Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. SB 1550
       
       
       
       
       
       
                                Ì612938FÎ612938                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/11/2014           .                                
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       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsections (23), (24), and (25) are added to
    6  section 210.01, Florida Statutes, to read:
    7         210.01 Definitions.—When used in this part the following
    8  words shall have the meaning herein indicated:
    9         (23)“Tax-exempt cigarettes” means cigarettes exempt from
   10  the cigarette excise tax under s. 210.02 and the cigarette
   11  surcharge under s. 210.011.
   12         (24)“Tribal business entity” means a federally chartered
   13  corporation charged with the duty of creating, expanding, and
   14  developing business enterprises for the economic betterment of a
   15  recognized Indian tribe.
   16         (25)“Tribal smoke shop” means an entity located on an
   17  Indian reservation which is authorized to sell tax-exempt
   18  cigarettes to members of an Indian tribe recognized by this
   19  state and to the public.
   20         Section 2. Subsection (5) of section 210.05, Florida
   21  Statutes, is amended, and subsection (6) is added to that
   22  section, to read:
   23         210.05 Preparation and sale of stamps; discount.—
   24         (5) An agent or wholesale dealer may sell stamped and
   25  untaxed cigarettes for retail sale on an Indian reservation to
   26  no more than one tribal business entity per recognized Indian
   27  tribe. With respect to reporting and stamping, the agent or
   28  wholesale dealer shall treat such cigarettes and the sale
   29  thereof in the same manner as other sales under this part. The
   30  agent or wholesale dealer may not collect from the tribal
   31  business entity the cigarette excise tax imposed under s. 210.02
   32  or the cigarette surcharge imposed under s. 210.011. The tribal
   33  business entity is responsible to the agent or wholesale dealer
   34  for the services and expenses incurred in affixing and
   35  accounting for the stamps Cigarettes sold to the Seminole Indian
   36  Tribe of Florida shall be administered as provided in s.
   37  210.1801.
   38         (6)An agent or wholesale dealer may file a claim for a
   39  refund from the division for any cigarette tax or surcharge paid
   40  on cigarettes that the wholesale dealer sells to a tribal
   41  business entity pursuant to this section. The division may
   42  reimburse the agent or wholesale dealer for cigarette taxes or
   43  surcharges paid on cigarettes sold to a tribal business entity
   44  under this section.
   45         Section 3. Section 210.1801, Florida Statutes, is repealed.
   46         Section 4. Section 210.221, Florida Statutes, is created to
   47  read:
   48         210.221Tax-exempt cigarettes sold on an Indian
   49  reservation.—
   50         (1)It is the intent of the Legislature that:
   51         (a)The retail sale of tax-exempt cigarettes be permitted
   52  on Indian reservations by tribal smoke shops authorized to
   53  operate under s. 210.222.
   54         (b)Members of an Indian tribe recognized in this state and
   55  members of the public be permitted to purchase such tax-exempt
   56  cigarettes from authorized tribal smoke shops.
   57         (c)Tax-exempt cigarettes be distributed to tribal smoke
   58  shops by tribal business entities as prescribed in this section.
   59         (2)Notwithstanding any other law, a tribal business entity
   60  may purchase stamped and untaxed cigarettes from agents or
   61  wholesale dealers for retail sale in accordance with s.
   62  210.05(5) and (6). A tribal business entity may sell or
   63  distribute such tax-exempt cigarettes only to a tribal smoke
   64  shop authorized to operate under s. 210.222. The maximum number
   65  of tax-exempt cigarettes that may be purchased and sold annually
   66  by a tribal business entity is calculated by multiplying the
   67  number of members of the tribe times five packs of cigarettes
   68  times 365.
   69         (3)An authorized tribal smoke shop may:
   70         (a) Purchase tax-exempt cigarettes from a tribal business
   71  entity even though the cigarettes have an affixed cigarette tax
   72  and-surcharge stamp.
   73         (b)Sell tax-exempt cigarettes on an Indian reservation
   74  only.
   75         (c)Sell tax-exempt cigarettes at retail to members of an
   76  Indian tribe recognized in this state and to the public.
   77         (4)Each agent, wholesale dealer, or tribal business entity
   78  that purchases or sells tax-exempt cigarettes shall keep records
   79  of each such transaction and shall submit appropriate
   80  documentation to the division. Documentation must contain the
   81  identity of the parties involved in the transaction, the
   82  identity and quantity of the product sold or purchased, and any
   83  other information that the division may deem appropriate.
   84         (5)A member of the public who purchases or possesses more
   85  than three cartons of tax-exempt cigarettes from a tribal smoke
   86  shop within a 7-day period commits a misdemeanor of the second
   87  degree, punishable as provided in s. 775.082 or s. 775.083.
