However, these stated goals can be found nowhere in the legislation, and with good reason: the StateÂ’s commissioned study undercuts each of these rationales as a likely feature of the proposed legislation.
As noted, researchers found a lower rate of drug usage among TANF applicants than among current estimates of the population of Florida as a whole. This would suggest that TANF funds are no more likely to be diverted to drug use or used in a manner that would expose children to drugs or fund the “drug epidemic” than funds provided to any other recipient of government benefits.
Chandler teaches, however, that it is not enough to simply recite a governmental interest without any evidence of a concrete threat that would be mitigated through drug testing. Chandler, 520 U.S. at 322; see also Ferguson, 532 U.S. at 81 (observing that the Court does “not simply accept the State's invocation of a ‘special need’” but instead must carry out “‘close review’ of the scheme at issue” before determining whether the need is special as that term has been defined through Supreme Court precedent) (quoting Chandler, 522 U.S. at 322).
The constitutional rights of a class of citizens are at stake, and the Constitution dictates that the needs asserted to justify subverting those rights must be special, as the case law defines that term, in order for this exception to the Fourth Amendment to apply. Ferguson, 532 U.S. at 81. That showing has not been made on this record.
As the State has failed to demonstrate a special need for its suspicionless drug testing statute, the Court finds no need to engage in the balancing analysis—evaluating the State’s interest in conducting the drug tests and the privacy interests of TANF applicants. Florida has already conducted its experiment. It commissioned a Demonstration Project that proceeded unchallenged, and it was based on suspicion of drug use. Through this effort, Florida gathered evidence on the scope of this problem and the efficacy of the proposed solution. The results debunked the assumptions of the State, and likely many laypersons, regarding TANF applicants and drug use.
The State nevertheless enacted Section 414.0652, without any concrete evidence of a special need to do so—at least not that has been proffered on this record.
http://www.aclufl.org/pdfs/2011-10-24-ACLUTanfOrder.pdf