HOUSE OF REPRESENTATIVES STAFF FINAL BILL ANALYSIS
BILL #: HB 5003 PCB APC 23-02 Implementing the 2023-2024 General Appropriations Act
SPONSOR(S): Appropriations Committee, Leek
TIED BILLS: IDEN./SIM. BILLS: SB 2502
FINAL HOUSE FLOOR ACTION: 105 Y’s 5 N’s GOVERNOR’S ACTION: Pending
SUMMARY ANALYSIS
HB 5003 passed the House on May 5, 2023, as SB 2502, as amended by the conference committee.
The bill provides the statutory authority necessary to implement and execute the General Appropriations Act
(GAA) for Fiscal Year 2023-2024. The statutory changes are effective for only one year and either expire on
July 1, 2024, or revert to the language as it existed before the changes made by the bill.
Because this bill implements provisions of the General Appropriations Act for Fiscal Year 2023-2024, there are
no direct fiscal impacts created by this bill.
Subject to the Governor’s veto powers, the effective date of this bill is July 1, 2023, except as otherwise
provided.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives .
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 I. SUBSTANTIVE INFORMATION
A. EFFECT OF CHANGES:
Background
Article III, section 12 of the Florida Constitution states that “[l]aws 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 amending general law. 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 (GAA). The changes made in the “implementing bill” are effective
for only one year and either expire on July 1 of the next fiscal year or revert to the language as it
existed before the changes made by the bill.
Effect of the Bill
Section 1 provides legislative intent that the implementing and administering provisions of the bill apply
to the GAA for Fiscal Year 2023-2024.
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 amends s. 1009.895, F.S., to add student eligibility requirements for programs in which the
student must be enrolled and provides 100 percent award for tuition and fees and a stipend of up to
$1,500 for expenses related to cost of attendance. Amends specifications for funds distribution and
reporting requirements. Specifies that the program be will administered by participating institutions in
accordance with rules of the State Board of Education.
Section 4 provides that the amendments to s. 1009.895, F.S., expire July 1, 2024, and the text of that
section reverts to that in existence on June 30, 2023.
Section 5 amends s. 1002.68(4),(5), & (6), F.S., to extend the timelines for the development and
implementation of methodology relating to performance metrics for voluntary prekindergarten (VPK)
providers. Removes the provision that disqualifies VPK providers based on a failure to meet minimum
program assessment composite scores.
Section 6 provides that the amendments to s. 1002.68(4)(a),(f), (5) & (6)(e), F.S., expire July 1, 2024,
and the text of those sections reverts to that in existence on June 30, 2023.
Section 7 authorizes the Agency for Health Care Administration (AHCA) and the Departent of Health
(DOH) to submit a budget amendment to realign funding within and between agencies based on the
implementation of the Managed Medical Assistance component of the Statewide Medicaid Managed
Care program for the Children's Medical Services program within DOH. The funding realignment must
reflect the actual enrollment changes due to the transfer of beneficiaries from fee-for-service to the
capitated Children’s Medical Services Network. Also authorizes AHCA to submit a request for non-
operating budget authority to transfer the federal funds to DOH, pursuant to s. 216.181(12), F.S.
Section 8 authorizes AHCA to submit a budget amendment, subject to s. 216.177, F.S., to realign
funding in the Medicaid program appropriation categories to address projected surpluses and deficits
and to maximize use of state trust funds.
Section 9 authorizes AHCA and 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
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 Medical Services Network category, to address projected surpluses and deficits within the program or
to maximize the use of state trust funds.
Section 10 amends s. 381.986, F.S., to provide that 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, 2024, are exempt from the legislative ratification provision of
ss. 120.54(3)(b) and 120.541, F.S. Medical marijuana treatment centers are authorized to use a
laboratory that has not been certified by the department until rules relating to medical marijuana testing
laboratories are adopted by the department, but no later than July 1, 2024.
Section 11 amends s. 14(1) of ch. 2017-232, L.O.F., to provide emergency rulemaking authority to
DOH to adopt rules necessary to implement provisions of s. 381.986, F.S., and to provide that rules
adopted under the nonemergency rulemaking procedures of the APA to replace emergency rules
adopted under s. 14 of ch. 2017-232, L.O.F., are exempt from the legislative ratification provisions of
ss. 120.54(3)(b) and 120.541, F.S.
