House Bill 0419

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    Florida House of Representatives - 2000                 HB 419

        By Representatives Stansel, Casey and Harrington






  1                      A bill to be entitled

  2         An act relating to tobacco production relief;

  3         providing legislative intent; providing for use

  4         of a portion of the state's tobacco settlement

  5         funds to compensate persons and communities

  6         adversely affected by the settlement; providing

  7         for periodic appropriation and distribution of

  8         such funds; providing for appointment of

  9         trustees to administer the distribution of such

10         funds and specifying their duties; authorizing

11         reimbursement for per diem and travel;

12         providing for public meetings and records;

13         providing a contingent effective date.

14

15         WHEREAS, tobacco was one of the first export

16  commodities in this country, becoming established as a staple

17  crop as early as 1703 when over 23 million pounds was

18  exported, and was the major export commodity to raise funds to

19  finance the American Revolution, and

20         WHEREAS, from its beginnings the production of tobacco

21  was, and continues to be, a legal enterprise in this state and

22  nation, and

23         WHEREAS, tobacco has been produced by growers in this

24  state every year since a federally controlled quota system was

25  established in 1938, and

26         WHEREAS, the production of tobacco has been one of the

27  most stable and predictable crops for Florida farmers due to

28  the federal quota system, which regulates the volume of

29  production, and the producer-owned-and-operated Flue-Cured

30  Stabilization Corporation, which provides market stability at

31  no net cost to any taxpayer or governmental entity, and

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  1         WHEREAS, the production of tobacco, as compared to

  2  other agricultural commodities, requires a proportionally

  3  larger investment of capital per unit of production due to the

  4  purchase and possession of quota and the infrastructure needed

  5  for production, which requires sufficient agricultural land

  6  and specialized barns and production equipment, and

  7         WHEREAS, the necessary encumbering of large production

  8  costs by tobacco producers ensures that they have a very large

  9  asset investment, including debt service, which is a

10  proportionally large component of the local economies of

11  tobacco-growing counties in this state, and

12         WHEREAS, in 1994 the Legislature passed, and the

13  Governor subsequently signed into law, Committee Substitute

14  for Committee Substitute for Senate Bill 2110, which became

15  chapter 94-251, Laws of Florida, and which amended the

16  "Medicaid Third-Party Liability Act" to effectively remove

17  defenses in tortious litigation by the state against tobacco

18  companies, and

19         WHEREAS, the state and the tobacco companies reached a

20  settlement on August 25, 1997, in The State of Florida et al.

21  v. American Tobacco Company et al., with the tobacco companies

22  agreeing to pay the state $11.3 billion over 25 years, and

23         WHEREAS, based on the "Most Favored Nation Status"

24  section of the settlement, the state has increased its

25  settlement amount to $13 billion, an increase of $1.7 billion,

26  and

27         WHEREAS, as a direct result of this litigation and

28  other governmental actions, in the 1998 and 1999 production

29  years a total quota reduction of 18 percent and 17 percent,

30  respectively, occurred, leaving many tobacco producers in

31  serious financial peril from such a substantial loss of

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  1  production, and additional reduction is anticipated in the

  2  2000 production year, and

  3         WHEREAS, while the tobacco quota holders in this state

  4  still possess sufficient infrastructure and equipment to

  5  produce the quota volume allocated in 1997, the loss of quota

  6  since then has severely impacted the value of their

  7  investment, and

  8         WHEREAS, other tobacco-producing states have either

  9  passed or are currently considering legislation to compensate

10  their tobacco quota holders for costs such as asset loss,

11  stranded investment, and income and employment opportunities,

12  and

13         WHEREAS, since the settlement agreement in The State of

14  Florida et al. v. American Tobacco Company et al., the state

15  has neglected to consider any method of compensation for

16  tobacco quota holders, and such compensation is warranted

17  because the decline in both consumption and the farmgate price

18  of tobacco is a direct result of the state's tobacco

19  litigation, and

20         WHEREAS, the compensation of tobacco quota holders

21  provided by this legislation will help to ensure the stability

22  of the economies of 20 Florida counties by compensating the

23  family farms in this state that have been adversely impacted

24  by Florida's participation in the tobacco litigation, and

25         WHEREAS, there are precedents to such actions as will

26  be caused by this legislation, NOW, THEREFORE,

27

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

29

30         Section 1.  It is the intent of the Legislature that

31  Florida's tobacco quota holders, warehouse operators, and

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  1  their respective workforces and communities be compensated for

