SENATE AMENDMENT
    Bill No. CS for CS for SB 2214
    Amendment No. ___   Barcode 742202
                            CHAMBER ACTION
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11  Senator Burt moved the following amendment:
12  
13         Senate Amendment (with title amendment) 
14         Delete everything after the enacting clause
15  
16  and insert:  
17         Section 1.  Section 215.5601, Florida Statutes, is
18  amended to read:
19         215.5601  Lawton Chiles Endowment Fund.--
20         (1)  SHORT TITLE.--This section may be cited as the
21  "Lawton Chiles Endowment Fund."
22         (2)  DEFINITIONS.--As used in this section:
23         (a)  "Board" means the State Board of Administration
24  established by s. 16, Art. IX of the State Constitution of
25  1885 and incorporated into s. 9(c), Art. XII of the State
26  Constitution of 1968.
27         (b)  "Endowment" means the Lawton Chiles Endowment
28  Fund.
29         (c)  "Earnings" means all income generated by
30  investments and the net change in the market value of assets.
31         (d)  "Outdoor advertising" means billboards, as well as
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    10:24 AM   05/03/01                              s2214.ju16.3c

SENATE AMENDMENT Bill No. CS for CS for SB 2214 Amendment No. ___ Barcode 742202 1 all signs and placards in arenas and stadia, whether open-air 2 or enclosed. It does not include: 3 1. Any advertisement placed on or outside the premises 4 of retail establishments licensed to sell tobacco products or 5 any retail point-of-sale; or 6 2. Any advertisement or billboard in connection with 7 the sponsorship by a tobacco product manufacturer or importer 8 of any entertainment, sporting, or similar event, such as the 9 National Association for Stock Car Auto Racing (NASCAR) which 10 appears in the State of Florida as part of a national or 11 multi-state tour. 12 (e) "Participating manufacturer" means any 13 manufacturer of tobacco products which meets the requirements 14 of subsection (4)(a). 15 (f)(d) "State agency" or "state agencies" means the 16 Department of Health, the Department of Children and Family 17 Services, the Department of Elderly Affairs, or the Agency for 18 Health Care Administration, or any combination thereof, as the 19 context indicates. 20 (g) "Subscribing participating manufacturer" means any 21 manufacturer of tobacco products which meets the requirements 22 of subsection (4)(c). 23 (h) "Transit advertisements" means advertising on 24 private or public vehicles and all advertisements placed at, 25 on, or within any bus stop, taxi stand, waiting area, train 26 station, airport, or similar location. 27 (3) LEGISLATIVE INTENT.--It is the intent of the 28 Legislature to: 29 (a) Provide a perpetual source of funding for the 30 future of state children's health programs, child welfare 31 programs, children's community-based health and human services 2 10:24 AM 05/03/01 s2214.ju16.3c
SENATE AMENDMENT Bill No. CS for CS for SB 2214 Amendment No. ___ Barcode 742202 1 initiatives, elder programs, and biomedical research 2 activities. 3 (b) Ensure that enhancement revenues will be available 4 to finance these important programs and initiatives. 5 (c) Use funds received from the Tobacco Settlement 6 Clearing Trust Fund moneys to ensure the financial security of 7 vital health and human services programs for children and 8 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 (f) Provide tobacco manufacturers the opportunity to 15 voluntarily participate in mitigating the impact of the use of 16 tobacco on the residents of this state. 17 (4) PARTICIPATING MANUFACTURERS; QUALIFICATIONS.-- 18 (a) A tobacco manufacturer may become a participating 19 manufacturer for purposes of this section if: (i) the 20 manufacturer is a signatory to the August 25, 1997 and 21 December 7,1998 settlement agreements in The State of 22 Florida, et al. v. American Tobacco Company, et al. Fifteenth 23 Judicial Circuit Case No. 95-1466, who is in compliance with 24 all economic and non-economic requirements in those agreements 25 on the date of enactment of this act; and (ii) the 26 manufacturer annually posts a performance bond payable to the 27 Department of Business and Professional Regulation based upon 28 the greater of the manufacturer's actual prior year's sales 29 volume in Florida, or estimated annual Florida sales volume, 30 in an amount sufficient to secure payment of all of the annual 31 tobacco equity surcharge as prescribed at ss.210.0220, 3 10:24 AM 05/03/01 s2214.ju16.3c
