CODING: Words stricken are deletions; words underlined are additions.





                                                   HOUSE AMENDMENT

                                                   Bill No. HB 253

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW

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10                                                                

11  The Committee on General Appropriations offered the following:

12

13         Amendment (with title amendment) 

14  Remove from the bill:  Everything after the enacting clause

15

16  and insert in lieu thereof:

17         Section 1.  Subsections (3) and (4) of section

18  215.5601, Florida Statutes, are amended, and subsections (8)

19  and (9) are added to said section, to read:

20         215.5601  Lawton Chiles Endowment Fund.--

21         (3)  LEGISLATIVE INTENT.--It is the intent of the

22  Legislature to:

23         (a)  Provide a perpetual source of funding for the

24  future of state children's health programs, child welfare

25  programs, children's community-based health and human services

26  initiatives, elder programs, and biomedical research

27  activities.

28         (b)  Ensure that enhancement revenues will be available

29  to finance these important programs and initiatives.

30         (c)  Use tobacco settlement moneys to ensure the

31  financial security of vital health and human services programs

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 253

    Amendment No.     (for drafter's use only)





 1  for children and elders.

 2         (d)  Encourage the development of community-based

 3  solutions to strengthen and improve the quality of life of

 4  Florida's most vulnerable citizens, its children and elders.

 5         (e)  Provide funds for cancer research and

 6  public-health research for diseases linked to tobacco use.

 7         (4)  LAWTON CHILES ENDOWMENT FUND; CREATION; PURPOSES

 8  AND USES.--

 9         (a)  There is created the Lawton Chiles Endowment Fund,

10  to be administered by the State Board of Administration. The

11  endowment shall serve as a clearing trust fund not subject to

12  termination pursuant to s. 19(f), Art. III of the State

13  Constitution and shall be funded by settlement moneys received

14  from the tobacco industry. The endowment fund shall be exempt

15  from the service charges imposed by s. 215.20.

16         (b)  Funds from the endowment that are available for

17  legislative appropriation pursuant to subsection (6) shall be

18  distributed by the board to trust funds of the state agencies

19  in the amounts provided for in this paragraph indicated by

20  reference to the legislative appropriations for the state

21  agencies, except as otherwise provided in this section.

22         1.  For fiscal year 2000-2001, funds shall be

23  distributed based on legislative appropriations.

24         2.  For fiscal year 2001-2002 and beyond, funds shall

25  be distributed annually as follows:

26         a.  Fifty percent shall be deposited into a separate

27  account in the Department of Children and Family Services

28  Tobacco Settlement Trust Fund to be appropriated pursuant to

29  paragraph (8)(a);

30         b.  Thirty-three and one-half percent shall be

31  deposited into the Biomedical Research Trust Fund in the

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 253

    Amendment No.     (for drafter's use only)





 1  Department of Health to be appropriated pursuant to paragraph

 2  (8)(b), if such a trust fund is created by law; otherwise, the

 3  funds shall be deposited into the Department of Health Tobacco

 4  Settlement Trust Fund; and

 5         c.  The remaining funds shall be deposited into a

 6  separate account in the Department of Elderly Affairs Tobacco

 7  Settlement Trust Fund to be appropriated pursuant to paragraph

 8  (8)(a).

 9         (c)  Subject to legislative appropriations, The state

10  agencies shall use distributions the funds from the endowment

11  fund to enhance services for children and elders or to support

12  biomedical research initiatives pursuant to s. 215.5602

13  increases in clients served or in program costs in health and

14  human services program areas.

15         (d)  No later than October 1 of each year, the

16  Secretary of Health, the Secretary of Children and Family

17  Services, the Secretary of Elderly Affairs, and the Director

18  of Health Care Administration shall develop a list of the top

19  five funding priorities for children's services eligible for

20  funding from the endowment funds, and the Secretary of Health,

21  the Secretary of Elderly Affairs, and the Director of Health

22  Care Administration shall develop a list of the top five

23  funding priorities for elder services eligible for funding

24  from the endowment funds. No later than November 15 of each

25  year, the list for children's services must be submitted to

26  the advisory council for children's services created in

27  paragraph (9)(a), and the list for elder services must be

28  submitted to the advisory council for elder services created

29  in paragraph (9)(b) conduct meetings to discuss program

30  priorities for endowment funding prior to submitting their

31  budget requests to the Executive Office of the Governor and

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 253

    Amendment No.     (for drafter's use only)





 1  the Legislature. The purposes purpose of using the advisory

 2  councils are to evaluate the funding priorities of the

 3  agencies, to evaluate the request against the mission and

 4  goals of the agencies, to allow for public input and advocacy,

 5  and the meetings shall be to gain consensus for priority

 6  requests and recommended endowment funding levels for those

 7  priority requests. An agency head may not designate a proxy

 8  for these meetings.

 9         (e)  Funds distributed from the endowment fund may not

10  be used to supplant existing revenues.

