Florida Senate - 2011                                    SB 1108
       
       
       
       By Senator Storms
       
       
       
       
       10-00969-11                                           20111108__
    1                        A bill to be entitled                      
    2         An act relating to the use of cigarette tax proceeds;
    3         amending s. 210.20, F.S.; revising the payment and
    4         distribution of funds in the Cigarette Tax Collection
    5         Trust Fund; providing specified purposes for the use
    6         of funds that are appropriated out of the trust fund;
    7         amending s. 210.201, F.S.; authorizing moneys
    8         transferred to the Board of Directors of the H. Lee
    9         Moffitt Cancer Center and Research Institute to be
   10         used to secure financing to pay costs related to
   11         constructing, furnishing, equipping, and maintaining
   12         clinical facilities for cancer research; providing an
   13         effective date.
   14  
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Paragraph (b) of subsection (2) of section
   18  210.20, Florida Statutes, is amended to read:
   19         210.20 Employees and assistants; distribution of funds.—
   20         (2) As collections are received by the division from such
   21  cigarette taxes, it shall pay the same into a trust fund in the
   22  State Treasury designated “Cigarette Tax Collection Trust Fund”
   23  which shall be paid and distributed as follows:
   24         (b)1. Beginning January 1, 1999, and continuing for 10
   25  years thereafter, the division shall from month to month certify
   26  to the Chief Financial Officer the amount derived from the
   27  cigarette tax imposed by s. 210.02, less the service charges
   28  provided for in s. 215.20 and less 0.9 percent of the amount
   29  derived from the cigarette tax imposed by s. 210.02, which shall
   30  be deposited into the Alcoholic Beverage and Tobacco Trust Fund,
   31  specifying an amount equal to 2.59 percent of the net
   32  collections, and that amount shall be paid to the Board of
   33  Directors of the H. Lee Moffitt Cancer Center and Research
   34  Institute, established under s. 1004.43, by warrant drawn by the
   35  Chief Financial Officer upon the State Treasury. These funds are
   36  hereby appropriated monthly out of the Cigarette Tax Collection
   37  Trust Fund, to be used for the purpose of constructing,
   38  furnishing, and equipping a cancer research facility at the
   39  University of South Florida adjacent to the H. Lee Moffitt
   40  Cancer Center and Research Institute. In fiscal years 1999-2000
   41  and thereafter with the exception of fiscal year 2008-2009, the
   42  appropriation to the H. Lee Moffitt Cancer Center and Research
   43  Institute authorized by this subparagraph shall not be less than
   44  the amount that would have been paid to the H. Lee Moffitt
   45  Cancer Center and Research Institute for fiscal year 1998-1999
   46  had payments been made for the entire fiscal year rather than
   47  for a 6-month period thereof.
   48         2. Beginning July 1, 2002, and continuing through June 30,
   49  2004, the division shall, in addition to the distribution
   50  authorized in subparagraph 1., from month to month certify to
   51  the Chief Financial Officer the amount derived from the
   52  cigarette tax imposed by s. 210.02, less the service charges
   53  provided for in s. 215.20 and less 0.9 percent of the amount
   54  derived from the cigarette tax imposed by s. 210.02, which shall
   55  be deposited into the Alcoholic Beverage and Tobacco Trust Fund,
   56  specifying an amount equal to 0.2632 percent of the net
   57  collections, and that amount shall be paid to the Board of
   58  Directors of the H. Lee Moffitt Cancer Center and Research
   59  Institute, established under s. 1004.43, by warrant drawn by the
   60  Chief Financial Officer. Beginning July 1, 2004, and continuing
   61  through June 30, 2013 2020, the division shall, in addition to
   62  the distribution authorized in subparagraph 1., from month to
   63  month certify to the Chief Financial Officer the amount derived
   64  from the cigarette tax imposed by s. 210.02, less the service
   65  charges provided for in s. 215.20 and less 0.9 percent of the
   66  amount derived from the cigarette tax imposed by s. 210.02,
   67  which shall be deposited into the Alcoholic Beverage and Tobacco
   68  Trust Fund, specifying an amount equal to 1.47 percent of the
   69  net collections, and that amount shall be paid to the Board of
   70  Directors of the H. Lee Moffitt Cancer Center and Research
   71  Institute, established under s. 1004.43, by warrant drawn by the
   72  Chief Financial Officer. Beginning July 1, 2013, and continuing
   73  through June 30, 2045, the division shall, in addition to the
   74  distribution authorized in subparagraph 1., from month to month
   75  certify to the Chief Financial Officer the amount derived from
   76  the cigarette tax imposed by s. 210.02, less the service charges
   77  provided for in s. 215.20 and less 0.9 percent of the amount
   78  derived from the cigarette tax imposed by s. 210.02, which shall
   79  be deposited into the Alcoholic Beverage and Tobacco Trust Fund,
   80  specifying an amount equal to 5 percent of the net collections,
   81  and that amount shall be paid to the Board of Directors of the
   82  H. Lee Moffitt Cancer Center and Research Institute, established
   83  under s. 1004.43, by warrant drawn by the Chief Financial
   84  Officer. These funds are appropriated monthly out of the
   85  Cigarette Tax Collection Trust Fund, to be used for lawful
   86  purposes, including the purpose of constructing, furnishing, and
   87  equipping, operating, and maintaining a cancer research and
   88  clinical facilities; furnishing, equipping, operating, and
   89  maintaining other properties owned or leased by facility at the
   90  University of South Florida adjacent to the H. Lee Moffitt
   91  Cancer Center and Research Institute; and paying costs incurred
   92  for purchasing, operating, and maintaining equipment in or on
   93  any of those facilities or properties. In fiscal years 2004-2005
   94  and thereafter, the appropriation to the H. Lee Moffitt Cancer
   95  Center and Research Institute authorized by this subparagraph
   96  shall not be less than the amount that would have been paid to
   97  the H. Lee Moffitt Cancer Center and Research Institute in
   98  fiscal year 2001-2002, had this subparagraph been in effect.
   99         Section 2. Section 210.201, Florida Statutes, is amended to
  100  read:
  101         210.201 Cancer research facility at the University of South
  102  Florida; establishment; funding.—The Board of Directors of the
  103  H. Lee Moffitt Cancer Center and Research Institute shall
  104  construct, furnish, and equip, and shall covenant to complete,
  105  the cancer research facility at the University of South Florida
  106  adjacent to the H. Lee Moffitt Cancer Center and Research
  107  Institute. Moneys transferred to the Board of Directors of the
  108  H. Lee Moffitt Cancer Center and Research Institute pursuant to
  109  s. 210.20 may shall be used to secure financing to pay costs
  110  related to constructing, furnishing, and equipping, operating,
  111  and maintaining the cancer research and clinical facilities;
  112  furnishing, equipping, operating, and maintaining other leased
  113  or owned properties; and paying costs incurred for purchasing,
  114  operating, and maintaining equipment in or on any of those
  115  facilities and properties as provided in s. 210.20 facility.
  116  Such financing may include the issuance of tax-exempt bonds by a
  117  local authority, municipality, or county pursuant to parts II
  118  and III of chapter 159. Such bonds shall not constitute state
  119  bonds for purposes of s. 11, Art. VII of the State Constitution,
  120  but shall constitute bonds of a “local agency,” as defined in s.
  121  159.27(4). The cigarette tax dollars pledged to this facility
  122  pursuant to s. 210.20 may be replaced annually by the
  123  Legislature from tobacco litigation settlement proceeds.
  124         Section 3. This act shall take effect July 1, 2011.