Section 12 provides that the amendments to s. 14(1) of ch. 2017-232, L.O.F., expire on July 1, 2024,
and the text of that provision reverts back to that in existence on June 30, 2019.
Section 13 authorizes AHCA to submit a budget amendment to implement the federally approved
Directed Payment Program for hospitals statewide, the Indirect Medical Education Program, and a
nursing workforce expansion and education program.
Section 14 authorizes AHCA to submit a budget amendment to implement the federally approved
Directed Payment Program and fee-for-service supplemental payments for cancer hospitals that meet
certain federal criteria and provides an extension for Fiscal Year 2022-2023 Letters of Agreement.
Section 15 authorizes AHCA to submit a budget amendment that includes specific information to
implement the Low Income Pool Program.
Section 16 authorizes AHCA to submit a budget amendment to implement fee-for-service supplemental
payments and a directed payment program for physicians and subordinate licensed health care
practitioners employed by or under contract with a Florida medical or dental school or a public hospital
and provides an extension for Fiscal Year 2022-2023 Letters of Agreement.
Section 17 authorizes AHCA to submit a budget amendment to establish budget authority for public
emergency transportation services.
Section 18 authorizes the Department of Children and Families (DCF) to submit a budget amendment,
subject to the notice, review, and objection procedures of s. 216.177, F.S., to realign funding within
DCF based on the implementation of the Guardianship Assistance Program, between the specific
appropriations for guardianship assistance payments, foster care Level 1 room and board payments,
relative caregiver payments, and nonrelative caregiver payments.
Section 19 authorizes DCF, DOH, & AHCA to submit budget amendments to increase budget authority
to support Refugee Programs administered by the federal Office of Refugee Resettlement based on
programmatic need. DCF must submit quarterly reports to the Executive Office of the Governor, the
President of the Senate, and the Speaker of the House of Representatives on the number of refugees
entering Florida, the nations of origin and current expenditure projections.
Section 20 authorizes DCF to submit a budget amendment, subject to the notice, review, and objection
procedures of s. 216.177, F.S., to increase budget authority to support the following federal grant
programs: the Supplemental Nutrition Assistance Grant Program, Pandemic Electronic Benefit Transfer
(P-EBT), the American Rescue Plan Grant, the State Opioid Response Grant, the Substance Abuse
Prevention and Treatment Block Grant, and the Mental Health Block Grant.
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 Section 21 authorizes DOH to submit a budget amendment, subject to the notice, review, and objection
procedures of s. 216.177, F.S., to increase budget authority for the department if additional federal
grant revenues specific to the Women, Infants, and Children (WIC) program and the Child Care Food
program become available.
Section 22 authorizes DOH to submit a budget amendment, subject to the notice, review, and objection
procedures of s. 216.177, F.S., to increase budget authority for the HIV/AIDS Prevention and
Treatment Program if additional federal revenues specific to the program become available in Fiscal
Year 2023-2024.
Section 23 authorizes DOH to submit a budget amendment, subject to the notice, review, and objection
procedures of s. 216.177, F.S., to increase budget authority for the department if additional federal
revenues specific to COVID-19 relief funds become available in the 2023-2024 fiscal year.
Section 24 requires AHCA to replace the current Florida Medicaid Management Information System
and provides requirements of the system (FX). This section establishes the executive steering
committee membership, including updated titles to reflect AHCA reorganization, duties and the process
for steering committee meetings and decisions. Provides requirements for deliverables-based fixed
price contracts.
Section 25 requires ACHA, in consultation with DOH, APD, DCF,and DOC, to competitively procure a
contract with a vendor to negotiate prices for prescription drugs, including insulin and epinephrine, for
all participating agencies. The contract must require the vendor be compensated on a contingency
basis paid from a portion of the savings achieved through the negotiation and purchase of prescription
drugs.
Section 26 provides that the Agency for Persons with Disabilities, notwithstanding ss. 216.181 and
216.292, F.S., may submit budget amendments, subject to the notice, review, and objection procedures
of s. 216.177, F.S., to transfer funding from the Salaries and Benefits appropriation categories to
categories used for contractual services in order to support additional staff augmentation resources
needed at the Developmental Disability Centers.
Section 27 excludes from the state Medicaid expenditures specially assessed funds for the Directed
Payment Program when calculating county Medicaid billings.
