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 Appropriations
BILL: SB 2502
INTRODUCER: Appropriations Committee
SUBJECT: Implementing the 2022-2023 General Appropriations Act
DATE: February 10, 2022
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Urban Sadberry AP Submitted as Comm. Bill/Fav
I. Summary:
SB 2502 provides the statutory authority necessary to implement and execute the General
Appropriations Act for Fiscal Year 2022-2023. Statutory changes are temporary and expire on
July 1, 2023.
The bill provides an effective date of July 1, 2022, except as otherwise provided.
II. Present Situation:
Article III, s. 12 of the Florida Constitution provides that “[l]laws making appropriations for
salaries of public officers and other current expenses of the state shall contain provisions on no
other subject.” This language has been interpreted to defeat proviso language attached to
appropriations that have the effect of changing general law.
1
For this reason, when general law
changes are required to effectuate appropriations, those changes are placed in a general bill
implementing the appropriations act instead of in the general appropriations act. The statutory
changes are effective only for one year and either expire on July 1 of the next fiscal year or the
language of the amended statute reverts to the text that existed before the changes made by the
bill.
III. Effect of Proposed Changes:
Section 1 provides legislative intent that the implementing and administering provisions of this
act apply to the General Appropriations Act (GAA) for Fiscal Year 2022-2023.
Section 2 incorporates the Florida Education Finance Program (FEFP) work papers by reference
for the purpose of displaying the calculations used by the Legislature.
Section 3 provides that funds provided for instructional materials shall be released and expended
as required in the GAA.
1
Brown v. Firestone, 382 So.2d 654 (Fla. 1980); Chiles v. Milligan, 659 So.2d 1055 (Fla. 1995).
REVISED: BILL: SB 2502 Page 2
Section 4 revises language relating to charter school capital outlay funding. Specifically, the
revision provides that charter school capital outlay funding for Fiscal Year 2022-23 will consist
of state funds appropriated by the Legislature in the GAA. This change does not remove the
requirement that districts must share local millage revenues beginning in FY 2023-2024.
Section 5 provides that the amendments to s. 1013.62(1), F.S., expire July 1, 2023, and the text
of those sections reverts to that in existence on June 30, 2020.
Section 6 amends s. 1011.62(15), F.S., to maintain the Funding Compression and Hold Harmless
categorical within the FEFP, which provides additional funding for school districts whose total
funds per FTE in the prior year were less than the statewide average or whose district cost
differential decreased compared to the prior year.
Section 7 amends s. 1011.62(7)(a) and (b), F.S., to increase the number of FTE for the Sparsity
calculation from 24,000 to 30,000 FTE.
Section 8 provides that the amendments to s. 1011.62(7)(a) and (b), F.S., expire July 1, 2023,
and the text of those sections reverts to that in existence on June 30, 2022.
Section 9 reenacts s. 1001.26(1), F.S., to allow public colleges or universities that are not part of
the public broadcasting program system to qualify to receive state funds.
Section 10 provides that the amendments to s. 1001.26(1), F.S., expire July 1, 2023, and the text
of those sections reverts to that in existence on June 30, 2018.
Section 11 amends s. 1011.80(7)(b), F.S., to extend the existing incentive funding model for
district workforce education industry certifications for another year.
Section 12 amends s. 1011.81(2)(b), F.S., to extend the existing incentive funding model for
Florida College System industry certifications for another year.
Section 13 provides that the amendments to ss. 1011.80(7)(b) and 1011.81(2)(b), F.S., expire
July 1, 2023, and the text of those sections reverts to that in existence on June 30, 2022.
Section 14 creates s. 1004.6496, F.S., to authorize the Board of Trustees of the University of
Florida to use funds provided in the GAA to establish the Hamilton Center for Classical and
Civic Education as an academic unit within the University of Florida. The purpose of the center
is to support teaching and research concerning the ideas, traditions, and texts that form the
foundations of western and American civilization.
Section 15 authorizes the Agency for Health Care Administration (AHCA) to submit a budget
amendment to realign funding between the AHCA and the Department of Health (DOH) for the
Children’s Medical Services (CMS) Network for the implementation of the Statewide Medicaid
Managed Care program, to reflect actual enrollment changes due to the transition from fee-for-
service into the capitated CMS Network.
