House Bill 0253e1

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                                           HB 253, First Engrossed



  1                      A bill to be entitled

  2         An act relating to the Lawton Chiles Endowment

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

  4         legislative intent; providing for the

  5         allocation of moneys in the fund for health and

  6         human services programs for children and elders

  7         and for biomedical research programs; creating

  8         the Lawton Chiles Endowment Fund Advisory

  9         Council for Children and the Lawton Chiles

10         Endowment Fund Advisory Council for Elders;

11         providing for council members; authorizing

12         reimbursement for travel and other necessary

13         expenses incurred in the performance of

14         official council duties; providing for staff,

15         information, and other assistance; providing

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

17         Florida Biomedical Research Program under the

18         Department of Health; providing for the purpose

19         of and funding for the program; providing an

20         appropriation; providing an effective date.

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

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

25  215.5601, Florida Statutes, are amended, and subsections (8)

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

27         215.5601  Lawton Chiles Endowment Fund.--

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

29  Legislature to:

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

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


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                                           HB 253, First Engrossed



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

  2  initiatives, elder programs, and biomedical research

  3  activities.

  4         (b)  Ensure that enhancement revenues will be available

  5  to finance these important programs and initiatives.

  6         (c)  Use tobacco settlement moneys to ensure the

  7  financial security of vital health and human services programs

  8  for children and elders.

  9         (d)  Encourage the development of community-based

10  solutions to strengthen and improve the quality of life of

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

12         (e)  Provide funds for cancer research and

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

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

15  AND USES.--

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

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

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

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

20  Constitution and shall be funded by settlement moneys received

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

22  from the service charges imposed by s. 215.20.

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

24  legislative appropriation pursuant to subsection (6) shall be

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

26  in the amounts provided for in this paragraph indicated by

27  reference to the legislative appropriations for the state

28  agencies, except as otherwise provided in this section.

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

30  distributed based on legislative appropriations.

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                                           HB 253, First Engrossed



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

  2  be distributed annually as follows:

  3         a.  Fifty percent shall be deposited into a separate

  4  account in the Department of Children and Family Services

  5  Tobacco Settlement Trust Fund to be appropriated pursuant to

  6  paragraph (8)(a);

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

  8  deposited into the Biomedical Research Trust Fund in the

  9  Department of Health to be appropriated pursuant to paragraph

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

11  funds shall be deposited into the Department of Health Tobacco

12  Settlement Trust Fund; and

13         c.  The remaining funds shall be deposited into a

14  separate account in the Department of Elderly Affairs Tobacco

15  Settlement Trust Fund to be appropriated pursuant to paragraph

16  (8)(a).

17         (c)  Subject to legislative appropriations, The state

18  agencies shall use distributions the funds from the endowment

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

20  biomedical research initiatives pursuant to s. 215.5602

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

22  human services program areas.

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

24  Secretary of Health, the Secretary of Children and Family

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

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

27  five funding priorities for children's services eligible for

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

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

30  Care Administration shall develop a list of the top five

31  funding priorities for elder services eligible for funding


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                                           HB 253, First Engrossed



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

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

  3  the advisory council for children's services created in

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

  5  submitted to the advisory council for elder services created

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

  7  priorities for endowment funding prior to submitting their

  8  budget requests to the Executive Office of the Governor and

  9  the Legislature. The purposes purpose of using the advisory

10  councils are to evaluate the funding priorities of the

11  agencies, to evaluate the request against the mission and

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

13  and the meetings shall be to gain consensus for priority

14  requests and recommended endowment funding levels for those

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

16  for these meetings.

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

18  be used to supplant existing revenues.

19         (f)  When advised by the Revenue Estimating Conference

20  that a deficit will occur with respect to the appropriations

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

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

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

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

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

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

27  absent any specific directions to the contrary in the General

28  Appropriations Act, any reductions in appropriations from a

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

30  prorated among the purposes for which funds were appropriated

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


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                                           HB 253, First Engrossed



  1         (8)  APPROPRIATIONS OF THE ENDOWMENT

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

  3         (a)  Appropriations by the Legislature to the

  4  Department of Children and Family Services or the Department

  5  of Elderly Affairs from the endowment earnings distributed to

  6  those departments shall be from a category called Lawton

  7  Chiles Endowment Fund Programs. The departments shall

  8  distribute such appropriations pursuant to any directions or

  9  limitations provided for in the General Appropriations Act and

10  consistent with this section.

11         (b)  Appropriations by the Legislature to the

12  Department of Health from the endowment earnings distributed

13  to the department shall be from a category called Florida

14  Biomedical Research Program. The department shall spend such

15  funds in accordance with s. 215.5602.

16         (9)  LAWTON CHILES ENDOWMENT FUND ADVISORY

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

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

19  and rank for legislative consideration recommendations

20  submitted to the councils by the agencies for evaluation under

21  paragraph (4)(d).