  2  the adverse economic effects of the loss of tobacco quota

  3  occurring subsequent to the tobacco settlement agreements,

  4  beginning in 1997. Such compensation is intended to be

  5  provided for losses that were incurred by persons involved in

  6  tobacco production because of the actions brought against the

  7  tobacco companies by the State of Florida, beginning in 1995

  8  with the amendment of the "Medicaid Third-Party Liability

  9  Act," so that the persons incurring such losses may begin the

10  process of seeking out, experimenting with, and developing

11  alternative profitable enterprises and may also retain control

12  of the ownership of their land and thereby ensure that farms

13  can remain productive agricultural entities and not succumb to

14  the pressures of development. Such compensation is also

15  intended to reduce encumbered debt on stranded investment in

16  specialized equipment and assure the recipients of adequate

17  cash flow in line with that projected for tobacco production

18  before the litigation and subsequent settlements of 1997 and

19  1998. It is also intended to offer opportunities to quota

20  holders and other qualified recipients who may desire

21  additional training as a method to improve the financial

22  futures not only of themselves and their dependents but also

23  those of their employees and their dependents. It is also the

24  intent of this legislation to provide economic development

25  assistance for the six counties impacted most by the state's

26  tobacco litigation.

27         Section 2.  (1)  A portion of the proceeds paid to the

28  State of Florida as a result of litigation entitled The State

29  of Florida et al. v. American Tobacco Company et al., Case

30  #95-1466AH, in the Circuit Court of the 15th Judicial Circuit,

31  in and for Palm Beach County, totaling ...., shall be

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  1  appropriated in equal amounts by January 10 each calendar year

  2  for 5 years, beginning in 2001, to the Florida Indemnification

  3  and Community Revitalization Trust Fund.

  4         (2)  The Trustees of the Florida Indemnification and

  5  Community Revitalization Trust Fund shall distribute all funds

  6  deposited into the trust fund under subsection (1) in equal

  7  amounts on March 1 each calendar year for 10 years, beginning

  8  in 2001, for the purposes and in accordance with the

  9  distribution percentages set forth in subsection (3).

10         (3)  The Trustees of the Florida Indemnification and

11  Community Revitalization Trust Fund shall distribute each

12  annual payment under subsection (2) as follows:

13         (a)  74.5 percent to eligible quota holders and, as

14  provided in this paragraph, a portion of this amount to

15  eligible producers. Quota holders of record when this act

16  becomes a law are to be compensated for the amount of reduced

17  quota in any one or more of the crop years of 1998, 1999, and

18  2000. Quota holders who purchased quota in any or all of the

19  above years and subsequently experienced a reduction are

20  eligible for compensation for any losses of quota after the

21  purchase date of record as recorded by the Farm Service Agency

22  of the United State Department of Agriculture. Quota holders

23  who relinquish ownership of their quotas for any reason,

24  except cancellation of the National Quota/Stabilization

25  Program, after this act becomes a law are not entitled to any

26  further compensation as provided by this act. The recipient of

27  quota for any reason after this act becomes a law is not

28  entitled to any compensation as provided by this act. Any

29  person who, as a lessor of record at the Farm Service Agency

30  of the United States Department of Agriculture, produced quota

31  not owned by him or her in any or all of the quota reduction

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  1  years of 1998, 1999, and 2000 is entitled to 33.34 percent of

  2  the amount due the quota holder for each year of the specified

  3  years in which the lessor produced quota for that quota

  4  holder.

  5         (b)  16.5 percent to the Florida tobacco warehouse

  6  operators engaged in the marketing of tobacco at the time this

  7  act becomes a law, to be distributed based on the loss

  8  percentages that quota holders have experienced since 1997 as

  9  follows:

10         1.  Lake City Tobacco Warehouse, Lake City, 31 percent.

11         2.  Big Independent Tobacco Warehouse, Live Oak, 29

12  percent.

13         3.  Madison Tobacco Warehouse, Madison, 25 percent.

14         4.  Farmers Tobacco Warehouse, Live Oak, 15 percent.

15

16  If any tobacco warehouse operator designated to receive

17  compensation under this paragraph relinquishes ownership of

18  his or her tobacco marketing facilities or his or her tobacco

19  marketing rights for any reason other than cancellation of the

20  National Quota/Stabilization Program, that operator shall

21  receive compensation for 1 additional year from date of record

22  of that relinquishment and shall not receive any further

23  compensation under this act. The purchaser of such marketing

24  facilities or marketing rights after this act becomes a law is

25  not entitled to any compensation under this act. All funds

26  that would otherwise go to a tobacco warehouse operator under

27  this paragraph, if not for a relinquishment of marketing

28  facilities or rights, shall revert to the Florida

29  Indemnification and Community Revitalization Trust Fund.

30         (c)  4 percent for workforce development and

31  employer-employee training or retraining, including

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  1  vocational-technical training, college, or any other type of

  2  enhancement program deemed appropriate by the trustees for

  3  quota holders and warehouse operators, their immediate

  4  families, their employees and their immediate families, and

  5  any other affected groups as determined by the trustees. The

  6  trustees may approve programs of and administer funds to any

  7  person or institution deemed appropriate by the trustees to

  8  assist recipients in utilizing the benefits provided under

  9  this paragraph.

