State figures show that hundreds of welfare applicants in Florida have declined to take drug tests that have been required for the assistance since mid-July.
Thirty-two applicants failed the test, 7,028 passed and 1,597 didn't take it, according figures released Tuesday the Department of Children and Families. People who decline to take the test aren't required to explain.
Proponents of the law have suggested applicants would be deterred because they knew they would test positive. Critics say applicants may not have taken the test because they couldn't afford the fee that can be as much as $35 or didn't have easy access to a testing facility.
A federal judge in Orlando is mulling a lawsuit claiming the measure is unconstitutional.
The Florida law is only one of its kind currently on the books in the U.S.