11         (f)  When advised by the Revenue Estimating Conference

12  that a deficit will occur with respect to the appropriations

13  from a the Tobacco Settlement Trust Fund in any fiscal year,

14  the Governor shall develop a plan of action to eliminate the

15  deficit. Before implementing the plan of action, the Governor

16  must comply with the provisions of s. 216.177(2). In

17  developing the plan of action, the Governor shall, to the

18  extent possible, preserve legislative policy and intent, and,

19  absent any specific directions to the contrary in the General

20  Appropriations Act, any reductions in appropriations from a

21  the Tobacco Settlement Trust Fund for a fiscal year shall be

22  prorated among the purposes for which funds were appropriated

23  from that the Tobacco Settlement Trust Fund for that year.

24         (8)  APPROPRIATIONS OF THE ENDOWMENT

25  EARNINGS.--Beginning with fiscal year 2001-2002:

26         (a)  Appropriations by the Legislature to the

27  Department of Children and Family Services or the Department

28  of Elderly Affairs from the endowment earnings distributed to

29  those departments shall be from a category called Lawton

30  Chiles Endowment Fund Programs. The departments shall

31  distribute such appropriations pursuant to any directions or

                                  4

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 253

    Amendment No.     (for drafter's use only)





 1  limitations provided for in the General Appropriations Act and

 2  consistent with this section.

 3         (b)  Appropriations by the Legislature to the

 4  Department of Health from the endowment earnings distributed

 5  to the department shall be from a category called Florida

 6  Biomedical Research Program. The department shall spend such

 7  funds in accordance with s. 215.5602.

 8         (9)  LAWTON CHILES ENDOWMENT FUND ADVISORY

 9  COUNCILS.--There are established the Lawton Chiles Endowment

10  Fund Advisory Councils, the purpose of which is to evaluate

11  and rank for legislative consideration recommendations

12  submitted to the councils by the agencies for evaluation under

13  paragraph (4)(d).

14         (a)  There is created within the Department of Children

15  and Family Services the Lawton Chiles Endowment Fund Advisory

16  Council for Children.

17         1.  The council shall consist of 13 members, including

18  the director of the United Way of Florida, Inc., or a

19  designee, the director of the Florida Federation of Community

20  Foundations or a designee, the director of the Florida Foster

21  Parents Association or a designee, and the director of the

22  Florida Pediatric Association or a designee. The Governor

23  shall appoint the remaining council members, including:

24         a.  An academic expert in child health policy.

25         b.  A representative of a children's services council.

26         c.  A representative of the Guardian Ad Litem Program.

27         d.  A representative of a child welfare lead agency for

28  community-based care.

29         e.  A representative of a statewide child advocacy

30  organization.

31         f.  A youth representing a statewide youth

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 253

    Amendment No.     (for drafter's use only)





 1  organization.

 2         g.  A professional who has expertise in the area of

 3  child development.

 4         h.  Two consumer caregivers of children.

 5         2.  The council shall adopt internal organizational

 6  procedures, including procedures for the appointment of a

 7  chair, as necessary for its efficient organization.

 8         3.  The department shall provide such staff,

 9  information, and other assistance as is reasonably necessary

10  to assist the council in carrying out its responsibilities.

11         4.  Members of the council shall serve without

12  compensation, but may receive reimbursement as provided in s.

13  112.061 for travel and other necessary expenses incurred in

14  the performance of their official duties.

15         5.  Before February 1 of each year, the council shall

16  advise the Legislature as to its ranking of the children's

17  programs submitted by the agencies for evaluation under

18  paragraph (4)(d). The responsibilities of the council may

19  include, but are not limited to:

20         a.  Developing criteria and guiding principles for the

21  ranking of programs to be recommended to the Legislature.

22         b.  Evaluating the value of programs or services

23  submitted by the agencies as they relate to overall

24  enhancement for children.

25         c.  Providing recommendations on the funding levels to

26  be allocated for the ranked programs.

27         d.  Participating in periodic program evaluation to

28  determine the need for continued funding.

29         e.  Soliciting appropriate input from children's

30  advocates and community stakeholders, such as voluntary

31  organizations, community-based care lead agencies, health care

                                  6

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 253

    Amendment No.     (for drafter's use only)





 1  delivery systems, business and industry, government agencies,

 2  and children's service providers.

 3         (b)  There is created within the Department of Elderly

 4  Affairs the Lawton Chiles Endowment Fund Advisory Council for

 5  Elders.

 6         1.  The council shall consist of 13 members, including

 7  the director of the United Way of Florida, Inc., or a

 8  designee, the director of the Florida Federation of Community

 9  Foundations or a designee, the director of the Florida branch

10  of the American Association of Retired Persons or a designee,

11  the director of the Florida Council on Aging or a designee,

12  and the State Long-Term Care Ombudsman or a designee. The

13  Governor shall appoint the remaining council members,

14  including:

15         a.  An academic expert in elder health policy.

16         b.  A professional who has experience with the delivery

17  of home care services.

18         c.  A physician who is certified in geriatric medical

19  care.

20         d.  A professional who has experience with the delivery

21  of services in adult congregate care facilities.