10         (d)  5 percent for economic development assistance to

11  organizations and agencies in Alachua, Columbia, Hamilton,

12  Lafayette, Madison, and Suwannee Counties deemed appropriate

13  by the trustees. Funds provided under this paragraph shall be

14  apportioned in the designated counties based on the percentage

15  of basic quota in each county for the base year 1997.

16  Recipients of funds under this paragraph shall be encouraged

17  to seek interests that would be compatible with and assist in

18  creating new markets for agricultural products produced

19  regionally. Upon request of the applicant and approval by the

20  trustees, funds provided to an applicant under this paragraph

21  may be used in cooperation with Florida Agricultural and

22  Mechanical University or the Institute of Food and

23  Agricultural Sciences at the University of Florida to assist

24  in developing new and innovative products and markets that

25  might be accessed and utilized by quota holders.

26         (4)(a)  All funds available for distribution under this

27  section shall be less any incurred trust and other

28  administrative costs.

29         (b)  Any compensation an eligible recipient is to

30  receive from the Florida Indemnification and Community

31  Revitalization Trust Fund under this section for a given

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  1  calendar year shall be less, dollar for dollar, by the amount

  2  of any compensation received in that calendar year by such

  3  recipient from the prior agreement between the tobacco-growing

  4  states and the major tobacco companies known as the "National

  5  Tobacco Grower Settlement Trust," more commonly known as the

  6  "Phase II Settlement."

  7         Section 3.  (1)  The Trustees of the Florida

  8  Indemnification and Community Revitalization Trust Fund shall

  9  consist of the three individuals who are currently serving as

10  Florida Trustees for the Phase II National Settlement Fund and

11  four additional individuals appointed as follows: one by the

12  President of the Senate, one by the Speaker of the House of

13  Representatives, one by the Commissioner of Agriculture, and

14  one by the Board of Directors of Enterprise Florida, Inc.

15         (2)(a)  The trustees shall meet, organize, and

16  establish administrative procedures as soon as possible after

17  the effective date of this act. In accordance with their

18  adopted procedures, the trustees shall provide for

19  certification of eligible participants and recipients under

20  this act and for that purpose shall verify the amount of quota

21  reduction on an individual basis from the 1997 basic quota

22  amounts to the effective date of this act. All distributions

23  of funds under this act must be authorized by the trustees,

24  and only recipients certified by the trustees as eligible for

25  compensation under this act may receive such compensation.

26         (b)  All meetings of the trustees shall be public

27  meetings within the meaning of chapter 286, Florida Statutes,

28  and all records made or received by the trustees in connection

29  with their duties under this act shall be public records

30  within the meaning of chapter 119, Florida Statutes.

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  1         (c)  The trustees shall serve without compensation, but

  2  shall be reimbursed for per diem and travel expenses incurred

  3  in the performance of their official duties, in accordance

  4  with s. 112.061, Florida Statutes.

  5         (3)  State agencies shall provide the trustees with any

  6  information requested to carry out their duties under this

  7  act. The trustees may also request the assistance of the Farm

  8  Service Agency of the United States Department of Agriculture.

  9  Trustees shall ensure that the funds appropriated by the

10  Legislature for distribution under this act are used in

11  accordance with the intent and purposes established by the

12  Legislature in this act. The trustees may use any outside

13  sources, consultants, methods, or means they deem necessary to

14  accomplish the intent and goals established by the Legislature

15  in this act. All costs for assistance by the Farm Service

16  Agency or outside sources shall be considered administrative

17  costs under this act.

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

19  HB .... or similar legislation is adopted in the same

20  legislative session or an extension thereof.

21

22            *****************************************

23                          HOUSE SUMMARY

24
      Provides for use of a portion of the state's tobacco
25    settlement funds to compensate persons and communities
      adversely affected by the settlement. Provides for
26    appropriation of such funds over a 5-year period and
      distribution of such funds over a 10-year period.
27    Provides for appointment of trustees to administer the
      distribution of such funds and specifies their duties.
28    Authorizes reimbursement of trustees for per diem and
      travel expenses incurred in the performance of their
29    official duties. Provides that meetings of the trustees
      and records made or received by the trustees are public.
30    See bill for details.

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