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 2024-2025 General Appropriations Act
DATE: February 1, 2024 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
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 (GAA) for Fiscal Year 2024-2025. Statutory changes are temporary and
expire on July 1, 2025.
The bill provides an effective date of July 1, 2025, 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 2024-2025.
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. 1002.68, F.S., to extend the timelines for the development and
implementation of methodology relating to performance metrics for VPK providers and removes
1
Brown v. Firestone, 382 So.2d 654 (Fla. 1980); Chiles v. Milligan, 659 So.2d 1055 (Fla. 1995).
BILL: SB 2502 Page 2
the provision that disqualifies VPK providers based on a failure to meet minimum program
assessment composite scores.
Section 4 provides that the amendments to s. 1002.68(4)(a), (c), and (f), (5), and (6)(d) and (e),
F.S., expire on July 1, 2025, and the text of that provision reverts back to that in existence on
June 30, 2023.
Section 5 amends s. 1011.62(4), F.S., to: (1) authorize the Department of Education (DOE) to
use the correct taxable value for fiscal year 2023-2024, per the Department of Revenue (DOR),
instead of the certified value from July in the third calculation for Wakulla County in order that
the FEFP calculates to provide Wakulla the full appropriated amount, back funded from state
funds; and (2) allow the third calculation taxable value to be used to avoid a Prior Period
Funding Adjustment.
Section 6 amends s. 1004.6495(10), F.S., to require the state board of education to, by August 1,
2024, establish a state Classification of Instructional Program code for the Florida Postsecondary
Comprehensive Transition Program.
Section 7 authorizes the Agency for Health Care Administration (AHCA) to submit budget
amendments as needed, notwithstanding ss. 216.181 and 216.292, F.S., to increase budget
authority to implement the home and community-based services Medicaid waiver program of the
Agency for Persons with Disabilities.
Section 8 authorizes the AHCA to submit a budget amendment requesting additional spending
authority to implement the Disproportionate Share Hospital Program.
Section 9 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 10 authorizes the AHCA to 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 in the last quarter of Fiscal Year 2024-2025.
Section 11 amends s. 381.986(17), F.S., to provide that the Department of Health (DOH) is not
required to prepare a statement of estimated regulatory costs when adopting rules relating to
medical marijuana testing laboratories, and any such rules adopted prior to July 1, 2025, 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, 2025.
Section 12 amends s. 14(1), ch. 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
BILL: SB 2502 Page 3
statement of estimated regulatory costs when promulgating rules to replace emergency rules, and
any such rules are exempt from the legislative ratification provision of ss. 120.54(3)(b) and
120.541, F.S., until July 1, 2025.
Section 13 provides that the amendments to s. 14(1), ch. 2017-232, L.O.F., expire on
July 1, 2025, and the text of that provision reverts back to that in existence on June 30, 2019.
Section 14 authorizes the AHCA to submit budget amendments 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 15 authorizes the AHCA to submit budget amendments to implement the federally
approved Directed Payment Program and fee-for-service supplemental payments for cancer
hospitals that meet certain federal criteria.
Section 16 authorizes the AHCA to submit a budget amendment, including specified
information, to implement the Low Income Pool Program.
Section 17 authorizes the 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.
Section 18 authorizes the AHCA to submit a budget amendment requesting budget authority for
emergency medical transportation services.
Section 19 allows the Department of Children and Families (DCF) to submit a budget
amendment to realign funding within DCF based on the implementation of the Guardianship
Assistance Program, including between guardianship assistance payments, foster care Level 1
board payments, and relative and nonrelative caregiver payments for current caseload.
Section 20 authorizes the DCF, DOH and AHCA to submit budget amendments to increase
budget authority as necessary to meet caseload requirements for Refugee Programs administered
by the federal Office of Refugee Resettlement. Requires the DCF to submit quarterly reports on
caseload and expenditures.
Section 21 authorizes the DCF to submit budget amendments to increase budget authority to
support the following federal grants: the Supplemental Nutrition Assistance Grant Program, the
Pandemic Electronic Benefit Transfer, the American Rescue Plan Grant, the State Opioid
Response Grant, the Substance Use Prevention and Treatment Block Grant, and the Mental
Health Block Grant.
Section 22 authorizes the DOH to submit a budget amendment to increase budget authority for
the Supplemental Nutrition Program for Women, Infants and Children (WIC) and the Child Care
Food Program if additional federal revenues become available.
BILL: SB 2502 Page 4
Section 23 authorizes the DOH to submit a budget amendment to increase budget authority for
the HIV/AIDS Prevention and Treatment Program if additional federal revenues become
available.
Section 24 authorizes the DOH to submit a budget amendment to increase budget authority for
DOH if additional federal revenues specific to COVID-19 become available.
Section 25 authorizes the balance of any appropriation from the General Revenue Fund for the
Pediatric Rare Disease Research Grant, which is not disbursed but which is obligated pursuant to
contract or committed to be expended by June 30 of the fiscal year in which the funds are
appropriated may be carried forward for up to 5 years after the effective date of the original
appropriation.
