House Bill 3783er
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1998 Legislature HB 3783, Second Engrossed
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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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1998 Legislature 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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1998 Legislature 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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