CODING: Words stricken are deletions; words underlined are additions.
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Senator Sullivan moved the following amendment:
SENATE AMENDMENT
Bill No. SB 1270
Amendment No.
CHAMBER ACTION
Senate House
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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
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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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12 And the title is amended as follows:
13 Delete everything before the enacting clause
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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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