House Bill 1865

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    Florida House of Representatives - 1999                HB 1865

        By the Committee on General Government Appropriations and
    Representative Sembler





  1                      A bill to be entitled

  2         An act relating to trust funds; creating s.

  3         17.41, F.S.; creating the Department of Banking

  4         and Finance Tobacco Settlement Clearing Trust

  5         Fund; providing for sources of moneys;

  6         providing for exemption from various service

  7         charges; providing purposes; providing for

  8         investment of such moneys; providing for

  9         disbursement of funds to the tobacco settlement

10         trust funds of the various agencies; providing

11         for reversion of funds to the Lawton Chiles

12         Endowment Fund for Children and Elders;

13         proclaiming that the trust fund is exempt from

14         constitutional termination; providing an

15         effective date.

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

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19         Section 1.  Section 17.41, Florida Statutes, is created

20  to read:

21         17.41  Department of Banking and Finance Tobacco

22  Settlement Clearing Trust Fund.--

23         (1)  The Department of Banking and Finance Tobacco

24  Settlement Clearing Trust Fund is created within that

25  department.

26         (2)  Funds to be credited to the trust fund shall

27  consist of all annual payments received by the state from

28  settlement of State of Florida v. American Tobacco Co., Case

29  No. 95-1466AH, in the Circuit Court for the Fifteenth Judicial

30  Circuit, in and for Palm Beach County, Florida. All moneys

31  received from the settlement shall be deposited into the trust

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    Florida House of Representatives - 1999                HB 1865

    610-228-99






  1  fund and are exempt from the service charges imposed under s.

  2  215.20. Funds shall be used for the purposes that are

  3  permitted or required by the settlement.

  4         (3)  The State Board of Administration shall invest and

  5  reinvest the moneys in the trust fund in accordance with ss.

  6  215.44-215.53. Costs and fees of the State Board of

  7  Administration for providing such investment services shall be

  8  deducted from the earnings accruing to the trust fund.

  9         (4)  The department shall disburse funds, by

10  nonoperating transfer, from the clearing trust fund to the

11  tobacco settlement trust funds of the various agencies in

12  amounts equal to the annual appropriations made from those

13  trust funds in the General Appropriations Act. Additionally,

14  the department shall disburse funds, by nonoperating transfer,

15  from the clearing trust fund to the Lawton Chiles Endowment

16  Fund for Children and Elders in amounts specified by law.

17         (5)  Notwithstanding the provisions of s. 216.301 and

18  pursuant to s. 216.351, any unencumbered balance in the trust

19  fund at the end of any fiscal year and any encumbered balance

20  remaining undisbursed on December 31 of the same calendar year

21  shall revert to the Lawton Chiles Endowment Fund for Children

22  and Elders.

23         (6)  Pursuant to the provisions of s. 19(f)(3), Art.

24  III of the State Constitution, the trust fund is not subject

25  to termination under s. 19(f)(2), Art. III of the State

26  Constitution.

27         Section 2.  This act shall take effect upon becoming a

28  law.

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    Florida House of Representatives - 1999                HB 1865

    610-228-99






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  2                          HOUSE SUMMARY

  3
      Creates the Department of Banking and Finance Tobacco
  4    Settlement Clearing Trust Fund. Provides for its sources
      of moneys and purposes. Provides for exemption from
  5    various service charges. Provides for investment of
      moneys in the trust fund. Provides for disbursement of
  6    funds to the tobacco settlement trust funds of the
      various agencies. Provides for reversion of funds to the
  7    Lawton Chiles Endowment Fund for Children and Elders.
      Proclaims that the trust fund is exempt from
  8    constitutional termination.

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