Senate Bill sb2118

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    Florida Senate - 2002                                  SB 2118

    By Senators Sullivan, Miller, Lee, Campbell and Crist





    22-1413-02

  1                      A bill to be entitled

  2         An act relating to cigarette taxes; amending s.

  3         210.20, F.S.; providing for a portion of the

  4         revenues from the cigarette tax to be paid

  5         monthly to the Board of Directors of the H. Lee

  6         Moffitt Cancer Center and Research Institute,

  7         to finance a cancer research facility at the

  8         University of South Florida; amending s.

  9         210.201, F.S.; providing for the use of the

10         transferred moneys; providing an effective

11         date.

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13  Be It Enacted by the Legislature of the State of Florida:

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15         Section 1.  Paragraph (b) of subsection (2) of section

16  210.20, Florida Statutes, is amended to read:

17         210.20  Employees and assistants; distribution of

18  funds.--

19         (2)  As collections are received by the division from

20  such cigarette taxes, it shall pay the same into a trust fund

21  in the State Treasury designated "Cigarette Tax Collection

22  Trust Fund" which shall be paid and distributed as follows:

23         (b)1.  Beginning January 1, 1999, and continuing for 10

24  years thereafter, the division shall from month to month

25  certify to the Comptroller the amount derived from the

26  cigarette tax imposed by s. 210.02, less the service charges

27  provided for in s. 215.20 and less 0.9 percent of the amount

28  derived from the cigarette tax imposed by s. 210.02 which

29  shall be deposited into the Alcoholic Beverage and Tobacco

30  Trust Fund, specifying an amount equal to 2.59 percent of the

31  net collections, and that amount shall be paid to the Board of

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    Florida Senate - 2002                                  SB 2118
    22-1413-02




  1  Directors of the H. Lee Moffitt Cancer Center and Research

  2  Institute, established under s. 240.512, by warrant drawn by

  3  the Comptroller upon the State Treasury. These funds are

  4  hereby appropriated monthly out of the Cigarette Tax

  5  Collection Trust Fund, to be used for the purpose of

  6  constructing, furnishing, and equipping a cancer research

  7  facility at the University of South Florida adjacent to the H.

  8  Lee Moffitt Cancer Center and Research Institute. In fiscal

  9  years 1999-2000 and thereafter with the exception of fiscal

10  year 2008-2009, the appropriation to the H. Lee Moffitt Cancer

11  Center and Research Institute authorized by this subparagraph

12  paragraph shall not be less than the amount that which would

13  have been paid to the H. Lee Moffitt Cancer Center and

14  Research Institute for fiscal year 1998-1999 had payments been

15  made for the entire fiscal year rather than for a 6-month

16  period thereof.

17         2.  Beginning July 1, 2002, and continuing through June

18  30, 2004, the division shall, in addition to the distribution

19  authorized in subparagraph 1., from month to month certify to

20  the Comptroller the amount derived from the cigarette tax

21  imposed by s. 210.02, less the service charges provided in s.

22  215.20 and less 0.9 percent of the amount derived from the

23  cigarette tax imposed by s. 210.02, which shall be deposited

24  into the Alcoholic Beverage and Tobacco Trust Fund, specifying

25  an amount equal to 0.2632 percent of the net collections, and

26  that amount shall be paid to the Board of Directors of the H.

27  Lee Moffitt Cancer Center and Research Institute, established

28  under s. 240.512, by warrant drawn by the Comptroller.

29  Beginning July 1, 2004, and continuing through June 30, 2016,

30  the division shall, in addition to the distribution authorized

31  in subparagraph 1., from month to month certify to the

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    Florida Senate - 2002                                  SB 2118
    22-1413-02




  1  Comptroller the amount derived from the cigarette tax imposed

  2  by s. 210.02, less the service charges provided in s. 215.20

  3  and less 0.9 percent of the amount derived from the cigarette

  4  tax imposed by s. 210.02, which shall be deposited into the

  5  Alcoholic Beverage and Tobacco Trust Fund, specifying an

  6  amount equal to 1.47 percent of the net collections, and that

  7  amount shall be paid to the Board of Directors of the H. Lee

  8  Moffitt Cancer Center and Research Institute, established

  9  under s. 240.512, by warrant drawn by the Comptroller. These

10  funds are appropriated monthly out of the Cigarette Tax

11  Collection Trust Fund, to be used for the purpose of

12  constructing, furnishing, and equipping a cancer research

13  facility at the University of South Florida adjacent to the H.

14  Lee Moffitt Cancer Center and Research Institute. In fiscal

15  year 2004-2005 and thereafter, the appropriation to the H. Lee

16  Moffitt Cancer Center and Research Institute authorized by

17  this subparagraph shall not be less than the amount that would

18  have been paid to the H. Lee Moffitt Cancer Center and

19  Research Institute in fiscal year 2001-2002 if this

20  subparagraph had been in effect.

21         Section 2.  Section 210.201, Florida Statutes, is

22  amended to read:

23         210.201  Cancer research facility at the University of

24  South Florida; establishment; funding.--The Board of Directors

25  of the H. Lee Moffitt Cancer Center and Research Institute

26  shall construct, furnish, and equip, and shall covenant to

27  complete, the cancer research facility at the University of

28  South Florida adjacent to the H. Lee Moffitt Cancer Center and

29  Research Institute.  Moneys transferred to the Board of

30  Directors of the H. Lee Moffitt Cancer Center and Research

31  Institute pursuant to s. 210.20 shall be used to secure

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    Florida Senate - 2002                                  SB 2118
    22-1413-02




  1  financing to pay costs related to constructing, furnishing,

  2  and equipping the cancer research facility.  Such financing

  3  may include the issuance of tax exempt bonds by a local

  4  authority, municipality, or county pursuant to parts II and

  5  III of chapter 159.  Such bonds shall not constitute state

  6  bonds for purposes of s. 11, Art. VII of the State

  7  Constitution, but shall constitute bonds of a "local agency,"

  8  as defined in s. 159.27(4). The cigarette tax dollars pledged

  9  to this facility pursuant to s. 210.20 may shall be replaced

10  annually by the Legislature from tobacco litigation settlement

11  proceeds.

12         Section 3.  This act shall take effect upon becoming a

13  law.

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16                          SENATE SUMMARY

17    Provides for a portion of the revenues from the cigarette
      tax to be paid monthly to the Board of Directors of the
18    H. Lee Moffitt Cancer Center and Research Institute, to
      finance a cancer research facility at the University of
19    South Florida. Provides for the use of the transferred
      moneys.
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