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: SPB 2502
INTRODUCER: For consideration by Appropriations Committee
SUBJECT: Implementing the 2021-2022 General Appropriations Act
DATE: March 30, 2021 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
Urban Sadberry Pre-meeting
I. Summary:
SPB 2502 provides the statutory authority necessary to implement and execute the General
Appropriations Act for Fiscal Year 2021-2022. Statutory changes are temporary and expire on
July 1, 2022.
The bill provides an effective date of July 1, 2021, except as otherwise provided.
II. Present Situation:
Article III, s. 12 of the Florida Constitution provides 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 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 2020-2021.
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).
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Section 4 amends s. 1011.62, F.S., to suspend the Decline in Full-Time Equivalent Students
allocation and modify the Funding Compression Allocation within the FEFP to provide
additional funding for school districts whose total funds per FTE in the prior year were less than
the statewide average.
Section 5 reenacts s. 1001.26, F.S., to continue to allow public colleges or universities that are
not part of the public broadcasting program system to qualify to receive state funds.
Section 6 provides that the amendments to s. 1001.26, F.S., expire on July 1, 2022, and the text
of that section reverts to that in existence on June 30, 2018.
Section 7 amends s. 1004.6495, F.S., to provide flexibility for the Florida Center for Students
with Unique Abilities to administer the Florida Postsecondary Comprehensive Training
Transition Program grants beyond the current limitations requiring grants to be used solely for
start-up and enhancements.
Section 8 amends s. 3, ch. 2020-28, Laws of Florida, relating to intercollegiate athlete
compensation and rights, to extend the effective date of the act to July 1, 2022.
Section 9 amends s. 1006.73, F.S., to provide that the Board of Governors and the Department of
Education will jointly oversee the Florida Postsecondary Academic Library Network to deliver
certain services to public postsecondary educational institutions.
Section 10 provides that the calculations of the Medicaid Disproportionate Share Hospital and
Hospital Reimbursement programs for the 2021-2022 fiscal year, which is contained in the
document titled “Medicaid Disproportionate Share Hospital and Hospital Reimbursement
Programs, Fiscal Year 2021-2022” dated March 26, 2021, and filed with the Secretary of the
Senate, are incorporated by reference for the purpose of displaying the calculations used by the
Legislature.
Section 11 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.
Section 12 authorizes the AHCA to submit a budget amendment to realign funding within the
Medicaid program appropriation categories to address projected surpluses and deficits within the
program and to maximize the use of state trust funds.
Section 13 authorizes the AHCA to submit a budget amendment to realign funding between the
AHCA and the DOH within the Florida KidCare program appropriation categories, or to increase
budget authority in the CMS Network category, to address projected surpluses and deficits
within the program or to maximize the use of state trust funds.
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Sections 14 amends 381.986, F.S., to provide that the 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, 2022, are exempt from the legislative
ratification provision of s. 120.541(3), F.S.
Section 15 amends 381.988, F.S., to provide that the 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, 2022, are exempt from the legislative
ratification provision of s. 120.541(3), F.S.
Section 16 amends s. 14(1) of ch. 2017-232, Laws of Florida, 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, 2022.
Section 17 provides that the amendments to s. 14(1) of ch. 2017-232, Laws of Florida, expire on
July 1, 2022, and the text of that provision reverts back to that in existence on June 30, 2019.
Section 18 authorizes the DCF to submit a budget amendment to realign funding within the DCF
based on the implementation of the Guardianship Assistance Program.
Section 19 authorizes the DOH to submit a budget amendment to increase budget authority for
the HIV/AIDS Prevention and Treatment Program if additional federal revenues specific to
HIV/AIDS prevention and treatment become available in the 2021-2022 fiscal year.
Section 20 requires AHCA to replace the current Florida Medicaid Management Information
System and provides requirements of the system. This section also establishes an executive
steering committee, membership, duties, and the processes and committee meetings and
decisions.
Section 21 amends s. 216.262, F.S., to allow the Executive Office of the Governor to request
additional positions and appropriations from unallocated general revenue funds during the 2021-
2022 fiscal year for the Department of Corrections (DOC), if the actual inmate population of the
DOC exceeds the Criminal Justice Estimating Conference forecasts of March 17, 2021. 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 Legislative Budget Commission review and
approval.
Section 22 amends s. 1011.80(8)(b), F.S., to authorize the expenditure of appropriations for the
education of state or federal inmates to the extent funds are specifically appropriated for
postsecondary workforce programs.
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Section 23 provides that the amendments to s. 1011.80(8)(b), F.S, expire on July 1, 2022, and
the text of that section reverts back to that in existence on July 1, 2019.
Section 24 amends s. 215.18, F.S., to provide the Chief Justice of the Florida Supreme Court the
authority to request a trust fund loan to ensure the state court system has sufficient funds to meet
its appropriations contained in the GAA for the 2021-2022 fiscal year.
