Florida Senate - 2015                              CS for SB 490
       
       
        
       By the Committee on Regulated Industries; and Senator Thompson
       
       
       
       
       
       580-02174-15                                           2015490c1
    1                        A bill to be entitled                      
    2         An act relating to state lotteries; amending s.
    3         24.121, F.S.; requiring the Department of the Lottery
    4         to split evenly the net revenue between certain
    5         universities located in this state and direct service
    6         providers for breast cancer research and the provision
    7         of services for certain individuals who have breast
    8         cancer; restricting certain uses of the funds;
    9         requiring that direct service providers be reimbursed
   10         on the basis of specified fee schedules for services,
   11         equipment, or supplies; requiring a direct service
   12         provider to provide a continuum of care; defining
   13         terms; creating s. 24.132, F.S.; offering a special
   14         instant lottery game called “Ticket for the Cure” by
   15         the department for a limited time; prohibiting the
   16         department from unreasonably diminishing the efforts
   17         devoted to marketing other instant lottery games;
   18         requiring the department to allocate net revenue to be
   19         used for funding breast cancer research and providing
   20         services for certain individuals who have breast
   21         cancer; restricting the use of funds; providing that
   22         the funds generated may not supplant those funds
   23         otherwise appropriated for breast cancer research by
   24         this state; defining terms; authorizing the department
   25         to adopt rules; amending s. 381.93, F.S.; requiring
   26         the Mary Brogan Breast and Cervical Cancer Early
   27         Detection Program be funded through specified federal
   28         and state funds; requiring the state to appropriate
   29         funds from the General Appropriations Act to match
   30         federal funds provided for screening and early
   31         detection purposes; providing an effective date.
   32          
   33  Be It Enacted by the Legislature of the State of Florida:
   34  
   35         Section 1. Paragraph (b) of subsection (5) of section
   36  24.121, Florida Statutes, is amended, present paragraph (f) of
   37  that subsection is redesignated as paragraph (g), and a new
   38  paragraph (f) is added to that subsection, to read:
   39         24.121 Allocation of revenues and expenditure of funds for
   40  public education.—
   41         (5)
   42         (b) Except as provided in paragraphs (c)-(f) (c), (d), and
   43  (e), the Legislature shall equitably apportion moneys in the
   44  trust fund among public schools, community colleges, and
   45  universities.
   46         (f) The department shall split evenly the net revenue
   47  received under s. 24.132 between public or private universities
   48  located in this state which have medical research facilities or
   49  which are associated with medical research facilities, and
   50  direct service providers. The moneys shall be used for the
   51  purposes of funding breast cancer research and providing
   52  services for low-income, uninsured individuals who have breast
   53  cancer. The funds may not be used for institutional,
   54  organizational, or community-based overhead costs, indirect
   55  costs, or levies. If services, equipment, or supplies are
   56  provided by a direct service provider, the funds must be used to
   57  pay for the services, equipment, or supplies based on the
   58  Medicare fee schedule or the fee schedule resulting in the
   59  lowest cost to the state. A direct service provider must provide
   60  a continuum of care. As used in this paragraph, the term:
   61         1. “Direct service provider” means a nonuniversity
   62  organization that provides care directly to an individual who
   63  seeks services related to breast cancer.
   64         2. “Continuum of care” means a system that guides and
   65  tracks patients over time through a comprehensive array of
   66  health services spanning all levels and intensity of care.
   67         Section 2. Section 24.132, Florida Statutes, is created to
   68  read:
   69         24.132 Ticket for the Cure.
   70         (1)The department shall offer a special instant lottery
   71  game called “Ticket for the Cure.” The game shall commence on
   72  January 1, 2016, and shall be discontinued on December 31, 2021.
   73  While instant lottery tickets are sold for the Ticket for the
   74  Cure lottery game, the department may not unreasonably diminish
   75  the efforts devoted to marketing other instant lottery games.
   76         (2)The department shall allocate the net revenue from the
   77  Ticket for the Cure lottery game pursuant to s. 24.121(5)(f) for
   78  the purposes of funding breast cancer research and providing
   79  services for low-income, uninsured individuals who have breast
   80  cancer. The funds may not be used for institutional,
   81  organizational, or community-based overhead costs, indirect
   82  costs, or levies. The funds generated under this section may not
   83  supplant those funds otherwise appropriated for breast cancer
   84  research by this state. As used in this subsection, the term:
   85         (a)“Net revenue” means the total amount of moneys received
   86  for instant lottery tickets that have been sold, less the sum of
   87  the amount paid out in prizes and the actual administrative
   88  expenses of the department related solely to the Ticket for the
   89  Cure lottery game.
   90         (b)“Research” includes, but is not limited to,
   91  expenditures to develop and advance the understanding,
   92  techniques, and modalities that are effective in the detection,
   93  screening, prevention, and treatment of breast cancer, including
   94  clinical trials.
   95         (3)The department may adopt rules to administer this
   96  section.
   97         Section 3. Subsection (3) of section 381.93, Florida
   98  Statutes, is amended to read:
   99         381.93 Breast and cervical cancer early detection program.
  100  This section may be cited as the “Mary Brogan Breast and
  101  Cervical Cancer Early Detection Program Act.”
  102         (3) The Mary Brogan Breast and Cervical Cancer Early
  103  Detection Program shall be funded through grants for such
  104  screening and early detection purposes from the federal Centers
  105  for Disease Control and Prevention under Title XV of the Public
  106  Health Service Act, 42 U.S.C. ss. 300k et seq and through the
  107  appropriation of funds under the General Appropriations Act
  108  which must match the federal funds provided for screening and
  109  early detection purposes.
  110         Section 4. This act shall take effect July 1, 2015.