BILL: SB 2502 Page 3
Section 16 authorizes the AHCA to submit a budget amendment to realign funding priorities
within the Medicaid program appropriation categories to address any projected surpluses and
deficits.
Section 17 authorizes the AHCA and the DOH to each submit a budget amendment to realign
funding within the Florida KidCare program appropriation categories, or to increase budget
authority in the Children’s Medical Services Network category, to address projected surpluses
and deficits within the program or to maximize the use of state trust funds. A single budget
amendment must be submitted by each agency in the last quarter of the 2022-2023 fiscal year
only.
Section 18 amends s. 381.986(17), F.S., to provide that the DOH is not required to prepare a
statement of estimated regulatory costs when promulgating rules relating to medical marijuana
testing laboratories, and any such rules adopted prior to July 1, 2023, are exempt from the
legislative ratification provision of s. 120.541(3), F.S.
Section 19 amends s. 381.988(11), F.S., to provide that the DOH is not required to prepare a
statement of estimated regulatory costs when promulgating rules relating to medical marijuana
testing laboratories, and any such rules adopted prior to July 1, 2023, are exempt from the
legislative ratification provision of s. 120.541(3), F.S.
Section 20 amends s. 14(1) of Chapter 2017-232, L.O.F., to provide limited emergency
rulemaking authority to the DOH and applicable boards to adopt emergency rules to implement
the Medical Use of Marijuana Act (2017). The department and applicable boards are not required
to prepare a statement of estimated regulatory costs when promulgating rules to replace
emergency rules, and any such rules are exempt from the legislative ratification provision of
s. 120.541(3), F.S., until July 1, 2023.
Section 21 provides that the amendments to s. 14(1) of Chapter 2017-232, L.O.F., expire on
July 1, 2023, and the text of that provision reverts back to that in existence on June 30, 2019.
Section 22 allows the Department of Children and Families (DCF) to submit a budget
amendment to realign funding within appropriations between the Guardianship Assistance
Program, the Non-relative Caregiver Program and the Temporary Cash Assistance Program, as
necessary, to meet caseload demand.
Section 23 allows the DCF to submit a budget amendment to realign funding within the Family
Safety Program to maximize the use of Title IV-E and other federal funds.
Section 24 allows the DCF to submit budget amendments to realign funding between
appropriation categories to support contracted staffing equivalents to sustain forensic bed
capacity and resident-to-workforce ratios at the state's mental health treatment facilities.
Section 25 authorizes DOH to submit a budget amendment to increase budget authority for the
HIV/AIDS Prevention and Treatment Program if additional federal revenues become available.
BILL: SB 2502 Page 4
Section 26 authorizes DOH to submit a budget amendment to increase budget authority for
COVID-19 relief funds if additional federal funds become available in the 2022-2023 fiscal year.
Section 27 amends s. 42(1) through (5) of Chapter 2020-114, L.O.F., to require AHCA to
replace the current Florida Medicaid Management Information System and provides
requirements of the system. This section also establishes the executive steering committee (ESC)
membership, duties and the process for ESC meetings and decisions. Additionally, this section
provides requirements for deliverables based fixed price contracts.
Section 28 requires the AHCA to, in consultation with the DOH, APD, DCF, and DOC,
competitively procure a contract with a vendor to negotiate prices for prescription drugs,
including insulin and epinephrine, for all participating agencies. The contract must also allow for
the direct purchase of such drugs for participating agencies when possible.
Section 29 amends s. 216.262(4), F.S., to allow the Department of Corrections (DOC) to request
additional positions and appropriations from unallocated general revenue during the 2022-2023
fiscal year if the actual inmate population of the DOC exceeds certain Criminal Justice
Estimating Conference forecasts. The additional positions and appropriations may be used for
essential staff, fixed capital improvements, and other resources to provide classification, security,
food services, health services, and other variable expenses within the institutions to
accommodate the estimated increase in the inmate population, and are subject to LBC review
and approval.
