House Bill 0253er
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2000 Legislature HB 253, First Engrossed
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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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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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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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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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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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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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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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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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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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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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