Section 25 requires the Department of Juvenile Justice to ensure that counties are fulfilling their
financial responsibilities required in s. 985.6865, F.S., and to report any deficiencies to the
Department of Revenue. If the Department of Juvenile Justice determines that a county has not
met its obligations, it must direct the Department of Revenue to deduct the amount owed to the
Department of Juvenile Justice from shared revenue funds provided to the county under s.
218.23, F.S to be deposited into the Shared County/State Juvenile Detention Trust Fund in
Department of Juvenile Justice. The section also includes procedures to provide assurance to
holders of bonds for which shared revenue fund distributions are pledged.
Section 26 reenacts s. 27.40, 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 27 amends s. 27.5304(13), F.S., to continue the creation of a rebuttable presumption of
correctness for objections to billings made by the Justice Administrative Commission and
provision of requirements for payments to private counsel and reenacts s. 27.5304(1), (3), (7),
and (11), and 12(a)-(e), F.S., to continue the increase on caps for compensation of court
appointed counsel in criminal cases.
Section 28 provides that the amendments to s. 27.40(1), (2)(a), (3)(a), (5), (6), (7), and (11), F.S.,
and s. 27.5304(1), (3), (7), (11), and (12)(a) – (e) expire on July 1, 2022, and the text of those
provisions reverts to that in existence on June 30, 2019.
Section 29 creates s. 27.403, F.S., to create the cross-jurisdictional death penalty pilot program
within the office of criminal conflict and civil regional counsel for the region comprising the
Second Appellate District. Under the pilot program if the public defender in the Fifth Judicial
Circuit or the Ninth Judicial Circuit is unable to provide representation to an indigent defendant
charged with certain crimes due to a conflict of interest, the criminal conflict and civil regional
counsel for the region comprising the Second Appellate District shall be appointed.
Section 30 requires clerks to pay costs of compensation to jurors, for meals or lodging provided
to jurors, and for jury-related personnel costs that exceed funding in the GAA for these purposes.
Section 31 reenacts 20.316, F.S., to continue the creation of the Accountability and Program
Support Program in the Department of Juvenile Justice.
Section 32 provides that the amendments to s. 20.316(2) and (3), F.S., expire July 1, 2022 and
the text of that section shall revert to that in existence on June 30, 2020.
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Section 33 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
before June 30, 2024.
Section 34 prohibits an agency from transferring funds from a data processing category to any
category other than another data processing category.
Section 35 authorizes the Executive Office of the Governor (EOG) to transfer funds in the
specific appropriation category “Data Processing Assessment – Department of Management
Service” between agencies, in order to align the budget authority granted with the assessments
that must be paid by each agency to the DMS.
Section 36 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 37 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 2021-2022 fiscal year 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 38 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 39 amends s. 216.181(11)(d), F.S., to authorize the Legislative Budget Commission to
increase amounts appropriated to the Fish and Wildlife Conservation Commission or the
Department of Environmental Protection (DEP) for fixed capital outlay projects. The increase in
fixed capital outlay budget authority is authorized for funds provided to the state from the Gulf
Environmental Benefit Fund administered by the National Fish and Wildlife Foundation, the
Gulf Coast Restoration Trust Fund related to the Resources and Ecosystems Sustainability,
Tourist Opportunities, and Revived Economies of the Gulf Coast Act of 2012 (RESTORE Act),
or from British Petroleum Corporation (BP) for natural resources damage assessment early
restoration projects. Any continuing commitment for future appropriations by the Legislature
must be identified specifically.
Section 40 amends s. 215.18, F.S., to authorize the Governor to temporarily transfer moneys,
from one or more of the trust funds in the State Treasury, to a land acquisition trust fund (LATF)
within the Department of Agriculture and Consumer Services, the DEP, the Department of State,
or the Fish and Wildlife Conservation Commission, whenever there is a deficiency that would
render the LATF temporarily insufficient to meet its just requirements, including the timely
payment of appropriations from that trust fund. These funds must be expended solely and
exclusively in accordance with Art. X, s. 28 of the State Constitution. This transfer is a
temporary loan, and the funds must be repaid to the trust funds from which the moneys are
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loaned by the end of the 2020-2021 fiscal year. Any action proposed pursuant to this subsection
is subject to the notice, review, and objection procedures of s. 216.177, F.S., and the Governor
shall provide notice of such action at least seven days before the effective date of the transfer of
trust funds.
Section 41 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 42 amends s. 375.041(3)(b), F.S., to provide that the distribution from the Land
Acquisition Trust Fund for restoration of Lake Apopka is as specified in the GAA.
Section 43 reenacts s. 570.93(1)(a), F.S., to continue the revision of the agricultural water
conservation program to enable cost-share funds to continue to be used for irrigation system
retrofits and mobile irrigation lab evaluations. The revision also permits the funds to be
expended on additional wat