Section 28 amends s. 216.262, F.S. to allow the Executive Office of the Governor (EOG) to request
additional positions and appropriations from unallocated general revenue during the fiscal year for the
Department of Corrections (DOC) if the actual inmate population of 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 29 amends s. 215.18, F.S. to provide chief justice the authority to request a trust fund loan.
Section 30 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 31 reenacts s. 27.40, F.S., to require written certification of conflict by a public defender. If the
office of criminal conflict and civil regional counsel cannot accept a case from the public defender due
to conflict, the office of civil regional counsel is required to specifically identify and describe the conflict
of interest and certify the conflict to the court before a court-appointed counsel may be assigned.
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 Contracts with appointed counsel and forms for use in billing must be consistent with ss. 27.5304 and
216.311. The contract must specify that payment is contingent upon an appropriation by the
Legislature. The flat fee established in s. 27.5304, F.S. is required to be presumed to be sufficient
compensation.
The Justice Administrative Commission (JAC) is required to review appointed counsel billings, and
objections by the JAC are required to be presumed correct unless a court determines, in writing, that
competent and substantial evidence exists to justify overcoming the presumption. If an attorney does
not permit the JAC or the Auditor General to review billing documentation, the attorney waives the claim
for attorney fees. A finding by the JAC that the appointed counsel waived the right to seek
compensation above the flat fee is required to be presumed correct, unless a court determines, in
written findings, that competent and substantial evidence exists to overcome the presumption.
Section 32 provides that the amendments to s. 27.40(1),(2)(a),(3)(a) and (5)-(7), F.S., expire July 1,
2024, and the text of that section reverts to that in existence on June 30, 2019.
Section 33 reenacts and amends s. 27.5304, F.S. to increase caps for compensation of court appointed
counsel in criminal cases. Court-appointed counsel may be compensated only in compliance with s.
27.40(1), (2)(a), (6), (7), this section, and the GAA. The JAC is required to review all billings and must
contemporaneously document its review before authorizing payment to an attorney. Objections by the
JAC to billings by an attorney are required to be presumed correct by a court unless the court
determines, in writing, that competent and substantial evidence supports overcoming the presumption.
Motions to exceed the flat fee are required to be served on the JAC at least 20 business days before
the hearing date, and the JAC may appear at the hearing in person or telephonically.
Section 34 provides that the amendments to s. 27.5304(1), (3), (6), (7), (11), and (12)(a)-(e), F.S.,
expire July 1, 2024, and the text of that section reverts to that in existence on June 30, 2019.
Section 35 requires the Department of Management Services (DMS) and agencies to utilize a tenant
broker to renegotiate private lease agreements for office or storage space, in excess of 2,000 square
feet, expiring between July 1, 2024 and June 30, 2026.
Section 36 notwithstands s. 216.292(2)(a), F.S., which authorizes transfers of up to 5 percent of
approved budget between categories. Agencies will be prohibited from transferring funds from a data
center appropriation category to a category other than a data center appropriation category.
Section 37 authorizes the Executive Office of the Governor 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 38 authorizes the Executive Office of the Governor to transfer funds in the appropriation
category "Special Categories-Transfer to Department of Management Services-Human Resources
Services Purchased Per Statewide Contract" of the GAA between departments in order to align the
budget authority granted with the assessments that must be paid by each agency to DMS for human
resources management services.
Section 39 authorizes DMS to use 5% of facility disposition funds after selling a state office building to
offset relocation expenses associated with the disposition of state office buildings.
Section 40 notwithstands s. 253.025(4), F.S., to authorize DMS to acquire additional state-owned office
buildings, as defined in s. 255.248, F.S., for inclusion in the Florida Facilities Pool as created in s.
255.505, F.S.
Section 41 provides scope of FLAIR replacement project and specifies governance structure.
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 Section 42 reenacts s. 282.709, F.S., to carryforward the authority for DMS to execute a 15-year
contract with the SLERs operator.
Section 43 provides that the text of s. 282.709(3), F.S., expires July 1, 2024, and the text of that section
reverts to that in existence on June 1, 2021.
Section 44 authorizes state agencies and other eligible users to use the DMS SLERS contract to
purchase equipment and services.
Section 45 reduces the transaction fee collected for use of the online procurement sy