Lebron v. Wilkins

• Decision Date: 31 December 2013
• Docket Number: Case No. 6:11–cv–1473–MSS–DAB.
• Citation: 990 F.Supp.2d 1280
• Parties: Luis W. LEBRON, Individually and as Class Representative, Plaintiff, v. David E. WILKINS , In his Official Capacity as Secretary of the Florida Department of Children & Families, Defendant.
• Court: U.S. District Court — Middle District of Florida

990 F.Supp.2d 1280

Luis W. LEBRON, Individually and as Class Representative, Plaintiff,

v.David E. WILKINS ¹, In his Official Capacity as Secretary of the Florida Department of Children & Families, Defendant.

Case No. 6:11–cv–1473–MSS–DAB.

United States District Court,

M.D. Florida,

Orlando Division.

Dec. 31, 2013.

Jason D. Williamson, American Civil Liberties Union Foundation, Inc., New York, NY, Maria Kayanan, Shalini Goel Agarwal, American Civil Liberties Union Foundation, Inc., Randall Challen Berg, Jr., Florida Justice Institute, Inc., Miami, FL, Randall C. Marshall, ACLU Foundation of Alabama, Montgomery, AL, Shawn Alex Heller, Social Justice Law Collective, PL, Washington, DC, for Plaintiff.

Jason Vail, Allen Winsor, Lisa M. Raleigh, Office of the Attorney General, Marion Drew Parker, Florida Department of Children and Families, Tallahassee, FL, for Defendant.

ORDER

MARY S. SCRIVEN, District Judge.

THIS CAUSE comes before the Court for consideration of Plaintiff's Motion for Summary Judgment (Dkt. 78); Defendant's Motion for Summary Judgment (Dkt. 79); Defendant's Response to Plaintiff's Motion for Summary Judgment (Dkt. 83); Plaintiff's Response in Opposition to Defendant's Motion for Summary Judgment (Dkt. 82); Plaintiff's Reply in Support of his Motion for Summary Judgment (Dkt. 84); and Defendant's Reply in Support of his Motion for Summary Judgment (Dkt. 85). Upon consideration of all relevant filings, case law, and being otherwise fully advised, the Court GRANTS Plaintiff's Motion for Summary Judgment and DENIES Defendant's Motion for Summary Judgment, as described herein.

I. BACKGROUND

1. Procedural History

On September 6, 2011, Plaintiff, on behalf of himself and a class of persons similarly situated, filed this action against Defendant. (Dkt. 1) In his complaint, Plaintiff seeks a declaration that Section 414.0652, Florida Statutes, which requires all applicants for Temporary Assistance to Needy Families (“TANF”) to submit to suspicionless drug testing, violates the Fourth Amendment's right to be free from unreasonable searches. Plaintiff also seeks a permanent injunction enjoining the State from enforcing the law. Simultaneous with his complaint, Plaintiff also filed a motion for preliminary injunction against Defendant. (Dkt. 2)

On October 24, 2011, after finding Plaintiff was substantially likely to succeed on the merits of his challenge to the constitutionality of the statute, this Court issued a preliminary injunction, temporarily enjoining enforcement of the statute until the case was resolved on the merits.² (Dkt. 33) At the time the Court entered the preliminary injunction, the Court denied Plaintiff's motion for class certification without prejudice based on the State's stipulation that it would “apply [the Court's] ruling to all persons similarly situated to Plaintiff” without the need for class certification. 820 F.Supp.2d at 1293. Defendant appealed this Court's preliminary injunction to the United States Court of Appeals for the Eleventh Circuit. The parties never sought a stay of this matter pending appeal. On September 10, 2012, while the Court's preliminary injunction Order was on appeal, and before an opinion was issued by the Eleventh Circuit, the parties filed the instant motions for summary judgment with this Court. (Dkt. 78; Dkt. 79) On February 26, 2013, while the parties' cross-motions for summary judgment were pending before this Court, the Eleventh Circuit issued an opinion affirming this Court's preliminary injunction Order. See Lebron v. Sec'y, Florida Dep't of Children & Families, 710 F.3d 1202 (11th Cir.2013).

Defendant petitioned the Eleventh Circuit for a rehearing en banc. Defendant's petition was denied on April 23, 2013. The resulting mandate was issued on May 7, 2013. On May 8, 2013, this Court, being aware that the parties' cross-motions for summary judgment were filed without the benefit of the Eleventh Circuit's rulings on key legal issues in this matter, granted the parties an opportunity to file additional briefs to address any additional issues in this case before the Court issued a ruling on the parties' motions for summary judgment. (Dkt. 97) No additional memoranda were filed. Thus, the parties' cross-motions for summary judgment are now ripe for adjudication before this Court.