   88         Section 5. Section 210.222, Florida Statutes, is created to
   89  read:
   90         210.222Tribal smoke shop requirements.—
   91         (1)A person may not own or operate a tribal smoke shop
   92  without being issued a certificate of authority to operate by a
   93  tribal business entity. A tribal business entity may charge a
   94  tribal smoke shop owner or operator a reasonable fee for the
   95  certificate of authority.
   96         (2)Each tribal business entity shall adopt written
   97  procedures and criteria for authorizing tribal smoke shops to
   98  sell tax-exempt cigarettes. Such requirements:
   99         (a)May authorize tribal smoke shops to be individually
  100  owned and operated, or owned by the tribal business entity and
  101  operated by an authorized tribal smoke shop.
  102         (b)Must provide for monitoring and enforcing the purchase
  103  limit of three cartons within a 7-day period as specified in s.
  104  210.221(5). In order to monitor the three-carton limit,
  105  authorized drive-through tribal smoke shops must, at a minimum:
  106         1.Use surveillance cameras that capture images or a video
  107  of each customer who purchases tax-exempt cigarettes and his or
  108  her car and license plate.
  109         2.Record the driver license number of each customer who
  110  purchases tax-exempt cigarettes.
  111         3.Display a large sign inside the store which is clearly
  112  legible and conspicuous to customers and which gives notice of
  113  the 3-carton limit and warns customers of the surveillance
  114  cameras in use.
  115         4.Report at least monthly to the tribal business entity
  116  any violation or attempted violation of s. 210.221(5).
  117         (3)Each tribal business entity shall adopt written
  118  requirements establishing procedures for imposing fines against,
  119  and for suspending and revoking the certificate of authority of,
  120  a tribal smoke shop that violates or fails to adhere to the
  121  requirements in 210.221 relating to the retail sale of tax
  122  exempt cigarettes adopted by the tribal business entity.
  123         (4)Each tribal business entity that purchases stamped but
  124  untaxed cigarettes from an agent or wholesaler pursuant to s.
  125  210.05(5), must deposit all cigarette revenues into a fund
  126  dedicated exclusively to funding tribal health care, including
  127  the creation of a Tribal Comprehensive Tobacco Education and Use
  128  Prevention Program modeled after the program created under s.
  129  381.84.
  130         (5)Any accounts established by a tribal business entity
  131  which contain funds derived from tax-exempt cigarette sales,
  132  including, but not limited to, an account established pursuant
  133  to subsection (4), and the use of such funds must be open to
  134  inspection by the division.
  135         Section 6. Paragraph (a) of subsection (4) of section
  136  381.84, Florida Statutes, is amended to read:
  137         381.84 Comprehensive Statewide Tobacco Education and Use
  138  Prevention Program.—
  139         (4) ADVISORY COUNCIL; MEMBERS, APPOINTMENTS, AND MEETINGS.
  140  The Tobacco Education and Use Prevention Advisory Council is
  141  created within the department.
  142         (a) The council shall consist of 25 23 members, including:
  143         1. The State Surgeon General, who shall serve as the
  144  chairperson.
  145         2. One county health department director, appointed by the
  146  State Surgeon General.
  147         3. Two members appointed by the Commissioner of Education,
  148  of whom one must be a school district superintendent.
  149         4. The chief executive officer of the Florida Division of
  150  the American Cancer Society, or his or her designee.
  151         5. The chief executive officer of the Greater Southeast
  152  Affiliate of the American Heart Association, or his or her
  153  designee.
  154         6. The chief executive officer of the American Lung
  155  Association of Florida, or his or her designee.
  156         7. The dean of the University of Miami School of Medicine,
  157  or his or her designee.
  158         8. The dean of the University of Florida College of
  159  Medicine, or his or her designee.
  160         9. The dean of the University of South Florida College of
  161  Medicine, or his or her designee.
  162         10. The dean of the Florida State University College of
  163  Medicine, or his or her designee.
  164         11. The dean of Nova Southeastern College of Osteopathic
  165  Medicine, or his or her designee.
  166         12. The dean of the Lake Erie College of Osteopathic
  167  Medicine in Bradenton, Florida, or his or her designee.
  168         13. The chief executive officer of the Campaign for Tobacco
  169  Free Kids, or his or her designee.
  170         14. The chief executive officer of the Legacy Foundation,
  171  or his or her designee.
  172         15. Six Four members appointed by the Governor, of whom:
  173         a. Two must have expertise in the field of tobacco-use
  174  prevention and education or tobacco-use cessation;
  175         b. Two must be members of the Seminole Indian Tribe of
  176  Florida, of whom one must be a member of the Tribal
  177  Comprehensive Tobacco Education and Use Prevention Program; and
  178         c. One must individual who shall be between the ages of 16
  179  and 21 at the time of his or her appointment.
