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





                                                  SENATE AMENDMENT

    Bill No. SB 1270

    Amendment No.    

                            CHAMBER ACTION
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11  Senator Thomas moved the following amendment to amendment

12  (141270):

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14         Senate Amendment (with title amendment) 

15         On page 4, between lines 29 and 30,

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17  insert:

18         Section 3.  The following guidelines shall be applied

19  to the expenditure of all funds paid to the State of Florida

20  as a result of litigation entitled The State of Florida et al.

21  v. American Tobacco Company et al., Case #95-1466AH, in the

22  Circuit Court of the Fifteenth Judicial Circuit, in and for

23  Palm Beach County:

24         (1)  The Legislature asserts its rights to appropriate

25  all funds awarded to the state through the tobacco settlement.

26  Before any funds are released, the Legislature must approve

27  all program and funding proposals.

28         (2)  Funds received from the tobacco settlement should

29  not be deposited in the General Revenue Fund. Instead, a trust

30  fund should be created solely for the purpose of receiving and

31  managing settlement funds, so that a full and complete record

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                                                  SENATE AMENDMENT

    Bill No. SB 1270

    Amendment No.    





 1  of all budget and expenditure actions is maintained.

 2         (3)  Some portion of settlement funds received each

 3  year should be placed in escrow to create a long-term funding

 4  stream.

 5         (4)  Administrative costs associated with programs and

 6  providers that receive funds from the tobacco settlement

 7  should be set at a reasonable level, consistent with

 8  best-management practices.

 9         (5)  Funds should be spent on children's health

10  services, as provided for in the settlement, and settlement

11  funds may be used to match federal funds available under Title

12  XXI.

13         (6)  Local law enforcement agencies, businesses, and

14  school districts should be involved in enforcement efforts as

15  appropriate to the mission of each organization.

16         (7)  Funds received from the tobacco settlement may not

17  be used for advertising that includes the name, voice, or

18  likeness of any elected or appointed public official.

19         (8)  Greater emphasis should be placed on funding

20  education, training, and enforcement programs, such as

21  classroom programs, after-school programs, "tobacco-free"

22  sports programs, peer mentoring programs, and museum, science,

23  and discovery programs than is placed on the funding of

24  advertising.

25         (9)  Reimbursement should be provided to local

26  governments that have borne costs of tobacco-related Medicaid

27  patient care.

28         (10)  Tobacco use should be treated as substance abuse

29  for purposes of providing cessation and counseling programs.

30  Youth and adult smoking cessation programs, with appropriate

31  incentives, should be supported by tobacco funds.

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                                                  SENATE AMENDMENT

    Bill No. SB 1270

    Amendment No.    





 1         (11)  State funds may not be used to support a national

 2  or "global" settlement.

 3         (12)  County health departments must administer funds

 4  provided to each local coalitions that is not specifically

 5  granted an exemption by the Legislature. Exemptions from

 6  requirements to administer coalition programs by county health

 7  departments shall be limited to established administrative

 8  entities that meet a test of several criteria established by

 9  the Department of Health and may not include provider agencies

10  that could receive funding from the settlement.

11         (13)  Consideration should be given to providing

12  additional funding for public and not-for-profit hospitals,

13  clinics, and medical schools that treat patients with

14  tobacco-related illnesses, and to investing in the Med

15  Access/Medical Buy-In Program for uninsured or underinsured

16  employees of small businesses.

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18  (Redesignate subsequent sections.)

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

22  And the title is amended as follows:

23         On page 6, line 3, after the semicolon,

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25  insert:

26         specifying guidelines to be applied by the

27         Legislature in expending funds paid to the

28         state as a result of the settlement of

29         litigation involving the tobacco industry;

30         providing that funds should be deposited into a

31         trust fund rather than into the General Revenue

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                                                  SENATE AMENDMENT

    Bill No. SB 1270

    Amendment No.    





 1         Fund; providing that funds should be spent on

 2         children's health services and on education,

 3         training, and enforcement programs; prohibiting

 4         the use of such funds to support a national

 5         settlement; requiring county health departments

 6         to administer certain funds unless granted an

 7         exemption;

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