Section 26 requires the 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 the ESC meetings and
decisions. Provides requirements for deliverables-based fixed price contracts.
Section 27 requires the AHCA, in consultation with the DOH, Agency for Persons with
Disabilities (APD), DCF, and the Department of Corrections (DOC), to competitively procure a
contract with a vendor to negotiate prices for prescriptions drugs, including insulin and
epinephrine, for all participating agencies. The contract must require that 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 28 authorizes the APD to submit budget amendments to transfer funding from salaries
and benefits to contractual services in order to support additional staff augmentation at the
Developmental Disability Centers.
Section 29 authorizes the Florida Department of Veterans’ Affairs (DVA) to submit a budget
amendment to the Legislative Budget Commission if DVA projects that additional direct care
staff are needed to meet its established staffing ratio.
Section 30 amends s. 409.915(1), F.S., to provide that the term “state Medicaid expenditures”
does not include funds specially assessed by any local governmental entity and used as the
nonfederal share for the hospital Directed Payment Program after July 1, 2021.
Section 31 amends s. 216.262(4), F.S., to allow the Executive Office of the Governor (EOG) to
request additional positions and appropriations from unallocated general revenue during Fiscal
Year 2024-2025 for the Department of Corrections (DOC) if the actual inmate population of the
DOC exceeds certain Criminal Justice Estimating Conference forecasts. Subject to Legislative
Budget Commission (LBC) review and approval, 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.
BILL: SB 2502 Page 5
Section 32 amends s. 215.18(2), F.S., to provide the Chief Justice of the Supreme Court the
authority to request a trust fund loan.
Section 33 requires the Department of Juvenile Justice (DJJ) 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 DJJ from shared revenue funds provided to the county under s. 218.23, F.S.
Section 34 reenacts ss. 27.40(1), (2)(a), (3)(a), and (5)-(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)-(7), F.S., expire
July 1, 2025, and the text of that section reverts to that in existence on June 30, 2019.
Section 36 amends s. 27.5304(6) and (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. This section reenacts s. 27.5304(1), (3), (7), (11),
and (12)(a)-(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), (6), (7), (11), and (12)(a)-(e),
F.S., expire July 1, 2025, and the text of that section reverts to that in existence on June 30, 2019.
Section 38 amends s. 934.50(7)(f), F.S., notwithstanding subsection (7), to create the drone
replacement program within the Department of Law Enforcement; and authorize the department
to provide any drones turned in to the Florida Center for Cybersecurity for analysis.
Section 39 requires the Department of Management Services (DMS) and state agencies to utilize
a tenant broker to renegotiate private lease agreements that expire between July 1, 2025, and
June 30, 2027, and are in excess of 2,000 square feet, and to submit a report by
November 1, 2024.
Section 40 provides that, notwithstanding s. 216.292(2)(a), F.S., which authorizes transfers of up
to five percent of approved budget between categories, agencies may not transfer funds from a
data center appropriation category to a category other than a data center appropriation category.
Section 41 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 42 authorizes the EOG to transfer funds in the appropriation category “Special
Categories - Transfer to the DMS - Human Resources Services Purchased per Statewide
Contract” 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.
BILL: SB 2502 Page 6
Section 43 authorizes the DMS to use five percent of facility disposition funds from the
Architects Incidental Trust Fund to offset relocation expenses associated with the disposition of
state office buildings.
Section 44 authorizes the DMS, notwithstanding s. 253.025(4), F.S., to acquire additional state-
owned office buildings or property for inclusion in the Florida Facilities Pool.
Section 45 defines 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.
Section 46 reenacts s. 282.709(3), F.S., to carryforward the DMS’s authority to execute a 15-
year contract with the SLERs operator.
Section 47 provides that the text of s. 282.709(3), F.S., expires July 1, 2025, and the text of that
section reverts to that in existence on June 1, 2021.
Section 48 authorizes state agencies and other eligible users of the SLERS network to utilize the
DMS state SLERS contract for the purchase of equipment and services.
Section 49 authorizes a reduction of the MyFloridaMarketPlace (MFMP) transaction fee from
one percent to .70 percent for Fiscal Year 2024-2025.
Section 50 amends s. 717.123(3), F.S., effective upon becoming a law, to increase the cap under
which the Department of Financial Services is authorized to retain unclaimed property funds that
would otherwise be required to be distributed to the State School Fund.
Section 51 amends s. 120.80(13), F.S., to provide that for the 2024-2025 fiscal year, the Public
Service Commission (PSC) is exempt from rule ratification when regulatory assessment fees
adopted pursuant to ss. 350.113, 364.336, 366.14, 367.145, and 368.109, F.S., are set within
statutory limits.
Section 52 amends s. 215.18(3), F.S., to authorize loans to land acquisition trust funds within
several agencies.
Section 53 provides that, in order to implement specific appropriations from the land acquisition
trust funds within the Department of Agriculture and Consumer Services (DACS), the DEP, the
Fish and Wildlife Conservation Commission (FWC), and the Department of State (DOS), 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 proportionat