SENATE AMENDMENT
    Bill No. CS for SB 1580
    Amendment No. ___   Barcode 830146
                            CHAMBER ACTION
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11  Senator Burt moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         Delete everything after the enacting clause
15  
16  and insert:
17         Section 1.  Present subsections (2) through (12) of
18  section 569.21, Florida Statutes, are redesignated as
19  subsections (4) through (14), respectively and new subsections
20  (2) and (3) are added to that section, to read:
21         569.21  Expenditure of tobacco settlement
22  proceeds.--The following guidelines shall be applied to the
23  expenditure of all funds paid to the State of Florida as a
24  result of litigation entitled The State of Florida et al. v.
25  American Tobacco Company et al., Case #95-1466AH, in the
26  Circuit Court of the Fifteenth Judicial Circuit, in and for
27  Palm Beach County:
28         (2)  The Governor, in consultation with the Attorney
29  General, shall submit a report to the President of the Senate,
30  the Speaker of the House of Representatives, the Comptroller,
31  and the Auditor General by October 1, 2001, on the status of
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    3:43 PM   04/30/01                               s1580.ju16.0e

SENATE AMENDMENT Bill No. CS for SB 1580 Amendment No. ___ Barcode 830146 1 the settlement agreement as amended, in The State of Florida 2 et al. v. American Tobacco Company et al., Case #95-1466AH, in 3 the Circuit Court of the Fifteenth Judicial Circuit, in and 4 for Palm Beach County. The report shall specifically describe 5 and explain the settlement agreement's formula for determining 6 the amount of the annual tobacco settlement payments and the 7 application of the formula. 8 (3) The Comptroller shall request information from the 9 tobacco industry with respect to calculating the annual 10 tobacco-settlement payments. The Comptroller, in consultation 11 with the Auditor General, shall verify the information from 12 the tobacco industry, verify the annual payment amounts by 13 applying the terms of the settlement agreement to the 14 submitted industry information, and appropriately resolve 15 inconsistencies. The Comptroller may obtain contractual 16 services necessary to verify the information from the tobacco 17 industry. 18 (a) If the Comptroller determines that there has been 19 an overpayment by a settling defendant pursuant to the 20 settlement agreement, and the Auditor General confirms the 21 overpayment, the Comptroller shall notify the Governor, the 22 Senate and the House of Representatives of such overpayment. 23 Upon approval by the Legislative Budget Commission, a refund 24 shall be made to the respective settling defendant for the 25 overpayment by the Comptroller. 26 (b) If the Comptroller determines that there has been 27 an underpayment by a settling defendant pursuant to the 28 settlement agreement, and the Auditor General confirms the 29 underpayment, the Comptroller shall notify the Governor, the 30 Senate, the House of Representatives, and the Attorney General 31 of such underpayment. Within 10 days of the notification the 2 3:43 PM 04/30/01 s1580.ju16.0e
SENATE AMENDMENT Bill No. CS for SB 1580 Amendment No. ___ Barcode 830146 1 Comptroller shall on behalf of the state request the 2 respective settling defendant to pay the underpayment. If 3 within 40 days after the request for payment, the settling 4 defendant has not made payment or entered into an agreement 5 with the Attorney General and the Governor for a method of 6 payment, the Attorney General shall institute proceedings in 7 State of Florida v. American Tobacco to enforce the agreement 8 and to collect the amount owed. 9 (c) The Auditor General shall annually review the 10 state's process for verifying the annual tobacco settlement 11 payments and confirm that the payments were properly made in 12 accordance with the settlement agreement. The Auditor General 13 shall report on such confirmation and any deviation from such 14 process to the Governor, the President of the Senate, the 15 Speaker of the House of Representatives, the Comptroller and 16 the Attorney General. 17 Section 2. The Governor is authorized to submit a 18 budget amendment to the Legislative Budget Commission to 19 transfer funds from the Tobacco Settlement Clearing Trust fund 20 or any of the agency Tobacco Settlement Trust Funds to the 21 appropriate trust funds of the Governor, Comptroller, or 22 Attorney General to cover costs incurred to ensure that 23 tobacco settlement receipt amounts are accurate. This section 24 authorizes transfers between agencies, pursuant to the 25 requirements of section 216.292(1)(a), Florida Statutes. The 26 total amount transferred from the Tobacco Settlement Clearing 27 Trust Fund and the agency Tobacco Settlement Trust Funds shall 28 not exceed $1 million. 29 30 31 3 3:43 PM 04/30/01 s1580.ju16.0e
SENATE AMENDMENT Bill No. CS for SB 1580 Amendment No. ___ Barcode 830146 1 ================ T I T L E A M E N D M E N T =============== 2 And the title is amended as follows: 3 Delete everything before the enacting clause 4 5 and insert: 6 An act relating to proceeds from the tobacco 7 settlement; amending s. 569.21, F.S.; requiring 8 the Governor in consultation with the Attorney 9 General to report by a date certain on the 10 status of the tobacco settlement agreement and 11 the formula for calculating the annual 12 payments; requiring the Comptroller to request 13 informations from the tobacco industry which 14 are used to calculate the annual payments and 15 to verify such information; requiring the 16 Comptroller to notify the Governor, the Senate 17 and the House of Representatives of any 18 overpayment or underpayment; authorizing any 19 refund of overpayment subject to approval by 20 Legislative Budget Commission; requiring 21 Comptroller to request balance of any 22 underpayment; directing Attorney General to 23 institute action to collect unpaid 24 underpayment; requiring the Auditor General to 25 annually review State's process for 26 verification of representations, to confirm 27 that settlement payments are being made in 28 accordance with the settlement agreement and to 29 report to the Governor, the Legislature and the 30 Attorney General regarding such confirmation; 31 providing an appropriation; providing effective 4 3:43 PM 04/30/01 s1580.ju16.0e
SENATE AMENDMENT Bill No. CS for SB 1580 Amendment No. ___ Barcode 830146 1 dates. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 5 3:43 PM 04/30/01 s1580.ju16.0e