Section 30 amends s. 1011.80(8)(b), F.S., to authorize the Department of Corrections to use state
funds appropriated specifically for postsecondary education of inmates through CareerSource
Florida.
Section 31 provides that the amendments to s. 1011.80(8)(b), F.S., expire July 1, 2023, and the
text of that section reverts to that in existence on July 1, 2019.
Section 32 amends s. 215.18(2), F.S. to provide chief justice the authority to request a trust fund
loan.
Section 33 requires the Department of Juvenile Justice to review county juvenile detention
payments to ensure that counties are fulfilling their financial responsibilities. If the department
determines that a county has not met its obligations, Department of Revenue must deduct the
amount owed to the Department of Juvenile Justice from shared revenue funds provided to the
county under s. 218.23, F.S.
Section 34 reenacts s. 27.40(1), (2)(a), (3)(a), (5), (6), and (7), F.S., to continue to require written
certification of conflict by the public defender or regional conflict counsel before a court may
appoint private conflict counsel.
Section 35 provides that the amendments to s. 27.40(1), (2)(a), (3)(a), (5), (6), and (7), F.S.,
expire July 1, 2023, and the text of that section reverts to that in existence on July 1, 2019.
BILL: SB 2502 Page 5
Section 36 amends s. 27.5304(13), F.S. to create a rebuttable presumption of correctness for
objections to billings made by the Justice Administrative Commission and provides requirements
for payments to private counsel.
The bill also reenacts s. 27.5304(1), (3), (7), (11), (12), (a) through (e), F.S., to increase caps for
compensation of court appointed counsel in criminal cases.
Section 37 provides that the amendments to s. 27.5304(1), (3), (7), (11), and (12)(a) through (e),
F.S., expire July 1, 2023, and the text of that section reverts to that in existence on June 30, 2019.
Section 38 provides that, notwithstanding ss. 216.181 and 216.292, F.S., the Department of
Financial Services is authorized to submit a budget amendment to increase the category to pay
for the implementation of a new data warehouse.
Section 39 provides that, notwithstanding ss. 216.181 and 216.292, F.S., the Department of
Lottery is authorized to submit a budget amendment to increase the appropriation for the
implementation of a new prize payment system.
Section 40 requires the Department of Management Services (DMS) and agencies to utilize a
tenant broker to renegotiate private lease agreements, in excess of 2,000 square feet, expiring
between July 1, 2023 and June 30, 2025. Reports are required to be submitted by November 1,
2022.
Section 41 notwithstands s. 216.292(2)(a), F.S., which authorizes transfers of up to 5 percent of
approved budget between categories. This section prohibits an agency from transferring funds
from a data processing category to another category.
Section 42 authorizes the Executive Office of the Governor (EOG) to transfer funds in the
specific appropriation category “Northwest Regional Data Center” between agencies, in order to
align the budget authority that must be paid by each agency for the 2022-2023 fiscal year.
Section 43 authorizes the EOG to transfer funds in the appropriation category “Special
Categories-Risk Management Insurance” between departments in order to align the budget
authority granted with the premiums paid by each department for risk management insurance.
Section 44 authorizes the EOG to transfer funds in the appropriation category “Special
Categories - Transfer to DMS - Human Resources Services Purchased per Statewide Contract”
of the GAA for Fiscal Year 2022-2023 between departments, in order to align the budget
authority granted with the assessments that must be paid by each agency to the DMS for human
resources management services.
Section 45 amends s. 72(1) through (5) of chapter 2020-114, Laws of Florida, to define the
components of the Florida Accounting Information Resource subsystem (FLAIR) and Cash
Management System (CMS) included in the Department of Financial Services Planning
Accounting and Ledger Management (PALM) system. This section also provides the executive
steering committee membership and the procedures for executive steering committee meetings
and decisions. BILL: SB 2502 Page 6
Section 46 amends s. 215.18(3), F.S. to authorize loans to land acquisition trust funds.
