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





                                                   HOUSE AMENDMENT

    hbd-20                       Bill No. CS for SB 1270, 1st Eng.

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW

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10                                                                

11  Representative(s) Garcia offered the following:

12

13         Amendment (with title amendment) 

14  Remove from the bill:  Everything after the enacting clause

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16  and insert in lieu thereof:

17         Section 1.  There is hereby appropriated a lump sum of

18  $70 million from the tobacco settlement revenues that were

19  received for the pilot program to the Department of Health to

20  continue implementation of the Florida Kids Campaign Against

21  Tobacco Pilot Program in fiscal year 1998-1999. Funds in the

22  lump sum shall be distributed to the following agencies for

23  the following programs, subject to the notice, review, and

24  objection provisions of s. 216.177, Florida Statutes:

25         (1)  To the Department of Health for marketing and

26  communications. Such funds shall be used for a media campaign

27  to create and promote messages urging youth to live tobacco

28  free.

29         (2)  To the Department of Health for a comprehensive

30  tobacco education and training initiative, directed toward

31  Florida youth in pre-K through grade 12. The initiative should

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                                                   HOUSE AMENDMENT

    hbd-20                       Bill No. CS for SB 1270, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  be created through collaborative efforts between the state,

 2  local communities, voluntary agencies, school districts,

 3  professional organizations, and the State University System

 4  and should emphasize intensive, interactive, and coordinated

 5  anti-tobacco curricula.

 6         (3)  To the Department of Health for youth programs and

 7  community partnerships. Such funds shall be used to develop

 8  community partnerships through the county health departments

 9  for implementing community-based tobacco prevention programs,

10  including the needs of the minority youth populations of the

11  state.

12         (4)  To the Department of Business and Professional

13  Regulation for enforcement of laws against underage tobacco

14  access and possession through a combination of program

15  development, research, and contracts with local law

16  enforcement agencies. Funding provided to the department shall

17  be used for the purposes of placing enforcement agents in

18  retail locations to deter youth purchasing of tobacco,

19  providing training of store employees, and providing for

20  enforcement efforts near schools.

21         (5)  To the Department of Health for evaluation of each

22  aspect of the pilot program. Funding provided shall be used to

23  obtain baseline data on the prevalence of tobacco use among

24  youth and for monitoring changes in tobacco utilization within

25  this group.

26         (6)  To the Department of Health or the Department of

27  Business and Professional Regulation, as applicable, for

28  coordination and program administration, not to exceed 5

29  percent of the total funds appropriated in this section. The

30  Executive Office of the Governor may request Administration

31  Commission approval of positions in excess of the number of

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    File original & 9 copies    05/01/98
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                                                   HOUSE AMENDMENT

    hbd-20                       Bill No. CS for SB 1270, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  positions fixed by the Legislature if necessary to implement

 2  the approved distribution of funds provided in this section.

 3  Positions established or redirected pursuant to this

 4  subsection are to be vacated and held in reserve by the

 5  Executive Office of the Governor upon completion of the

 6  Florida Kids Campaign Against Tobacco Pilot Program.

 7         Section 2.  The following guidelines shall be applied

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

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

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

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

12  Palm Beach County:

13         (1)  The Legislature asserts its rights to appropriate

14  all funds paid or payable to the state through the tobacco

15  settlement. Before any funds are released, the Legislature

16  must approve all program and funding proposals.

17         (2)  A trust fund should be created solely for the

18  purpose of receiving and managing settlement funds, and a full

19  and complete record of all budget and expenditure actions

20  should be maintained.

21         (3)  Administrative costs associated with programs and

22  providers that receive funds from the tobacco settlement

23  should be set at a reasonable level, consistent with

24  best-management practices.

25         (4)  Local law enforcement agencies, businesses, and

26  school districts should be involved in enforcement efforts as

27  appropriate to the mission of each organization.

28         (5)  Funds received from the tobacco settlement may not

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

30  likeness of any elected or appointed public official.

31         (6)  Greater emphasis should be placed on funding

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                                                   HOUSE AMENDMENT

    hbd-20                       Bill No. CS for SB 1270, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  education, training, and enforcement programs than is placed

 2  on the funding of advertising.

 3         (7)  County health departments must administer funds

 4  provided to each local coalition 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         (8)  Programs which raise matching funds should be

12  maximized in order to get the greatest leverage of state

13  funds.