22         e.  A professional who has experience with the delivery

23  of services in a nursing home.

24         f.  Two persons who are over the age of 60 years to

25  represent elders.

26         g.  One consumer caregiver for an elder person.

27         2.  The council shall adopt internal organizational

28  procedures, including the appointment of a chair, as necessary

29  for its efficient organization.

30         3.  The department shall provide such staff,

31  information, and other assistance as is reasonably necessary

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 253

    Amendment No.     (for drafter's use only)





 1  to assist the council in carrying out its responsibilities.

 2         4.  Members of the council shall serve without

 3  compensation, but may receive reimbursement as provided in s.

 4  112.061 for travel and other necessary expenses incurred in

 5  the performance of their official duties.

 6         5.  Before February 1 of each year, the council shall

 7  advise the Legislature as to its ranking of the elder programs

 8  submitted by the agencies for evaluation under paragraph

 9  (4)(d). The responsibilities of the council may include, but

10  are not limited to:

11         a.  Developing criteria and guiding principles for the

12  ranking of programs to be recommended to the Legislature.

13         b.  Evaluating the value of programs or services

14  submitted by the agencies as they relate to overall

15  enhancement for elders.

16         c.  Providing recommendations on the funding levels to

17  be allocated for the ranked programs.

18         d.  Participating in periodic program evaluation to

19  determine the need for continued funding.

20         e.  Soliciting appropriate input from elder advocates

21  and community stakeholders, such as voluntary organizations,

22  community-based care lead agencies, health care delivery

23  systems, business and industry, government agencies, and

24  elder-service providers.

25         Section 2.  Subsections (1) and (2) of section

26  215.5602, Florida Statutes, are amended to read:

27         215.5602  Florida Biomedical Research Program.--

28         (1)  There is established within the Department of

29  Health Lawton Chiles Endowment Fund the Florida Biomedical

30  Research Program funded by the proceeds of the Lawton Chiles

31  Endowment Fund pursuant to s. 215.5601(4). The purpose of the

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 253

    Amendment No.     (for drafter's use only)





 1  Florida Biomedical Research Program is to support research

 2  initiatives that address the health care problems of

 3  Floridians in the areas of cancer, cardiovascular disease,

 4  stroke, and pulmonary disease. The long-term goals of the

 5  program are to:

 6         (a)  Improve the health of Floridians by researching

 7  better treatments for cancer, cardiovascular disease, stroke,

 8  and pulmonary disease.

 9         (b)  Expand the foundation of biomedical knowledge

10  relating to the diagnosis and treatment of diseases related to

11  tobacco use, including cancer, cardiovascular disease, stroke,

12  and pulmonary disease.

13         (c)  Improve the quality of the state's academic health

14  centers by bringing the advances of biomedical research into

15  the training of physicians and other health care providers.

16         (d)  Increase the state's per capita funding for

17  biomedical research by undertaking new initiatives in

18  biomedical research that will attract additional funding from

19  outside the state.

20         (e)  Stimulate economic activity in the state in areas

21  related to biomedical research, such as the research and

22  production of pharmaceuticals, biotechnology, and medical

23  devices.

24         (2)  Funds appropriated for the Florida Biomedical

25  Research Program from the Lawton Chiles Endowment Fund to the

26  Department of Health for the purposes of this section shall be

27  used exclusively for the award of grants and fellowships as

28  under the program established in this section; for research

29  relating to the diagnosis and treatment of diseases related to

30  tobacco use, including cancer, cardiovascular disease, stroke,

31  and pulmonary disease; and for expenses incurred in the

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 253

    Amendment No.     (for drafter's use only)





 1  administration of this section.

 2         Section 3.  The sum of $2 million in nonrecurring funds

 3  is appropriated from the Department of Health Tobacco

 4  Settlement Trust Fund to the Department of Health for the

 5  Florida Biomedical Research Program created in s. 215.5602,

 6  Florida Statutes.

 7         Section 4.  This act shall take effect July 1, 2000.

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 9

10  ================ T I T L E   A M E N D M E N T ===============

11  And the title is amended as follows:

12  remove from the title of the bill:  everything before the

13  enacting clause

14

15  and insert in lieu thereof:

16                      A bill to be entitled

17         An act relating to the Lawton Chiles Endowment

18         Fund; amending s. 215.5601, F.S.; revising

19         legislative intent; providing for the

20         allocation of moneys in the fund for health and

21         human services programs for children and elders

22         and for biomedical research programs; creating

23         the Lawton Chiles Endowment Fund Advisory

24         Council for Children and the Lawton Chiles

25         Endowment Fund Advisory Council for Elders;

26         providing for council members; authorizing

27         reimbursement for travel and other necessary

28         expenses incurred in the performance of

29         official council duties; providing for staff,

30         information, and other assistance; providing

31         duties; amending s. 215.5602, F.S.; placing the

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 253

    Amendment No.     (for drafter's use only)





 1         Florida Biomedical Research Program under the

 2         Department of Health; providing for the purpose

 3         of and funding for the program; providing an

 4         appropriation; providing an effective date.

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