SENATE AMENDMENT Bill No. CS for CS for SB 2214 Amendment No. ___ Barcode 742202 1 210.0221, and 210.0222. The bond shall be in such a form as 2 may be approved by the Department, executed by a surety 3 company licensed to do business under the laws of this state 4 as surety thereon, and conditioned upon the prompt filing of 5 true reports, the timely payment to the State of Florida of 6 the manufacturer's monetary agreement obligations, and 7 generally upon faithful compliance with the provisions of the 8 agreement and the laws of this state concerning sale and 9 distribution of cigarettes. The manufacturer shall be the 10 principal obligor, and the state shall be the obligee. 11 (b) Any such manufacturer whose obligations under such 12 settlement agreements are abated, excused, nullified, or 13 stayed, in total or in part, due to judicial action after the 14 enactment of this act is not a "participating manufacturer" 15 for purposes of this section. 16 (c) A tobacco manufacturer or importer may become a 17 "subscribing participating manufacturer" for purposes of this 18 section, by entering into an agreement with the State of 19 Florida Department of Business and Professional Regulation and 20 the Office of the Attorney General, which agreement provides 21 for all of the following: 22 1. Elimination of the subscribing participating 23 manufacturer's outdoor advertising and transit advertisements 24 at the earlier of the expiration of applicable contracts or 4 25 months after the date the final list of the subscribing 26 participating manufacturer's outdoor advertising signs is 27 supplied to the Attorney General. The manufacturer or importer 28 shall provide a final list of all its outdoor advertising 29 signs and transit advertisements to the Attorney General 30 within 45 days after entering the agreement; 31 2. Support of legislative initiatives to enact new 4 10:24 AM 05/03/01 s2214.ju16.3c
SENATE AMENDMENT Bill No. CS for CS for SB 2214 Amendment No. ___ Barcode 742202 1 laws and administrative initiatives to promulgate new rules 2 intended to effectuate the following: 3 a. Prohibition of the sale of cigarettes in vending 4 machines, except in adult-only locations and facilities; 5 b. Strengthening of civil penalties for sales of 6 tobacco products to children under the age of 18, including 7 the suspension or revocation of retail licenses; and 8 c. Strengthening of civil penalties for possession of 9 tobacco products by children under the age of 18; 10 3. Prohibition on making or causing to be made, in 11 connection with any motion picture made in the United States, 12 any payment, direct or indirect, to any person to use, 13 display, make reference to or use as a prop any cigarette, 14 cigarette package, advertisement for cigarettes, or any other 15 item bearing the brand name, logo, symbol, motto, selling 16 message, recognizable color or pattern of colors, or any other 17 indicia of product identification identical or similar to, or 18 identifiable with, those used for any brand of domestic 19 tobacco products; 20 4. Prohibition and permanent cessation on marketing, 21 licensing, distributing, selling or offering, directly or 22 indirectly, including by catalogue or direct mail, in the 23 State of Florida, any item (other than tobacco products or any 24 item of which the sole function is to advertise tobacco 25 products) which bears the brand name (alone or in conjunction 26 with any other word), logo, symbol, motto, selling message, 27 recognizable color or pattern of colors, or any other indicia 28 of product identification identical or similar to, or 29 identifiable with, those used for any brand of domestic 30 tobacco products; 31 5. Payment to the State of Florida, Department of 5 10:24 AM 05/03/01 s2214.ju16.3c
SENATE AMENDMENT Bill No. CS for CS for SB 2214 Amendment No. ___ Barcode 742202 1 Business and Professional Regulation by the earlier of 2 December 31, or the last business day of each calendar year, 3 of a public health tobacco equity contribution for mitigation 4 of Florida's taxpayer-borne health and other costs and 5 expenses related to tobacco use; 6 6. The manufacturer annually posts a performance bond 7 payable to the Department of Business and Professional 8 Regulation based upon the greater of the manufacturer's 9 actual prior year's sales volume in Florida, or estimated 10 annual Florida sales volume, in an amount sufficient to secure 11 payment of all of the annual tobacco equity contribution as 12 required herein. The bond shall be in such a form as may be 13 approved by the department, executed by a surety company 14 licensed to do business under the laws of this state as surety 15 thereon, and conditioned upon the prompt filing of true 16 reports, the payment to the department of the tobacco equity 17 contribution and tobacco equity surcharge, and generally upon 18 faithful compliance with the provisions of the agreement and 19 the laws of this state concerning sale and distribution of 20 cigarettes. The manufacturer shall be the principal obligor, 21 and the state shall be the obligee. 