14         (9)  Grant and contract processes should be competitive

15  and objective.

16         (10)  Requests for information or for proposals should

17  emphasize that performance measures will be required for all

18  contracts and grants.

19         (11)  A substantial portion of the program should be

20  character-based and focused on rewarding appropriate values

21  and behavior in youth.

22         (12)  Needs of the minority youth community in this

23  state should be addressed.

24         Section 3.  (1)  The $330,500,000, plus accrued

25  interest and any other funds on deposit in accounts 3660512058

26  and 3660510843 at NationsBank, N.A., pursuant to Escrow

27  Agreement dated September 15, 1997, and raised as a result of

28  litigation entitled The State of Florida et al. vs. American

29  Tobacco Company, et al., Case #95-1466AH, in the Circuit Court

30  of the Fifteenth Judicial Circuit in and for Palm Beach

31  County, are funds of the State of Florida and are hereby

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                                                   HOUSE AMENDMENT

    hbd-20                       Bill No. CS for SB 1270, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  appropriated to the General Revenue Fund, and shall be

 2  transferred to the Tobacco Settlement Trust Fund, if such fund

 3  is created by law. Further, all subsequent payments made by

 4  the settling defendants in said litigation are funds of the

 5  State of Florida and are hereby appropriated to said trust

 6  fund, or if such trust fund is not created by law, to the

 7  General Revenue Fund.

 8         (2)  This section shall take effect upon becoming a law

 9  and shall supersede Section 16 of the 1998-1999 General

10  Appropriations Act.

11         Section 4.  (1)  The Comptroller shall enforce the

12  appropriation in Section 3 of this act by demanding payment

13  from the depository institution within 2 business days of such

14  section becoming law. If payment is not made within 2 business

15  days of such demand, the Comptroller shall forthwith bring an

16  action for a writ of mandamus or an action at law or such

17  other action as may be necessary to ensure that the state's

18  title to these funds is affirmed. Such action shall be filed

19  in the circuit court of the Second Judicial Circuit, in and

20  for Leon County, which circuit shall have exclusive

21  jurisdiction thereof. Notice of such action shall be served

22  upon any officer of the financial institution, or any other

23  authorized service agent thereof, at any branch office thereof

24  in Leon County. From and after the time this section becomes

25  law, the depository institution is hereby and shall be

26  prohibited from paying any of the respective funds to any

27  person or entity other than the Comptroller of the State of

28  Florida until the final resolution of the action and any

29  appeal therefrom. No person who is not a party to the escrow

30  agreement under which the respective funds were deposited

31  shall be permitted to intervene in such action.

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                                                   HOUSE AMENDMENT

    hbd-20                       Bill No. CS for SB 1270, 1st Eng.

    Amendment No.     (for drafter's use only)





 1         (2)  This section shall take effect upon becoming a

 2  law. 

 3         Section 5.  Except as otherwise provided herein, this

 4  act shall take effect July 1 of the year in which enacted.

 5

 6

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

 8  And the title is amended as follows:

 9  remove from the title of the bill:  everything before the

10  enacting clause

11

12  and insert in lieu thereof:

13                      A bill to be entitled

14         An act relating to tobacco settlement funds;

15         providing for the use of revenues obtained as a

16         result of the settlement of litigation

17         involving the tobacco industry; providing for a

18         lump sum from certain of such funds to be

19         appropriated to the Department of Health to

20         continue implementation of the Florida Kids

21         Campaign Against Tobacco Pilot Program;

22         providing for distribution of funds in such

23         lump sum to specified agencies for specified

24         purposes; specifying guidelines to be applied

25         by the Legislature in expending funds paid to

26         the state as a result of the settlement of

27         litigation involving the tobacco industry;

28         appropriating funds received as a result of the

29         settlement of litigation by the State of

30         Florida against certain tobacco companies;

31         providing for the deposit of the funds;

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                                                   HOUSE AMENDMENT

    hbd-20                       Bill No. CS for SB 1270, 1st Eng.

    Amendment No.     (for drafter's use only)





 1         requiring the Comptroller to enforce

 2         appropriations made herein; providing exclusive

 3         jurisdiction of such enforcement actions;

 4         limiting intervention in such actions;

 5         providing effective dates.

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