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





                                                  SENATE AMENDMENT

    Bill No. CS for SB 1270

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
                                   .
                                   .
 1                                 .
                                   .
 2                                 .
                                   .
 3                                 .
                                   .
 4                                                                

 5

 6

 7

 8

 9

10                                                                

11  Senator Thomas moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         On page 6, between lines 10 and 11,

15

16  insert:

17         Section 3.  The following guidelines shall be applied

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

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

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

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

22  Palm Beach County:

23         (1)  The Legislature asserts its rights to appropriate

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

25  Before any funds are released, the Legislature must approve

26  all program and funding proposals.

27         (2)  Funds received from the tobacco settlement should

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

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

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

31  of all budget and expenditure actions is maintained.

                                  1
    2:34 PM   04/27/98                              s1270c1c-03m0a




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1270

    Amendment No.    





 1         (3)  Some portion of settlement funds received each

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

 3  stream.

 4         (4)  Administrative costs associated with programs and

 5  providers that receive funds from the tobacco settlement

 6  should be set at a reasonable level, consistent with

 7  best-management practices.

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

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

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

11  XXI.

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

13  school districts should be involved in enforcement efforts as

14  appropriate to the mission of each organization.

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

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

17  likeness of any elected or appointed public official.

18         (8)  Greater emphasis should be placed on funding

19  education, training, and enforcement programs, such as

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

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

22  and discovery programs than is placed on the funding of

23  advertising.

24         (9)  Reimbursement should be provided to local

25  governments that have borne costs of tobacco-related Medicaid

26  patient care.

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

28  for purposes of providing cessation and counseling programs.

29  Youth and adult smoking cessation programs, with appropriate

30  incentives, should be supported by tobacco funds.

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

                                  2
    2:34 PM   04/27/98                              s1270c1c-03m0a




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1270

    Amendment No.    





 1  or "global" settlement.

 2         (12)  County health departments must administer funds

 3  provided to each local coalitions that is not specifically

 4  granted an exemption by the Legislature. Exemptions from

 5  requirements to administer coalition programs by county health

 6  departments shall be limited to established administrative

 7  entities that meet a test of several criteria established by

 8  the Department of Health and may not include provider agencies

 9  that could receive funding from the settlement.

10         (13)  Consideration should be given to providing

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

12  clinics, and medical schools that treat patients with

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

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

15  employees of small businesses.

16

17  (Redesignate subsequent sections.)

18

19

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

21  And the title is amended as follows:

22         On page 1, line 21, after the semicolon,

23

24  insert:

25         specifying guidelines to be applied by the

26         Legislature in expending funds paid to the

27         state as a result of the settlement of

28         litigation involving the tobacco industry;

29         providing that funds should be deposited into a

30         trust fund rather than into the General Revenue

31         Fund; providing that funds should be spent on

                                  3
    2:34 PM   04/27/98                              s1270c1c-03m0a




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1270

    Amendment No.    





 1         children's health services and on education,

 2         training, and enforcement programs; prohibiting

 3         the use of such funds to support a national

 4         settlement; requiring county health departments

 5         to administer certain funds unless granted an

 6         exemption;

 7

 8

 9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  4
    2:34 PM   04/27/98                              s1270c1c-03m0a