals with a drug trafficking conviction would be evaluated for TCA eligibility
+using the same criteria applied to other applicants, including income, family composition, and
+work participation. Individuals who have a felony drug conviction but are otherwise eligible for
+TCA will no longer need to participate in substance abuse treatment as a condition of their
+eligibility.
+
+Section 2 provides an effective date of July 1, 2026.
+IV. Constitutional Issues:
+A. Municipality/County Mandates Restrictions:
+None.
+B. Public Records/Open Meetings Issues:
+None.
+C. Trust Funds Restrictions:
+None.
+D. State Tax or Fee Increases:
+None.
+
+31 Section 414.095(1), F.S.
+32 65A-4.206(7), F.A.C.
+BILL: SB 1462   Page 6
+
+E. Other Constitutional Issues:
+None identified.
+V. Fiscal Impact Statement:
+A. Tax/Fee Issues:
+None.
+B. Private Sector Impact:
+The bill has an indeterminate positive fiscal impact on individuals previously disqualified
+from TCA benefits because of felony drug trafficking convictions. These individuals will
+now be eligible to receive such benefits, assuming they meet all of the other eligibility
+requirements.
+C. Government Sector Impact:
+The bill has an indeterminate negative fiscal impact on state government with a potential
+increase in TCA expenditures to newly eligible individuals
+VI. Technical Deficiencies:
+None.
+VII. Related Issues:
+None.
+VIII. Statutes Affected:
+This bill substantially amends the following sections of the Florida Statutes: 414.095
+
+IX. Additional Information:
+A. Committee Substitute – Statement of Changes:
+(Summarizing differences between the Committee Substitute and the prior version of the bill.)
+None.
+B. Amendments:
+None.
+This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.