House Bill 3783e2

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                                         HB 3783, Second Engrossed



  1                      A bill to be entitled

  2         An act relating to the Cigarette Tax Collection

  3         Trust Fund; amending s. 210.20, F.S.; providing

  4         for a portion of the revenues from the

  5         cigarette tax to be paid monthly to the Board

  6         of Directors of the H. Lee Moffitt Cancer and

  7         Research Institute, for the purpose of

  8         financing a cancer-research facility at the

  9         University of South Florida; providing duties

10         of the institute's board of directors;

11         providing for uses of the transferred moneys,

12         including the issuance of tax-exempt bonds;

13         requiring the Board of Directors of the H. Lee

14         Moffitt Cancer Center and Research Institute to

15         administer funds, manage the project, provide

16         assistance during construction, and operate the

17         facility when complete; providing for the

18         replacement of certain tax dollars annually;

19         providing an effective date.

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21  Be It Enacted by the Legislature of the State of Florida:

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23         Section 1.  Paragraph (c) is added to subsection (2) of

24  section 210.20, Florida Statutes, to read:

25         210.20  Employees and assistants; distribution of

26  funds.--

27         (2)  As collections are received by the division from

28  such cigarette taxes, it shall pay the same into a trust fund

29  in the State Treasury designated "Cigarette Tax Collection

30  Trust Fund" which shall be paid and distributed as follows:

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                                         HB 3783, Second Engrossed



  1         (c)  Beginning January 1, 1999, and continuing for 10

  2  years thereafter, the division shall from month to month

  3  certify to the Comptroller the amount derived from the

  4  cigarette tax imposed by s. 210.02, less the service charges

  5  provided for in s. 215.20 and less 0.9 percent of the amount

  6  derived from the cigarette tax imposed by s. 210.02 which

  7  shall be deposited into the Alcoholic Beverage and Tobacco

  8  Trust Fund, specifying an amount equal to 2.59 percent of the

  9  net collections and that amount shall be paid to the Board of

10  Directors of the H. Lee Moffitt Cancer Center and Research

11  Institute, established under s. 240.512, by warrant drawn by

12  the Comptroller upon the State Treasury. These funds are

13  hereby appropriated monthly out of the Cigarette Tax

14  Collection Trust Fund, to be used for the purpose of

15  constructing, furnishing, and equipping a cancer-research

16  facility at the University of South Florida adjacent to the H.

17  Lee Moffitt Cancer Center and Research Institute.  In fiscal

18  years 1999-2000 and thereafter with the exception of fiscal

19  year 2008-2009, the appropriation to the H. Lee Moffit Cancer

20  Center and Research Institute authorized by this paragraph

21  shall not be less than the amount which would have been paid

22  to the H. Lee Moffitt Cancer Center and Research Institute for

23  fiscal year 1998-1999 had payments been made for the entire

24  fiscal year rather than for a six-month period thereof.

25         Section 2.  The Board of Directors of the H. Lee

26  Moffitt Cancer Center and Research Institute shall construct,

27  furnish, and equip, and shall covenant to complete, the

28  cancer-research facility at the University of South Florida

29  adjacent to the H. Lee Moffitt Cancer Center and Research

30  Institute.  Moneys transferred to the Board of Directors of

31  the H. Lee Moffitt Cancer Center and Research Institute shall


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                                         HB 3783, Second Engrossed



  1  be used to secure financing to pay costs related to

  2  constructing, furnishing, and equipping the cancer-research

  3  facility.  Such financing may include the issuance of tax

  4  exempt bonds by a local authority, municipality or county

  5  pursuant to parts II and III of chapter 159.  Such bonds shall

  6  not constitute state bonds for purposes of s. 11, Art. VII, of

  7  the Florida Constitution, but shall constitute bonds of a

  8  "local agency," as defined in s. 159.27(4).  The cigarette tax

  9  dollars pledged to this facility shall be replaced annually by

10  the Legislature from tobacco litigation settlement proceeds.

11         Section 3.  This act shall take effect July 1, 1998.

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