Florida Senate - 2009                                     SB 850
       
       
       
       By Senator Fasano
       
       
       
       
       11-00615A-09                                           2009850__
    1                        A bill to be entitled                      
    2         An act relating to cigarette tax revenues; amending s.
    3         210.20, F.S.; increasing the percentage of net
    4         collections deposited into the Alcoholic Beverage and
    5         Tobacco Trust Fund from the cigarette tax to be paid
    6         monthly to the Board of Directors of the H. Lee
    7         Moffitt Cancer Center and Research Institute for
    8         certain purposes; authorizing use of funds to pay
    9         bonds or related financial products; providing
   10         legislative intent relating to debt service; amending
   11         s. 210.201, F.S.; deleting an obsolete provision;
   12         revising provisions providing for the use of
   13         transferred moneys to include cancer research,
   14         treatment, and related facilities; expanding
   15         authorized forms of indebtedness used to finance such
   16         facilities; providing for retroactive operation;
   17         providing an effective date.
   18         
   19  Be It Enacted by the Legislature of the State of Florida:
   20         
   21         Section 1. Paragraph (b) of subsection (2) of section
   22  210.20, Florida Statutes, is amended to read:
   23         210.20 Employees and assistants; distribution of funds.—
   24         (2) As collections are received by the division from such
   25  cigarette taxes, it shall pay the same into a trust fund in the
   26  State Treasury designated “Cigarette Tax Collection Trust Fund”
   27  which shall be paid and distributed as follows:
   28         (b)1. Beginning January 1, 1999, and continuing for 10
   29  years thereafter, the division shall from month to month certify
   30  to the Chief Financial Officer the amount derived from the
   31  cigarette tax imposed by s. 210.02, less the service charges
   32  provided for in s. 215.20 and less 0.9 percent of the amount
   33  derived from the cigarette tax imposed by s. 210.02, which shall
   34  be deposited into the Alcoholic Beverage and Tobacco Trust Fund,
   35  specifying an amount equal to 2.59 percent of the net
   36  collections, and that amount shall be paid to the Board of
   37  Directors of the H. Lee Moffitt Cancer Center and Research
   38  Institute, established under s. 1004.43, by warrant drawn by the
   39  Chief Financial Officer upon the State Treasury. These funds are
   40  hereby appropriated monthly out of the Cigarette Tax Collection
   41  Trust Fund, to be used for the purpose of constructing,
   42  furnishing, and equipping a cancer research facility at the
   43  University of South Florida adjacent to the H. Lee Moffitt
   44  Cancer Center and Research Institute. In fiscal years 1999-2000
   45  and thereafter with the exception of fiscal year 2008-2009, The
   46  appropriation to the H. Lee Moffitt Cancer Center and Research
   47  Institute authorized by this subparagraph shall not be less than
   48  the amount that would have been paid to the H. Lee Moffitt
   49  Cancer Center and Research Institute for fiscal year 1998-1999
   50  had payments been made for the entire fiscal year rather than
   51  for a 6-month period thereof.
   52         2. Beginning July 1, 2002, and continuing through June 30,
   53  2004, the division shall, in addition to the distribution
   54  authorized in subparagraph 1., from month to month certify to
   55  the Chief Financial Officer the amount derived from the
   56  cigarette tax imposed by s. 210.02, less the service charges
   57  provided for in s. 215.20 and less 0.9 percent of the amount
   58  derived from the cigarette tax imposed by s. 210.02, which shall
   59  be deposited into the Alcoholic Beverage and Tobacco Trust Fund,
   60  specifying an amount equal to 0.2632 percent of the net
   61  collections, and that amount shall be paid to the Board of
   62  Directors of the H. Lee Moffitt Cancer Center and Research
   63  Institute, established under s. 1004.43, by warrant drawn by the
   64  Chief Financial Officer. Beginning July 1, 2004, and continuing
   65  through June 30, 2016, the division shall, in addition to the
   66  distribution authorized in subparagraph 1., from month to month
   67  certify to the Chief Financial Officer the amount derived from
   68  the cigarette tax imposed by s. 210.02, less the service charges
   69  provided for in s. 215.20 and less 0.9 percent of the amount
   70  derived from the cigarette tax imposed by s. 210.02, which shall
   71  be deposited into the Alcoholic Beverage and Tobacco Trust Fund,
   72  specifying an amount equal to 4.06 1.47 percent of the net
   73  collections, and that amount shall be paid to the Board of
   74  Directors of the H. Lee Moffitt Cancer Center and Research
   75  Institute, established under s. 1004.43, by warrant drawn by the
   76  Chief Financial Officer. These funds are appropriated monthly
   77  out of the Cigarette Tax Collection Trust Fund, to be used for
   78  the purpose of constructing, furnishing, and equipping a cancer
   79  research, treatment, and related facilities facility at the
   80  University of South Florida adjacent to the H. Lee Moffitt
   81  Cancer Center and Research Institute. In fiscal years 2004-2005
   82  and thereafter, the appropriation to the H. Lee Moffitt Cancer
   83  Center and Research Institute authorized by this subparagraph
   84  shall not be less than the amount that would have been paid to
   85  the H. Lee Moffitt Cancer Center and Research Institute in
   86  fiscal year 2001-2002, had this subparagraph been in effect.
   87         3. The funds to be paid to the H. Lee Moffitt Cancer Center
   88  and Research Institute under this paragraph may be pledged to
   89  pay bonds and related financial products issued or incurred in
   90  connection with the financing of cancer research, treatment, and
   91  related facilities described in this paragraph. It is the intent
   92  of the Legislature that to the extent the cigarette tax is
   93  amended or repealed or the provisions of this paragraph are
   94  modified in a manner that would adversely affect bonds issued
   95  for such purpose, the Legislature shall provide alternative
   96  funding sources in an amount sufficient to pay any deficit in
   97  the amount required for such debt service.
   98         Section 2. Section 210.201, Florida Statutes, is amended to
   99  read:
  100         210.201 Cancer facilities research facility at the
  101  University of South Florida; establishment; funding.—The Board
  102  of Directors of the H. Lee Moffitt Cancer Center and Research
  103  Institute shall construct, furnish, and equip, and shall
  104  covenant to complete, the cancer research facility at the
  105  University of South Florida adjacent to the H. Lee Moffitt
  106  Cancer Center and Research Institute. Moneys transferred to the
  107  Board of Directors of the H. Lee Moffitt Cancer Center and
  108  Research Institute pursuant to s. 210.20 shall be used to secure
  109  financing to pay, or secure bonds or financial products issued
  110  or incurred in connection with the financing of, costs related
  111  to constructing, furnishing, and equipping the cancer research,
  112  treatment, and related facilities facility. Such financing may
  113  include the issuance of tax-exempt bonds or other forms of
  114  indebtedness by a local authority, municipality, or county
  115  pursuant to parts II and III of chapter 159. Such bonds shall
  116  not constitute state bonds for purposes of s. 11, Art. VII of
  117  the State Constitution, but shall constitute bonds of a “local
  118  agency,” as defined in s. 159.27(4). The cigarette tax dollars
  119  pledged to the facilities this facility pursuant to s. 210.20
  120  may be replaced annually by the Legislature from tobacco
  121  litigation settlement proceeds.
  122         Section 3. This act shall take effect upon becoming a law
  123  and shall operate retroactively to January 1, 2009.