22 (c) The public health tobacco equity contribution 23 received by the Department of Business and Professional 24 Regulation from subscribing participating manufacturers shall 25 be deposited into the Department of Banking and Finance 26 Tobacco Settlement Clearing Trust Fund. 27 (5) Beginning July 1, 2001, $10 million of the funds 28 collected from subscribing participating manufacturers and the 29 public health tobacco equity surcharge imposed by s. 210.0221 30 shall be transferred from the Tobacco Settlement Clearing 31 Trust Fund to the Florida Comprehensive Health Association 6 10:24 AM 05/03/01 s2214.ju16.3c
SENATE AMENDMENT Bill No. CS for CS for SB 2214 Amendment No. ___ Barcode 742202 1 created in s. 627.6488, for coverage of new participants. 2 Effective April 1, 2002, the association may provide coverage 3 for up to 500 persons for the period ending December 31, 2002. 4 On or after January 1, 2003, the association may enroll an 5 additional 1,500 persons. At no time may the association 6 provide coverage for more than 2000 persons. 7 (6)(4) LAWTON CHILES ENDOWMENT FUND; CREATION; 8 PURPOSES 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 Settlement Clearing Trust Fund industry and 15 by moneys received from the sale of the state's right, title, 16 and interest in and to the tobacco settlement agreement, 17 including the right to receive payments under such agreement. 18 The endowment fund shall be exempt from the service charges 19 imposed by s. 215.20. 20 (b) Funds from the endowment that are available for 21 legislative appropriation pursuant to subsection (8) (6) shall 22 be transferred by the board to the Tobacco Settlement Clearing 23 Trust Fund, created in s. 17.41, in the amounts provided for 24 in this paragraph. 25 1. For fiscal year 2000-2001, funds shall be 26 distributed based on legislative appropriations. 27 2. For fiscal year 2001-2002 and beyond, funds shall 28 be distributed annually as follows: 29 a. Fifty percent shall be deposited into a separate 30 account in the Department of Children and Family Services 31 Tobacco Settlement Trust Fund to be appropriated pursuant to 7 10:24 AM 05/03/01 s2214.ju16.3c
SENATE AMENDMENT Bill No. CS for CS for SB 2214 Amendment No. ___ Barcode 742202 1 paragraph (10)(a) (8)(a); 2 b. Thirty-three and one-half percent shall be 3 deposited into the Biomedical Research Trust Fund in the 4 Department of Health to be appropriated pursuant to paragraph 5 (10)(b) (8)(b), if such a trust fund is created by law; 6 otherwise, the funds shall be deposited into the Department of 7 Health Tobacco Settlement Trust Fund; and 8 c. The remaining funds shall be deposited into a 9 separate account in the Department of Elderly Affairs Tobacco 10 Settlement Trust Fund to be appropriated pursuant to paragraph 11 (10)(a) (8)(a). 12 (c) Subject to legislative appropriations, state 13 agencies shall use distributions from the endowment fund to 14 enhance services for children and elders or to support 15 biomedical research initiatives pursuant to s. 215.5602. 16 (d) No later than October 1 of each year, the 17 Secretary of Health, the Secretary of Children and Family 18 Services, and the Secretary of Health Care Administration 19 shall develop a list of the top five funding priorities for 20 children's services eligible for funding from the endowment 21 funds, and the Secretary of Health, the Secretary of Elderly 22 Affairs, and the Secretary Director of Health Care 23 Administration shall develop a list of the top five funding 24 priorities for elder services eligible for funding from the 25 endowment funds. No later than November 15 of each year, the 26 list for children's services must be submitted to the advisory 27 council for children's services created in paragraph (11)(a) 28 (9)(a), and the list for elder services must be submitted to 29 the advisory council for elder services created in paragraph 30 (11)(b) (9)(b). The purposes of using the advisory councils 31 are to evaluate the funding priorities of the agencies, to 8 10:24 AM 05/03/01 s2214.ju16.3c
