Senate Bill 1270c1
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Florida Senate - 1998 CS for SB 1270
By the Committee on Ways and Means; and Senator Thomas
301-2241-98
1 A bill to be entitled
2 An act relating to public funds; providing for
3 the appropriation of revenues obtained as a
4 result of the settlement of litigation
5 involving the tobacco industry; providing for
6 specified amounts to be appropriated to the
7 Department of Health to continue implementing
8 the Florida Kids Campaign Against Tobacco Pilot
9 Program; providing for additional
10 appropriations of revenues to be used for
11 marketing, education and training, youth
12 programs, and community partnerships; providing
13 an appropriation to the Department of Business
14 and Professional Regulation; requiring that
15 such funds be used to enforce laws governing
16 access to and possession of tobacco products by
17 underage persons; providing for an evaluation
18 of the pilot program; providing for program
19 coordination and administrative support;
20 providing an appropriation to the Working
21 Capital Fund; providing an effective date.
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23 WHEREAS, the use of tobacco products has been
24 demonstrated to have serious and adverse effects on personal
25 health, and
26 WHEREAS, it has further been demonstrated that when
27 tobacco use begins prior to adulthood, the potential for
28 adverse health effects is increased, and
29 WHEREAS, the children and youth of Florida have been
30 subjected to extensive advertising and marketing efforts by
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Florida Senate - 1998 CS for SB 1270
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1 the tobacco industry to encourage their use of tobacco
2 products, and
3 WHEREAS, the state of Florida was successful through
4 settlement of litigation in requiring the tobacco industry to
5 accept financial responsibility for costs to the state of
6 Florida associated with remediating the adverse health effects
7 of its products and preventing future generations of
8 Floridians from suffering such adverse effects, and
9 WHEREAS, a portion of the proceeds from the settlement
10 agreement has been designated for a pilot project to reduce
11 tobacco use among Florida's children and youth, and
12 WHEREAS, the Florida Kids Campaign Against Tobacco
13 Pilot Program was initiated during fiscal year 1997-1998 to
14 address youth tobacco acceptability and accessibility through
15 implementation of a comprehensive and coordinated tobacco
16 education and enforcement program, and
17 WHEREAS, funds designated in the settlement agreement
18 for implementation of the Florida Kids Campaign Against
19 Tobacco Pilot Program are not available for application to any
20 other public purpose, and
21 WHEREAS, the amount of $70 million to support
22 implementation in fiscal year 1998-1999 of the Florida Kids
23 Campaign Against Tobacco Pilot Program may be paid only
24 pursuant to the passage of this act, NOW THEREFORE,
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26 Be It Enacted by the Legislature of the State of Florida:
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28 Section 1. The lump sum of $70 million is appropriated
29 from tobacco settlement revenues to the Department of Health
30 to continue implementation of the Florida Kids Campaign
31 Against Tobacco Pilot Program in fiscal year 1998-1999.
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Florida Senate - 1998 CS for SB 1270
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1 Section 2. Funds provided in section 1 of this act
2 shall be distributed in the following manner:
3 (1) Twenty-six million dollars shall be provided to
4 the Department of Health for marketing and communications.
5 These funds are to be used for a media campaign to create and
6 promote messages urging youth to live tobacco free; for
7 advertising, production, research, advertising compensation,
8 public relations, and promotion of the campaign; for entering
9 into cooperative agreements with the private sector for joint
10 marketing arrangements; for youth media training; and for
11 Internet support.
12 (2) Thirteen million dollars shall be provided to the
13 Department of Health for education and training. These funds
14 are to be used for a comprehensive tobacco education and
15 training initiative directed toward Florida's children and
16 youth, from prekindergarten through grade 12. The initiative
17 is to be created through collaborative efforts between state
18 agencies, local communities, voluntary agencies, school
19 districts, professional organizations, and the State
20 University System, and should emphasize intensive,
21 interactive, and coordinated anti-tobacco curricula. These
22 funds are to be used for leadership seminars, statewide
23 voluntary organization education projects, science museums,
24 prevention grants, leadership institutes, youth sports
25 activities, and visual and performing arts programs.
26 (3) Ten million dollars shall be provided to the
27 Department of Health for youth programs and community
28 partnerships. In order to receive funding from this
29 appropriation, each program must demonstrate that the funds
30 will be used for purposes directly associated with the Florida
31 Kids Campaign Against Tobacco Pilot Program and that funds
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Florida Senate - 1998 CS for SB 1270
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1 will be used primarily for services and not for administrative
2 activities. Oversight of all funds provided under this
3 subsection will be the responsibility of the Department of
4 Health. The department must approve all partnership and
5 program plans, must oversee all contract activities, and may
6 only release funds to each program or partnership after a
7 determination has been made that all requirements have been
8 met. The department, in consultation with the Office of
9 Planning and Budgeting of the Executive Office of the
10 Governor, must develop procedures for releasing and monitoring
11 the use of funds provided under this subsection, including, at
12 a minimum, an application process and an evaluation protocol
13 to determine the effectiveness of community partnerships in
14 reducing tobacco use among teens.