Section 47 provides that, in order to implement specific appropriations from the land acquisition
trust funds within the Department of Agriculture and Consumer Services, the DEP, the Fish and
Wildlife Conservation Commission, and the Department of State, the DEP will transfer a
proportionate share of revenues in the Land Acquisition Trust Fund within the DEP on a monthly
basis, after subtracting required debt service payments, to each agency and retain a proportionate
share within the Land Acquisition Trust Fund within the DEP. Total distributions to a land
acquisition trust fund within the other agencies may not exceed the total appropriations for the
fiscal year. The section further provides that DEP may advance funds from the beginning
unobligated fund balance in the Land Acquisition Trust Fund to LATF within the Fish and
Wildlife Conservation Commission for cash flow purposes.
Section 48 amends s. 576.045, F.S., to extend the repeal date for the following supplemental
fees:
One hundred dollars for each license to distribute fertilizer.
One hundred dollars for each specialty fertilizer registration.
Fifty cents per ton for all fertilizer that contains nitrogen or phosphorous that is sold in this
state.
Section 49 amends s. 375.041(3)(b), F.S., to provide that the distribution from the Land
Acquisition Trust Fund for restoration of Lake Apopka for the 2022-2023 fiscal year does not
occur.
Section 50 amends s. 376.3071(15)(g), F.S., to revise the requirements for the usage of the trust
fund for ethanol or biodiesel damage.
Section 51 provides that the amendment to s. 376.3071(15)(g), F.S., expires July 1, 2023, and
the text of that section reverts to that in existence on June 30, 2020.
Section 52 reenacts s. 282.709(3), F.S., to carry forward the Department of Management
Services’ (DMS) authority to execute a 15-year contract with the Statewide Law Enforcement
Radio system (SLERS) operator.
Section 53 provides that the amendment to s. 282.709(3), F.S., expires July 1, 2023, and the text
of that section reverts to that in existence on June 30, 2021.
Section 54 authorizes state agencies and other eligible users of SLERS to, notwithstanding
s. 287.057, F.S., use the DMS SLERS contract for the purchase of equipment and services
related to SLERS.
Section 55 provides that in order to expedite the closure of the Piney Point facility located in
Manatee County, the DEP is exempt from the competitive procurement requirements of s.
287.057, F.S., for any procurement of commodities or contractual services in support of the site
closure or to address the environmental impacts associated with the system failure.
BILL: SB 2502 Page 7
Section 56 amends s. 321.04(3)(b) and (5), F.S., to provide that for the 2022-2023 fiscal year,
the Department of Highway Safety and Motor Vehicles may assign a patrol officer to a Cabinet
member if the department deems such assignment appropriate or if requested by such Cabinet
member in response to a threat. Additionally, the Governor may request the department to assign
one or more highway patrol officers to the Lieutenant Governor for security services.
Section 57 extends repeal date for Hurricane Loss Mitigation Program for one year.
Section 58 amends s. 288.80125(3), F.S., to allow funds to be used for the Rebuild Florida
Revolving Loan Fund Program to provide assistance to businesses impacted by Hurricane
Michael as provided in the GAA.
Section 59 amends s. 339.08, F.S., to require funds to appropriated to the State Transportation
Trust Fund from the General Revenue Fund to be used as provided in the General Appropriations
Act, excludes such funds from certain calculations, and requires such funds to be separately
accounted and tracked.
Section 60 amends s. 339.135(7) (g) and (h), F.S., to authorize the chair and the vice chair of the
Legislative Budget Commission to approve, pursuant to s. 216.177, F.S., the work program
amendments that add a new project, or a phase of a new project, in excess of $3 million if the
commission does not meet or consider within 30 days of submittal, the amendment by the
Department of Transportation.
Section 61 amends s. 331.3101, F.S., to limit Space Florida's expenditures on entertainment and
lodging and require Space Florida to submit additional information in its annual report relating to
itemized expenses and information related to corrective actions taken by Space Florida to
address the findings in the 2022-049 Auditor General Report.
Section 62 amends s. 337.11, F.S., to direct the department to reduce the cost of design,
inspection, and construction in the Work Program and submit a report to the Governor and the
Legislature by December 31, 2022. This section authorizes the department to share up to
10 percent of the construction cost savings realized with consultants (design services and/or
construction engineering and inspection services) that were involved.