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

23  and Family Services the Lawton Chiles Endowment Fund Advisory

24  Council for Children.

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

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

27  designee, the director of the Florida Federation of Community

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

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

30  Florida Pediatric Association or a designee. The Governor

31  shall appoint the remaining council members, including:


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                                           HB 253, First Engrossed



  1         a.  An academic expert in child health policy.

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

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

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

  5  community-based care.

  6         e.  A representative of a statewide child advocacy

  7  organization.

  8         f.  A youth representing a statewide youth

  9  organization.

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

11  child development.

12         h.  Two consumer caregivers of children.

13         2.  The council shall adopt internal organizational

14  procedures, including procedures for the appointment of a

15  chair, as necessary for its efficient organization.

16         3.  The department shall provide such staff,

17  information, and other assistance as is reasonably necessary

18  to assist the council in carrying out its responsibilities.

19         4.  Members of the council shall serve without

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

21  112.061 for travel and other necessary expenses incurred in

22  the performance of their official duties.

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

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

25  programs submitted by the agencies for evaluation under

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

27  include, but are not limited to:

28         a.  Developing criteria and guiding principles for the

29  ranking of programs to be recommended to the Legislature.

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                                           HB 253, First Engrossed



  1         b.  Evaluating the value of programs or services

  2  submitted by the agencies as they relate to overall

  3  enhancement for children.

  4         c.  Providing recommendations on the funding levels to

  5  be allocated for the ranked programs.

  6         d.  Participating in periodic program evaluation to

  7  determine the need for continued funding.

  8         e.  Soliciting appropriate input from children's

  9  advocates and community stakeholders, such as voluntary

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

11  delivery systems, business and industry, government agencies,

12  and children's service providers.

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

14  Affairs the Lawton Chiles Endowment Fund Advisory Council for

15  Elders.

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

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

18  designee, the director of the Florida Federation of Community

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

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

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

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

23  Governor shall appoint the remaining council members,

24  including:

25         a.  An academic expert in elder health policy.

26         b.  A professional who has experience with the delivery

27  of home care services.

28         c.  A physician who is certified in geriatric medical

29  care.

30         d.  A professional who has experience with the delivery

31  of services in adult congregate care facilities.


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                                           HB 253, First Engrossed



  1         e.  A professional who has experience with the delivery

  2  of services in a nursing home.

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

  4  represent elders.

  5         g.  One consumer caregiver for an elder person.

  6         2.  The council shall adopt internal organizational

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

  8  for its efficient organization.

  9         3.  The department shall provide such staff,

10  information, and other assistance as is reasonably necessary

11  to assist the council in carrying out its responsibilities.

12         4.  Members of the council shall serve without

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

14  112.061 for travel and other necessary expenses incurred in

15  the performance of their official duties.

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

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

18  submitted by the agencies for evaluation under paragraph

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

20  are not limited to:

21         a.  Developing criteria and guiding principles for the

22  ranking of programs to be recommended to the Legislature.

23         b.  Evaluating the value of programs or services

24  submitted by the agencies as they relate to overall

25  enhancement for elders.

26         c.  Providing recommendations on the funding levels to

27  be allocated for the ranked programs.

28         d.  Participating in periodic program evaluation to

29  determine the need for continued funding.

30         e.  Soliciting appropriate input from elder advocates

31  and community stakeholders, such as voluntary organizations,


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                                           HB 253, First Engrossed



  1  community-based care lead agencies, health care delivery

  2  systems, business and industry, government agencies, and

  3  elder-service providers.

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

  5  215.5602, Florida Statutes, are amended to read:

  6         215.5602  Florida Biomedical Research Program.--

  7         (1)  There is established within the Department of

  8  Health Lawton Chiles Endowment Fund the Florida Biomedical

  9  Research Program funded by the proceeds of the Lawton Chiles

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

11  Florida Biomedical Research Program is to support research

12  initiatives that address the health care problems of

13  Floridians in the areas of cancer, cardiovascular disease,

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

15  program are to:

16         (a)  Improve the health of Floridians by researching

17  better treatments for cancer, cardiovascular disease, stroke,

18  and pulmonary disease.

19         (b)  Expand the foundation of biomedical knowledge

20  relating to the diagnosis and treatment of diseases related to

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

22  and pulmonary disease.

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

24  centers by bringing the advances of biomedical research into

25  the training of physicians and other health care providers.

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

27  biomedical research by undertaking new initiatives in

28  biomedical research that will attract additional funding from

29  outside the state.

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

31  related to biomedical research, such as the research and


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                                           HB 253, First Engrossed



  1  production of pharmaceuticals, biotechnology, and medical

  2  devices.

  3         (2)  Funds appropriated for the Florida Biomedical

  4  Research Program from the Lawton Chiles Endowment Fund to the

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

  6  used exclusively for the award of grants and fellowships as

  7  under the program established in this section; for research

  8  relating to the diagnosis and treatment of diseases related to

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

10  and pulmonary disease; and for expenses incurred in the

11  administration of this section.

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

13  is appropriated from the Department of Health Tobacco

14  Settlement Trust Fund to the Department of Health for the

15  Florida Biomedical Research Program created in s. 215.5602,

16  Florida Statutes.

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

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