CODING: Words stricken are deletions; words underlined are additions.


H

Senator Sullivan moved the following amendment:



                                                  SENATE AMENDMENT

    Bill No. SB 1270

    Amendment No.    

                            CHAMBER ACTION
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11  Senator Sullivan moved the following amendment:

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13         Senate Amendment (with title amendment) 

14         Delete everything after the enacting clause

15

16  and insert:

17         Section 1.  The lump sum of $70 million is appropriated

18  from tobacco settlement revenues to the Department of Health

19  to continue implementation of the Florida Kids Campaign

20  Against Tobacco Pilot Program in fiscal year 1998-1999.

21         Section 2.  Funds provided in section 1 of this act

22  shall be distributed in the following manner:

23         (1)  Twenty-six million dollars shall be provided to

24  the Department of Health for marketing and communications.

25  These funds are to be used for a media campaign to create and

26  promote messages urging youth to live tobacco free; for

27  advertising, production, research, advertising compensation,

28  public relations, and promotion of the campaign; for entering

29  into cooperative agreements with the private sector for joint

30  marketing arrangements; for youth media training; and for

31  Internet support.

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                                                  SENATE AMENDMENT

    Bill No. SB 1270

    Amendment No.    





 1         (2)  Thirteen million dollars shall be provided to the

 2  Department of Health for education and training. These funds

 3  are to be used for a comprehensive tobacco education and

 4  training initiative directed toward Florida's children and

 5  youth, from prekindergarten through grade 12. The initiative

 6  is to be created through collaborative efforts between state

 7  agencies, local communities, voluntary agencies, school

 8  districts, professional organizations, and the State

 9  University System, and should emphasize intensive,

10  interactive, and coordinated anti-tobacco curricula. These

11  funds are to be used for leadership seminars, statewide

12  voluntary organization education projects, science museums,

13  prevention grants, leadership institutes, youth sports

14  activities, and visual and performing arts programs.

15         (3)  Ten million dollars shall be provided to the

16  Department of Health for youth programs and community

17  partnerships. In order to receive funding from this

18  appropriation, each program must demonstrate that the funds

19  will be used for purposes directly associated with the Florida

20  Kids Campaign Against Tobacco Pilot Program and that funds

21  will be used primarily for services and not for administrative

22  activities. Oversight of all funds provided under this

23  subsection will be the responsibility of the Department of

24  Health. The department must approve all partnership and

25  program plans, must oversee all contract activities, and may

26  only release funds to each program or partnership after a

27  determination has been made that all requirements have been

28  met. The department, in consultation with the Office of

29  Planning and Budgeting of the Executive Office of the

30  Governor, must develop procedures for releasing and monitoring

31  the use of funds provided under this subsection, including, at

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                                                  SENATE AMENDMENT

    Bill No. SB 1270

    Amendment No.    





 1  a minimum, an application process and an evaluation protocol

 2  to determine the effectiveness of community partnerships in

 3  reducing tobacco use among teens.

 4         (4)  Five million dollars shall be provided to the

 5  Department of Health for implementing a statewide minority

 6  network to implement initiatives that specifically address the

 7  needs of African Americans, Hispanics, Native Americans, and

 8  other minority populations.

 9         (5)  Six and one-half million dollars shall be provided

10  to the Department of Business and Professional Regulation for

11  enforcement of laws against underage tobacco access and

12  possession through a combination of program development,

13  research, and contracts with local law enforcement agencies.

14  These funds are to be used for placing enforcement agents in

15  retail locations, especially those located near schools and

16  other areas where youth gather, to deter youth from purchasing

17  tobacco and to train retail employees. Funds are also to be

18  used for law enforcement training and equipment to provide a

19  toll-free number for reporting retailers who provide tobacco

20  to youth and to create a program to address the problem of

21  false identification.

22         (6)  Two million dollars shall be provided to the

23  Department of Business and Professional Regulation for

24  education, training, marketing, and communication. These funds

25  are to be used to develop a model retailer compliance

26  education and training program, provide law enforcement

27  school-based education programs in all school districts,

28  develop a model education curriculum for possession-law

29  education, provide communication materials designed to inform

30  the public about youth tobacco laws, and develop retail

31  compliance materials that encourage voluntary compliance.

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                                                  SENATE AMENDMENT

    Bill No. SB 1270

    Amendment No.    





 1         (7)  Four million dollars shall be provided to the

 2  Department of Health for evaluation of each aspect of the

 3  pilot program. The statewide evaluation protocol must include

 4  instruments and procedures for data collection to document

 5  changes in attitudes, beliefs, and behaviors related to

 6  tobacco use in relation to the activities of each community

 7  partnership. The protocol must also include assessments of all

 8  programs prior to their inception, at the midpoint of their

 9  implementation, and after they are completed. Based on results

10  from the midpoint evaluation, the statewide evaluator will

11  make recommendations to the department as to whether the

12  program should be continued, changed, or eliminated.