Section 63 requires priority to be provided to applications for projects in economic development
programs by the DEO that benefit the on-shoring of manufacturing to the state when such
prioritization is applicable to the scope of the economic development project.
Section 64 amends s. 112.061(4)(d), F.S., to permit a lieutenant governor who resides outside of
Leon County to designate an official headquarters in his or her county as his or her official
headquarter for purposes of s. 112.061,F.S. A lieutenant governor for whom an official
headquarters in his or her county of residence may be paid travel and subsistence expenses when
travelling between their official headquarters and the State Capitol to conduct state business.
Section 65 revises the DMS's authority relating to the procurement of HMOs, including
notwithstanding the requirement for metal plans. This section authorizes DMS to enter into BILL: SB 2502 Page 8
contracts that may require the payment of administrative fees not to exceed 110 percent of the
amount appropriated in the GAA.
Section 66 provides that no state agency may initiate a competitive solicitation for a product or
service if the completion of such competitive solicitation would require a change in law or
require a change to the agency's budget other than a transfer authorized in s. 216.292(2) or (3),
F.S., unless the initiation of such competitive solicitation is specifically authorized in law or in
the General Appropriations Act or by the Legislative Budget Commission.
Section 67 notwithstanding s. 11.13, F.S., maintains salaries of legislators at the same level as
July 1, 2010.
Section 68 reenacts s. 215.32(2)(b), F.S., in order to implement the transfer of moneys to the
General Revenue Fund from trust funds in the General Appropriations Act.
Section 69 provides that the amendment to s. 215.32(2)(b), F.S., expires July 1, 2023, and the
text of that section reverts to that in existence on June 30, 2011.
Section 70 provides that funds appropriated for travel by state employees be limited to travel for
activities that are critical to each state agency’s mission. The section prohibits funds from being
used to travel to foreign countries, other states, conferences, staff-training, or other
administrative functions unless the agency head approves in writing. The agency head is required
to consider the use of teleconferencing and electronic communication to meet needs of the
activity before approving travel.
Section 71 provides that funds appropriated for travel by state employees be limited to travel for
activities that are critical to each state agency’s mission. The section prohibits funds from being
used to travel to foreign countries, other states, conferences, staff-training, or other
administrative functions unless the agency head approves in writing. The agency head is required
to consider the use of teleconferencing and electronic communication to meet needs of the
activity before approving travel.
Section 72 prohibits a state agency from entering into a contract containing a nondisclosure
agreement that prohibits a contractor from disclosing information relevant to the performance of
the contract to members or staff of the Senate or House.
Section 73 reenacts s. 14.25, F.S., to authorize the Governor to award the "Governor's Medal of
Freedom" to any person who has made an especially meritorious contribution to the State of
Florida or other significant public or private endeavors.
Section 74 specifies that no section shall take effect if the appropriations and proviso to which it
relates are vetoed.
Section 75 provides that if any other act passed during the 2022 Regular Session contains a
provision that is substantively the same as a provision in this act, but removes or otherwise is not
subject to the future repeal applied by this act, the intent is for the other provision to take
precedence and continue to operate. BILL: SB 2502 Page 9
Section 76 provides that if any provision of this act is held invalid, the invalidity does not affect
other provisions or applications of the act which can be given effect without the invalid
provision.
Section 77 provides for a general effective date of July 1, 2022 (except as otherwise provided).
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.
E. Other Constitutional Issues:
None identified.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
Because SB 2502 implements provisions of SB 2500, the Senate Appropriations Bill for
Fiscal Year 2022-2023, no direct fiscal impacts are created by this bill.
VI. Technical Deficiencies:
None. BILL: SB 2502 Page 10
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends the following sections of the Florida Statutes: 14.35, 27.5304,
112.061, 215.559, 216.262, 215.18, 375.041, 321.04, 288.80125, 337.11, 331.3101, 339.135,
339.08, 381.988, 381.986, 576.405, 1011.62, 1011.80, 1011.81, and 1013.62.
This bill creates section 1004.6496 of the Florida Statutes.
This bill creates undesignated sections of Florida law.
This bill reenacts the following sections of the Florida Statutes: 1001.26, 27.40, 376.3071,
215.32, and 282.709.
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.