Florida Senate - 2012                                     SB 342
       
       
       
       By Senator Storms
       
       
       
       
       10-00394-12                                            2012342__
    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         providing legislative intent; amending s. 210.201,
    8         F.S.; authorizing moneys transferred to the Board of
    9         Directors of the H. Lee Moffitt Cancer Center and
   10         Research Institute to be used to secure financing to
   11         pay costs for specified purposes at certain facilities
   12         and other properties; providing an effective date.
   13  
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Paragraph (b) of subsection (2) of section
   17  210.20, Florida Statutes, is amended to read:
   18         210.20 Employees and assistants; distribution of funds.—
   19         (2) As collections are received by the division from such
   20  cigarette taxes, it shall pay the same into a trust fund in the
   21  State Treasury designated “Cigarette Tax Collection Trust Fund”
   22  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 certify
   25  to the Chief Financial Officer 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 shall
   29  be deposited into the Alcoholic Beverage and Tobacco Trust Fund,
   30  specifying an amount equal to 2.59 percent of the net
   31  collections, and that amount shall be paid to the Board of
   32  Directors of the H. Lee Moffitt Cancer Center and Research
   33  Institute, established under s. 1004.43, by warrant drawn by the
   34  Chief Financial Officer upon the State Treasury. These funds are
   35  hereby appropriated monthly out of the Cigarette Tax Collection
   36  Trust Fund, to be used for the purpose of constructing,
   37  furnishing, and equipping a cancer research facility at the
   38  University of South Florida adjacent to the H. Lee Moffitt
   39  Cancer Center and Research Institute. In fiscal years 1999-2000
   40  and thereafter with the exception of fiscal year 2008-2009, the
   41  appropriation to the H. Lee Moffitt Cancer Center and Research
   42  Institute authorized by this subparagraph may shall not be less
   43  than the amount that would have been paid to the H. Lee Moffitt
   44  Cancer Center and Research Institute for fiscal year 1998-1999
   45  had payments been made for the entire fiscal year rather than
   46  for a 6-month period thereof.
   47         2. Beginning July 1, 2002, and continuing through June 30,
   48  2004, the division shall, in addition to the distribution
   49  authorized in subparagraph 1., from month to month certify to
   50  the Chief Financial Officer the amount derived from the
   51  cigarette tax imposed by s. 210.02, less the service charges
   52  provided for in s. 215.20 and less 0.9 percent of the amount
   53  derived from the cigarette tax imposed by s. 210.02, which shall
   54  be deposited into the Alcoholic Beverage and Tobacco Trust Fund,
   55  specifying an amount equal to 0.2632 percent of the net
   56  collections, and that amount shall be paid to the Board of
   57  Directors of the H. Lee Moffitt Cancer Center and Research
   58  Institute, established under s. 1004.43, by warrant drawn by the
   59  Chief Financial Officer. Beginning July 1, 2004, and continuing
   60  through June 30, 2013 2020, the division shall, in addition to
   61  the distribution authorized in subparagraph 1., from month to
   62  month certify to the Chief Financial Officer the amount derived
   63  from the cigarette tax imposed by s. 210.02, less the service
   64  charges provided for in s. 215.20 and less 0.9 percent of the
   65  amount derived from the cigarette tax imposed by s. 210.02,
   66  which shall be deposited into the Alcoholic Beverage and Tobacco
   67  Trust Fund, specifying an amount equal to 1.47 percent of the
   68  net collections, and that amount shall be paid to the Board of
   69  Directors of the H. Lee Moffitt Cancer Center and Research
   70  Institute, established under s. 1004.43, by warrant drawn by the
   71  Chief Financial Officer. Beginning July 1, 2013, and continuing
   72  through June 30, 2045, the division shall, in addition to the
   73  distribution authorized in subparagraph 1., from month to month
   74  certify to the Chief Financial Officer the amount derived from
   75  the cigarette tax imposed by s. 210.02, less the service charges
   76  provided for in s. 215.20 and less 0.9 percent of the amount
   77  derived from the cigarette tax imposed by s. 210.02, which shall
   78  be deposited into the Alcoholic Beverage and Tobacco Trust Fund,
   79  specifying an amount equal to 4.88 percent of the net
   80  collections, and that amount shall be paid to the Board of
   81  Directors of the H. Lee Moffitt Cancer Center and Research
   82  Institute, established under s. 1004.43, by warrant drawn by the
   83  Chief Financial Officer. These funds are appropriated monthly
   84  out of the Cigarette Tax Collection Trust Fund, to be used for
   85  lawful purposes, including the purpose of constructing,
   86  furnishing, and equipping, financing, operating, and maintaining
   87  a cancer research and clinical and related facilities;
   88  furnishing, equipping, operating, and maintaining other
   89  properties owned or leased by facility at the University of
   90  South Florida adjacent to the H. Lee Moffitt Cancer Center and
   91  Research Institute; and paying costs incurred in connection with
   92  purchasing, financing, operating, and maintaining such
   93  equipment, facilities, and 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         3. If the cigarette tax is amended or repealed or this
  100  paragraph is modified in a manner that would adversely affect
  101  bonds issued for the purposes enumerated in subparagraph 2., the
  102  Legislature intends to provide alternative funding sources in an
  103  amount sufficient to pay any deficit in the amount required for
  104  debt service on such bonds.
  105         Section 2. Section 210.201, Florida Statutes, is amended to
  106  read:
  107         210.201 H. Lee Moffitt Cancer Center and Research Institute
  108  facilities Cancer research facility at the University of South
  109  Florida; establishment; funding.—The Board of Directors of the
  110  H. Lee Moffitt Cancer Center and Research Institute shall
  111  construct, furnish, and equip, and shall covenant to complete,
  112  the cancer research and clinical and related facilities of
  113  facility at the University of South Florida adjacent to the H.
  114  Lee Moffitt Cancer Center and Research Institute funded with
  115  proceeds from the Cigarette Tax Collection Trust Fund pursuant
  116  to s. 210.20. Moneys transferred to the Board of Directors of
  117  the H. Lee Moffitt Cancer Center and Research Institute pursuant
  118  to s. 210.20 may shall be used to secure financing to pay costs
  119  related to constructing, furnishing, and equipping, operating,
  120  and maintaining the cancer research and clinical and related
  121  facilities; furnishing, equipping, operating, and maintaining
  122  other leased or owned properties; and paying costs incurred in
  123  connection with purchasing, financing, operating, and
  124  maintaining such equipment, facilities, and properties as
  125  provided in s. 210.20 facility. Such financing may include the
  126  issuance of tax-exempt bonds or other forms of indebtedness by a
  127  local authority, municipality, or county pursuant to parts II
  128  and III of chapter 159. Such bonds shall not constitute state
  129  bonds for purposes of s. 11, Art. VII of the State Constitution,
  130  but shall constitute bonds of a “local agency,” as defined in s.
  131  159.27(4). The cigarette tax dollars pledged to facilities this
  132  facility pursuant to s. 210.20 may be replaced annually by the
  133  Legislature from tobacco litigation settlement proceeds.
  134         Section 3. This act shall take effect July 1, 2012.