15 (4) Five million dollars shall be provided to the
16 Department of Health for implementing a statewide minority
17 network to implement initiatives that specifically address the
18 needs of African Americans, Hispanics, Native Americans, and
19 other minority populations.
20 (5) Six and one-half million dollars shall be provided
21 to the Department of Business and Professional Regulation for
22 enforcement of laws against underage tobacco access and
23 possession through a combination of program development,
24 research, and contracts with local law enforcement agencies.
25 These funds are to be used for placing enforcement agents in
26 retail locations, especially those located near schools and
27 other areas where youth gather, to deter youth from purchasing
28 tobacco and to train retail employees. Funds are also to be
29 used for law enforcement training and equipment to provide a
30 toll-free number for reporting retailers who provide tobacco
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Florida Senate - 1998 CS for SB 1270
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1 to youth and to create a program to address the problem of
2 false identification.
3 (6) Two million dollars shall be provided to the
4 Department of Business and Professional Regulation for
5 education, training, marketing, and communication. These funds
6 are to be used to develop a model retailer compliance
7 education and training program, provide law enforcement
8 school-based education programs in all school districts,
9 develop a model education curriculum for possession-law
10 education, provide communication materials designed to inform
11 the public about youth tobacco laws, and develop retail
12 compliance materials that encourage voluntary compliance.
13 (7) Four million dollars shall be provided to the
14 Department of Health for evaluation of each aspect of the
15 pilot program. The statewide evaluation protocol must include
16 instruments and procedures for data collection to document
17 changes in attitudes, beliefs, and behaviors related to
18 tobacco use in relation to the activities of each community
19 partnership. The protocol must also include assessments of all
20 programs prior to their inception, at the midpoint of their
21 implementation, and after they are completed. Based on results
22 from the midpoint evaluation, the statewide evaluator will
23 make recommendations to the department as to whether the
24 program should be continued, changed, or eliminated.
25 (8) Three and one-half million dollars shall be
26 provided to the Department of Health for program coordination
27 and administrative support. Pursuant to section 216.262(1)(a),
28 Florida Statutes, the Executive Office of the Governor may
29 create up to 24 positions in the Department of Business and
30 Professional Regulation and the Department of Health may use
31 up to 31 positions that are currently authorized to ensure
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Florida Senate - 1998 CS for SB 1270
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1 financial integrity, program accountability, and coordinated
2 management of all activities associated with the Florida Kids
3 Campaign Against Tobacco Pilot Program in fiscal year
4 1998-1999. Positions established or redirected pursuant to
5 this subsection are to be vacated and held in reserve by the
6 Executive Office of the Governor upon completion of the
7 Florida Kids Campaign Against Tobacco Pilot Program. Funds
8 shall be transferred to the appropriate categories within the
9 named departments by budget amendment subject to section
10 216.177, Florida Statutes.
11 Section 3. The sum of $330.5 million, plus interest,
12 placed on deposit in accounts numbered 3660512058 and
13 3660510843 at NationsBank, N. A., pursuant to Escrow Agreement
14 dated September 15, 1997, and raised as a result of litigation
15 entitled The State of Florida et. al. vs American Tobacco
16 Company, et. al., Case #95-1466 AH, in the Circuit Court of
17 the Fifteenth Judicial Circuit in and for Palm Beach County,
18 are funds of the State of Florida and are appropriated to the
19 Working Capital Fund.
20 Section 4. This act shall take effect July 1, 1998.
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Florida Senate - 1998 CS for SB 1270
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 SB 1270
3
4 This committee substitute strikes everything after the
enacting clause and provides:
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1. Appropriates $70.0 million from tobacco settlement
6 revenues to the Department of Health to continue the
implementation of the Florida Kids Campaign Against
7 Tobacco Pilot Program in fiscal year 1998-99.
8 2. Distributes these funds into the following program areas
in the specified amounts:
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(a) Marketing and Communications, $26 million.
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(b) Education and Training, $13 million.
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(c) Youth Programs/Community Partnerships, $10 million.
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(d) Enforcement, $6.5 million.
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(e) Education, Training, Marketing and Communication Programs
14 for Retailers and School Districts, $2 million.
15 (f) Evaluation of Pilot Program, $2 million.
16 (g) Initiatives to Meet need of African Americans, Hispanics,
Native Americans, and other Minority Populations, $5
17 million.
18 (h) Program Coordination and Administrative Support for
Department of Health, $3.5 million.
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3. Also appropriates the sum of $330.5 million, plus
20 interest currently on deposit with the NationsBank, N.A.,
pursuant to Escrow Agreement dated September 15, 1997,
21 raised as a result of tobacco litigation, to the Working
Capital Fund.
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