  180         16. Two members appointed by the President of the Senate,
  181  of whom one must have expertise in the field of tobacco-use
  182  prevention and education or tobacco-use cessation.
  183         17. Two members appointed by the Speaker of the House of
  184  Representatives, of whom one must have expertise in the field of
  185  tobacco-use prevention and education or tobacco-use cessation.
  186         Section 7. This act shall take effect July 1, 2014.
  187  
  188  ================= T I T L E  A M E N D M E N T ================
  189  And the title is amended as follows:
  190         Delete everything before the enacting clause
  191  and insert:
  192                        A bill to be entitled                      
  193         An act relating to tax-exempt cigarettes; amending s.
  194         210.01, F.S.; defining terms; amending s. 210.05,
  195         F.S.; authorizing agents and wholesale dealers to sell
  196         stamped and untaxed cigarettes to tribal business
  197         entities; authorizing agents and wholesale dealers to
  198         file a claim with the Division of Alcoholic Beverages
  199         and Tobacco for a refund of specified taxes and
  200         surcharges; conforming a cross-reference; amending s.
  201         210.1801, F.S., relating to the sale of tax-exempt
  202         cigarettes to members of recognized Indian tribes;
  203         creating s. 210.221, F.S.; providing legislative
  204         intent; authorizing tribal business entities to
  205         purchase stamped and untaxed cigarettes from agents
  206         and wholesale dealers; providing a cap on the amount
  207         of cigarettes that may be purchased and sold annually;
  208         authorizing certain tribal smoke shops to purchase
  209         tax-exempt cigarettes from tribal business entities
  210         and to sell such cigarettes at retail on an Indian
  211         reservation to tribal members and the public;
  212         requiring specified entities to maintain documentation
  213         relating to the purchase or sale of tax-exempt
  214         cigarettes; prohibiting the purchase of more than a
  215         specified number of cartons of tax-exempt cigarettes
  216         within a specified period; providing a penalty;
  217         creating s. 210.222, F.S.; requiring a certificate of
  218         authority to own or operate a tribal smoke shop;
  219         requiring tribal business entities to adopt related
  220         requirements; requiring tribal business entities that
  221         purchase tax-exempt cigarettes to deposit all
  222         cigarette revenues into a fund to be used for tribal
  223         health care including the establishment of a Tribal
  224         Comprehensive Tobacco Education and Use Prevention
  225         Program; authorizing the division to inspect the
  226         accounts and the use of certain funds derived from the
  227         sale of tax-exempt cigarettes; amending s. 381.84,
  228         F.S.; adding two members of the Seminole Indian Tribe
  229         of Florida to the Tobacco Education and Use Prevention
  230         Program Council; providing an effective date.
  231  
  232         WHEREAS, in April 1977, the first smoke shop operated by
  233  the Seminole Indian Tribe of Florida opened, selling tax-exempt
  234  cigarettes to the public, and
  235         WHEREAS, authorized by the laws of this state, the Seminole
  236  Indian Tribe of Florida operated smoke shops selling tax-exempt
  237  cigarettes to the public from 1979 until 2009, and
  238         WHEREAS, in 2009, the Legislature enacted chapter 2009-79,
  239  Laws of Florida, effectively revoking the Seminole Indian Tribe
  240  of Florida’s authority to sell tax-exempt cigarettes to the
  241  public, and
  242         WHEREAS, chapter 2009-79, Laws of Florida, preserved a
  243  portion of the Seminole Indian Tribe of Florida’s tax-exempt
  244  cigarette revenues by allowing the sale of tax-exempt cigarettes
  245  to tribal members, and
  246         WHEREAS, current law creates a system whereby the Seminole
  247  Indian Tribe of Florida is given excise tax and surcharge
  248  exemption coupons based on the probable demand of tribal members
  249  for cigarettes, with probable demand defined as five packages of
  250  cigarettes per day for every man, woman, and child member of the
  251  tribe, and the coupons are used to buy tax-exempt cigarettes
  252  from a wholesale dealer who submits such coupons to the division
  253  for a refund of taxes paid by the wholesale dealer, and
  254         WHEREAS, the Seminole Indian Tribe of Florida desires to
  255  resume the sale of tax-exempt cigarettes to the public and to
  256  use the revenues generated from such sales for tribal health
  257  care services, including, but not limited to, the creation of a
  258  Tribal Comprehensive Tobacco Education and Use Prevention
  259  Program modeled after the program created under s. 381.84, F.S.,
  260  and the creation and expansion of medical facilities to increase
  261  the quality of health care for all tribal members, especially
  262  those members on remote reservations that are currently
  263  underserved, NOW, THEREFORE,