WFTV investigation found that out of the 40 recipients tested by Department of Central Florida's (DCF) region, only two resulted in positive results. And one of those tests is being appealed.

Under the rules of the program, the state must reimburse recipients who receive negative test results. The state paid about $1,140 for the 38 negative tests, while saving less than $240 a month by denying benefits over the two positive tests.

"We have a diminishing amount of returns for our tax dollars," the ACLU's Derek Brett told WFTV. "Do we want our governor throwing our precious tax dollars into a program that has already been proven not to work?"

The cost to taxpayers could end up being significantly higher because the state expects to have to defend the law in court.