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
    301-2241-98




  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
    301-2241-98




  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
    301-2241-98




  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
    301-2241-98




  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
    301-2241-98




  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
    301-2241-98




  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:
  9
    (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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