Senate Bill sb0946c1

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    Florida Senate - 2007                            CS for SB 946

    By the Committee on Health Policy; and Senators Dawson and
    Joyner




    587-2377-07

  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 cancer research, treatment, and

  8         related facilities; amending s. 210.201, F.S.;

  9         providing for the use of the transferred

10         moneys; providing an effective date.

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

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

15  210.20, Florida Statutes, is amended to read:

16         210.20  Employees and assistants; distribution of

17  funds.--

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

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

20  in the State Treasury designated "Cigarette Tax Collection

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

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

23  years thereafter, the division shall from month to month

24  certify to the Chief Financial Officer the amount derived from

25  the cigarette tax imposed by s. 210.02, less the service

26  charges provided for in s. 215.20 and less 0.9 percent of the

27  amount derived from the cigarette tax imposed by s. 210.02,

28  which shall be deposited into the Alcoholic Beverage and

29  Tobacco Trust Fund, specifying an amount equal to 2.59 percent

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

31  Board of Directors of the H. Lee Moffitt Cancer Center and

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    Florida Senate - 2007                            CS for SB 946
    587-2377-07




 1  Research Institute, established under s. 1004.43, by warrant

 2  drawn by the Chief Financial Officer upon the State Treasury.

 3  These funds are hereby appropriated monthly out of the

 4  Cigarette Tax Collection Trust Fund, to be used for the

 5  purpose of constructing, furnishing, and equipping a cancer

 6  research facility at the University of South Florida adjacent

 7  to the H. Lee Moffitt Cancer Center and Research Institute. In

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

 9  fiscal year 2008-2009, the appropriation to the H. Lee Moffitt

10  Cancer Center and Research Institute authorized by this

11  subparagraph may shall not be less than the amount that would

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

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

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

15  period thereof.

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

17  30, 2004, the division shall, in addition to the distribution

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

19  the Chief Financial Officer the amount derived from the

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

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

22  derived from the cigarette tax imposed by s. 210.02, which

23  shall be deposited into the Alcoholic Beverage and Tobacco

24  Trust Fund, specifying an amount equal to 0.2632 percent of

25  the net collections, and that amount shall be paid to the

26  Board of Directors of the H. Lee Moffitt Cancer Center and

27  Research Institute, established under s. 1004.43, by warrant

28  drawn by the Chief Financial Officer. Beginning July 1, 2004,

29  and continuing through June 30, 2016, the division shall, in

30  addition to the distribution authorized in subparagraph 1.,

31  from month to month certify to the Chief Financial Officer the

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    Florida Senate - 2007                            CS for SB 946
    587-2377-07




 1  amount derived from the cigarette tax imposed by s. 210.02,

 2  less the service charges provided for in s. 215.20 and less

 3  0.9 percent of the amount derived from the cigarette tax

 4  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. 1004.43, by warrant drawn by the Chief Financial

10  Officer. These funds are appropriated monthly out of the

11  Cigarette Tax Collection Trust Fund, to be used for the

12  purpose of constructing, furnishing, and equipping a cancer

13  research facility at the University of South Florida adjacent

14  to the H. Lee Moffitt Cancer Center and Research Institute. In

15  fiscal years 2004-2005 and thereafter, the appropriation to

16  the H. Lee Moffitt Cancer Center and Research Institute

17  authorized by this subparagraph may shall not be less than the

18  amount that would have been paid to the H. Lee Moffitt Cancer

19  Center and Research Institute in fiscal year 2001-2002, had

20  this subparagraph been in effect.

21         3.  Beginning January 1, 2009, and continuing through

22  June 30, 2016, the division shall, in addition to the

23  distribution authorized in subparagraph 2., from month to

24  month certify to the Chief Financial Officer the amount

25  derived from the cigarette tax imposed by s. 210.02 less the

26  service charges provided in s. 215.20 and less 0.9 percent of

27  the amount derived from the cigarette tax imposed by s.

28  210.02, which shall be deposited into the Alcoholic Beverage

29  and Tobacco Trust Fund, specifying an amount equal to 2.59

30  percent of the net collections, and that amount shall be paid

31  to the Board of Directors of the H. Lee Moffitt Cancer Center

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    Florida Senate - 2007                            CS for SB 946
    587-2377-07




 1  and Research Institute by warrant drawn by the Chief Financial

 2  Officer. Beginning on July 1, 2016, and continuing through

 3  June 30, 2037, the division shall from month to month certify

 4  to the Chief Financial Officer the amount derived from the

 5  cigarette tax imposed by s. 210.02 less the service charges

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

 7  derived from the cigarette tax imposed by s. 210.02, which

 8  shall be deposited into the Alcoholic Beverage and Tobacco

 9  Trust Fund, specifying an amount equal to 4.06 percent of the

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

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

12  Institute by warrant drawn by the Chief Financial Officer.

13  These funds are appropriated monthly out of the Cigarette Tax

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

15  constructing, furnishing, and equipping cancer research,

16  treatment, and related facilities. In the 2007-2008 fiscal

17  year and thereafter, the appropriation authorized by this

18  subparagraph may not be less than the amount that would have

19  been paid to the H. Lee Moffitt Cancer Center and Research

20  Institute in the 2005-2006 fiscal year had this subparagraph

21  been in effect. The funds to be paid to the H. Lee Moffitt

22  Cancer Center and Research Institute under this section may be

23  pledged to pay bonds issued to fund the cost of the cancer

24  research and treatment facilities described above. It is the

25  intent of the Legislature that to the extent the cigarette tax

26  is amended or repealed in a manner that would adversely affect

27  bonds issued for such purpose, the Legislature will provide

28  alternative funding sources in an amount sufficient to pay any

29  deficit in the amount required for such debt service.

30         Section 2.  Section 210.201, Florida Statutes, is

31  amended to read:

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    Florida Senate - 2007                            CS for SB 946
    587-2377-07




 1         210.201  Cancer research facility at the University of

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

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

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

 5  complete, the cancer research facility at the University of

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

 7  Research Institute described in s. 210.20(2)(b)1. and 2. and

 8  the research, treatment and related facilities described in s.

 9  210.20(2)(b)3. Moneys transferred to the Board of Directors of

10  the H. Lee Moffitt Cancer Center and Research Institute

11  pursuant to s. 210.20 shall be used to secure financing to pay

12  costs related to constructing, furnishing, and equipping the

13  cancer research facility and related facilities. Such

14  financing may include the issuance of tax exempt bonds by a

15  local authority, municipality, or county pursuant to parts II

16  and III of chapter 159.  Such bonds shall not constitute state

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

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

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

20  to the facilities this facility pursuant to s. 210.20 may be

21  replaced annually by the Legislature from tobacco litigation

22  settlement proceeds.

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

24  law.

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    Florida Senate - 2007                            CS for SB 946
    587-2377-07




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 946

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 4  The committee substitute requires the Division of Alcoholic
    Beverages and Tobacco of the Department of Business and
 5  Professional Regulation to continue, beyond the current
    statutory time limits, to distribute on a monthly basis to the
 6  H. Lee Moffitt Cancer Center and Research Institute a
    percentage of the net collections of cigarette taxes deposited
 7  into the Cigarette Tax Collection Trust Fund. The existing
    distributions are extended until 2037. The committee
 8  substitute expands the use of the funds to include any
    "related facilities." The committee substitute provides
 9  legislative intent that the Legislature will provide
    alternative funding sources if the cigarette tax is repealed
10  or amended in a manner that would adversely affect the bonds.

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