13         (8)  Three and one-half million dollars shall be

14  provided to the Department of Health for program coordination

15  and administrative support. Pursuant to section 216.262(1)(a),

16  Florida Statutes, the Executive Office of the Governor may

17  create up to 24 positions in the Department of Business and

18  Professional Regulation and the Department of Health may use

19  up to 31 positions that are currently authorized to ensure

20  financial integrity, program accountability, and coordinated

21  management of all activities associated with the Florida Kids

22  Campaign Against Tobacco Pilot Program in fiscal year

23  1998-1999. Positions established or redirected pursuant to

24  this subsection are to be vacated and held in reserve by the

25  Executive Office of the Governor upon completion of the

26  Florida Kids Campaign Against Tobacco Pilot Program. Funds

27  shall be transferred to the appropriate categories within the

28  named departments by budget amendment subject to section

29  216.177, Florida Statutes.

30         Section 3.  The sum of $330.5 million, plus interest,

31  placed on deposit in accounts numbered 3660512058 and

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                                                  SENATE AMENDMENT

    Bill No. SB 1270

    Amendment No.    





 1  3660510843 at NationsBank, N. A., pursuant to Escrow Agreement

 2  dated September 15, 1997, and raised as a result of litigation

 3  entitled The State of Florida et. al. vs American Tobacco

 4  Company, et. al., Case #95-1466 AH, in the Circuit Court of

 5  the Fifteenth Judicial Circuit in and for Palm Beach County,

 6  are funds of the State of Florida and are appropriated to the

 7  Working Capital Fund.

 8         Section 4.  This act shall take effect July 1, 1998.

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11  ================ T I T L E   A M E N D M E N T ===============

12  And the title is amended as follows:

13         Delete everything before the enacting clause

14

15  and insert:

16                      A bill to be entitled

17         An act relating to public funds; providing for

18         the appropriation of revenues obtained as a

19         result of the settlement of litigation

20         involving the tobacco industry; providing for

21         specified amounts to be appropriated to the

22         Department of Health to continue implementing

23         the Florida Kids Campaign Against Tobacco Pilot

24         Program; providing for additional

25         appropriations of revenues to be used for

26         marketing, education and training, youth

27         programs, and community partnerships; providing

28         an appropriation to the Department of Business

29         and Professional Regulation; requiring that

30         such funds be used to enforce laws governing

31         access to and possession of tobacco products by

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                                                  SENATE AMENDMENT

    Bill No. SB 1270

    Amendment No.    





 1         underage persons; providing for an evaluation

 2         of the pilot program; providing for program

 3         coordination and administrative support;

 4         providing an appropriation to the Working

 5         Capital Fund; providing an effective date.

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 8         WHEREAS, the use of tobacco products has been

 9  demonstrated to have serious and adverse effects on personal

10  health, and

11         WHEREAS, it has further been demonstrated that when

12  tobacco use begins prior to adulthood, the potential for

13  adverse health effects is increased, and

14         WHEREAS, the children and youth of Florida have been

15  subjected to extensive advertising and marketing efforts by

16  the tobacco industry to encourage their use of tobacco

17  products, and

18         WHEREAS, the state of Florida was successful through

19  settlement of litigation in requiring the tobacco industry to

20  accept financial responsibility for costs to the state of

21  Florida associated with remediating the adverse health effects

22  of its products and preventing future generations of

23  Floridians from suffering such adverse effects, and

24         WHEREAS, a portion of the proceeds from the settlement

25  agreement has been designated for a pilot project to reduce

26  tobacco use among Florida's children and youth, and

27         WHEREAS, the Florida Kids Campaign Against Tobacco

28  Pilot Program was initiated during fiscal year 1997-1998 to

29  address youth tobacco acceptability and accessibility through

30  implementation of a comprehensive and coordinated tobacco

31  education and enforcement program, and

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                                                  SENATE AMENDMENT

    Bill No. SB 1270

    Amendment No.    





 1         WHEREAS, funds designated in the settlement agreement

 2  for implementation of the Florida Kids Campaign Against

 3  Tobacco Pilot Program are not available for application to any

 4  other public purpose, and

 5         WHEREAS, the amount of $70 million to support

 6  implementation in fiscal year 1998-1999 of the Florida Kids

 7  Campaign Against Tobacco Pilot Program may be paid only

 8  pursuant to the passage of this act, NOW THEREFORE,

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