2. The Plaintiff

At the time this case was filed, Plaintiff Luis Lebron (“Plaintiff”) was a thirty-five year old, single father with sole custody of his five-year-old son. (Dkt. 77 at 27; Dkt. 1) He lived with and cared for his disabled mother. (Dkt. 1) Plaintiff is a veteran of the United States Navy. (Dkt. 77 at 28) In July 2011, Plaintiff applied to the Florida Department of Children and Families (“DCF”) for benefits under the federal TANF program to support himself and his minor child. ( Id. at 32) Though Plaintiff claims he has never used illegal drugs, and no evidence was offered to the contrary, Section 414.0652 required him to submit to drug testing as a condition of eligibility for TANF benefits. Plaintiff refused to take a drug test, believing that the State's requirement that he pay for, and submit to, such a test is unreasonable when there is no reason to believe that he uses drugs. DCF determined that but for his failure to provide proof that he has tested negative for controlled substances, Plaintiff was eligible for TANF benefits. ( Id. at 33) Plaintiff initially executed a form consenting to the drug testing required by Section 414.0652, but he later revoked that consent. ( Id. at 34). Thereafter, Plaintiff was deemed ineligible for benefits under the program.

3. TANF Program

The TANF program was created by Congress on August 22, 1996, as part of the Personal Responsibility and Work Opportunity Act, 42 U.S.C. §§ 601 et seq. The Act was intended to provide states with resources and flexibility to operate programs designed to meet the following goals:

(1) provide assistance to needy families so that children may be cared for in their own homes or in the homes of relatives;

(2) end the dependence of needy parents on government benefits by promoting job preparation, work, and marriage; (3) prevent and reduce the incidence of out-of-wedlock pregnancies and establish annual numerical goals for preventing and reducing the incidence of these pregnancies; and

(4) encourage the formation and maintenance of two-parent families.

See42 U.S.C. § 601(a).

To become eligible to receive TANF funds, a state must submit a plan that outlines how it intends to administer its program and set eligibility requirements for families that apply for assistance. 42 U.S.C. § 602(a). Florida began disbursing TANF funds in 1996 pursuant to Chapter 414, Florida Statutes. SeeFla. Stat. § 414.025 et seq. (1996). To participate in Florida's TANF program, an individual must complete an application and meet certain eligibility requirements. (Dkt. 77 at 3) The application requires disclosure of certain information, such as medical history, immunization records, living arrangements, social security numbers, family income, employment history, and job-search activities. ( Id.) Participants in the TANF program must meet a host of work-search and job training requirements to remain eligible unless excused for certain enumerated reasons. ( Id. at 6) In Florida, an individual may participate in TANF for a lifetime maximum of 48 months, although those months need not be consecutive. ( Id. at 10) TANF is limited to families with children and expectant mothers. Fla. Stat. § 414.095. For a family of two (a single parent with a minor child, like the Plaintiff and his son in this case), the maximum TANF cash benefit (known as Temporary Cash Assistance, or “TCA”) is currently $241.00 per month. (Dkt. 77 at 11).

4. Section 414.0652

The statute at issue in this case was enacted in May 2011. SeeFla. Stat. § 414.0652 (2011). Pursuant to Section 414.0652, all applicants who are otherwise qualified for Temporary Cash Assistance under TANF are required to provide, to a DCF-approved laboratory, a sample of their urine to be tested for the following substances: Amphetamines, Methamphetamines, Cannabinoids (THC), Cocaine, Phencyclidine (PCP), Opiates, Barbiturates, Benzodiazepines, Methadone, and Propoxyphene. Individuals are not tested for the use of alcohol under the statute. (Dkt. 77 at 13). Pursuant to the statute, DCF is required to “[a]dvise each individual to be tested, before the test is conducted, that he or she may, but is not required to, advise the agent administering the test of any prescription or over-the-counter medication he or she is taking.” Fla. Stat. § 414.0652(2)(d).

The statute makes the cost of the drug test the responsibility of the individual being tested, who is reimbursed only if that individual tests negative for controlled substances. Fla. Stat. §§ 414.0652(1), (2)(a). The law does not apply to individuals not seeking TANF benefits but participating in the Supplemental Nutrition Assistance Program (“SNAP” or food stamps), Medicaid, or the Refugee Assistance Program. (Dkt. 77 at 14).

Under Section 414.0652, DCF is required to “[p]rovide notice of drug testing to each individual at the time of application,” to “advise the individual that drug testing will be conducted as a condition for receiving TANF benefits,” and to “advise that the required drug testing may be avoided if the individual does not apply for TANF benefits.” Fla. Stat. § 414.0652(2)(a). Each “individual to be tested [must] sign a written acknowledgment that he or she has received and understood [this] notice and advice.” Id. at (2)(e). Initially, DCF required that positive drug test results be reported to the statewide Child Abuse Hotline. However, in March of 2012, following this Court's preliminary injunction, DCF implemented Fla. Admin. Code 65A–4.221, reversing the Hotline referral policy. (Dkt. 77 at 17) The administrative rule provides, in pertinent part, that “positive drug test results obtained by the...