SENATE AMENDMENT Bill No. CS for CS for SB 2214 Amendment No. ___ Barcode 742202 1 evaluate the request against the mission and goals of the 2 agencies, to allow for public input and advocacy, and to gain 3 consensus for priority requests and recommended endowment 4 funding levels for those priority requests. 5 (e) Funds distributed from the endowment fund may not 6 be used to supplant existing revenues. 7 (f) When advised by the Revenue Estimating Conference 8 that a deficit will occur with respect to the appropriations 9 from the tobacco settlement trust funds of the state agencies 10 in any fiscal year, the Governor shall develop a plan of 11 action to eliminate the deficit. Before implementing the plan 12 of action, the Governor must comply with the provisions of s. 13 216.177(2). In developing the plan of action, the Governor 14 shall, to the extent possible, preserve legislative policy and 15 intent, and, absent any specific directions to the contrary in 16 the General Appropriations Act, any reductions in 17 appropriations from the tobacco settlement trust funds of the 18 state agencies for a fiscal year shall be prorated among the 19 purposes for which funds were appropriated from that Tobacco 20 Settlement Clearing Trust Fund for that year. 21 (7)(5) ADMINISTRATION OF THE ENDOWMENT.-- 22 (a) The board is authorized to invest and reinvest 23 funds of the endowment in those securities listed in s. 24 215.47, in accordance with the fiduciary standards set forth 25 in s. 215.47(9) and consistent with an investment plan 26 developed by the executive director and approved by the board. 27 Costs and fees of the board for investment services shall be 28 deducted from the earnings accruing to the endowment. 29 (b) The endowment shall be managed as an annuity. The 30 investment objective shall be long-term preservation of the 31 real value of the principal and a specified regular annual 9 10:24 AM 05/03/01 s2214.ju16.3c
SENATE AMENDMENT Bill No. CS for CS for SB 2214 Amendment No. ___ Barcode 742202 1 cash outflow for appropriation, as nonrecurring revenue. The 2 schedule of annual cash outflow shall be included within the 3 investment plan adopted pursuant to paragraph (a). 4 (c) The board shall establish a separate account for 5 the funds of the endowment. The board shall design and operate 6 an investment portfolio that maximizes the financial return to 7 the endowment, consistent with the risks inherent in each 8 investment, and that is designed to preserve an appropriate 9 diversification of the portfolio. 10 (d) No later than August 15 and February 15 of each 11 year, the board shall report on the financial status of the 12 endowment to the Governor, the Speaker of the House of 13 Representatives, the President of the Senate, the chairs of 14 the respective appropriations and appropriate substantive 15 committees of each chamber, and the Revenue Estimating 16 Conference. 17 (e) Accountability for funds from the endowment which 18 have been appropriated to a state agency shall reside with the 19 state agency. The board is not responsible for the proper 20 expenditure or accountability of funds from the endowment 21 after transfer to the Tobacco Settlement Clearing Trust Fund. 22 (f) The board may collect a fee for service from the 23 endowment no greater than that charged to the Florida 24 Retirement System. 25 (8)(6) AVAILABILITY OF FUNDS.-- 26 (a) Funds from the endowment shall not be available 27 for appropriation to a state agency until July 1, 2000. 28 Beginning July 1, 2000, the maximum annual amount of endowment 29 funds that may be appropriated shall be in accordance with the 30 following, based on earnings averaged over 3 years: 31 1. Beginning July 1, 2000, no more than a level of 10 10:24 AM 05/03/01 s2214.ju16.3c
SENATE AMENDMENT Bill No. CS for CS for SB 2214 Amendment No. ___ Barcode 742202 1 spending representing earnings at a rate of 3 percent. 2 2. Beginning July 1, 2001, no more than a level of 3 spending representing earnings at a rate of 4 percent. 4 3. Beginning July 1, 2002, no more than a level of 5 spending representing earnings at a rate of 5 percent. 6 4. Beginning July 1, 2003, and thereafter, no more 7 than a level of spending representing earnings at a rate of 6 8 percent. 9 (b) Notwithstanding the provisions of s. 216.301 and 10 pursuant to s. 216.351, all unencumbered balances of 11 appropriations as of June 30 or undisbursed balances as of 12 December 31 shall revert to the endowment's principal. 13 (9)(7) ENDOWMENT PRINCIPAL.--The endowment shall 14 receive moneys from the sale of the state's right, title, and 15 interest in and to the tobacco settlement agreement and from 16 amounts transferred from the Department of Banking and Finance 17 Tobacco Settlement Clearing Trust Fund. Amounts to be 18 transferred from the clearing trust fund shall be in the 19 following amounts for the following fiscal years: 20 (a) For fiscal year 1999-2000, $1.1 billion; 21 (b) For fiscal year 2000-2001, $200 million; 22 (c) For fiscal year 2001-2002, $200 million; and 23 (d) For fiscal year 2002-2003, $200 million; and. 24 (e) For all subsequent fiscal years, $30 million. 25 26 Amounts to be transferred pursuant to paragraphs (b), (c), and 27 (d), and (e) shall be reduced by an amount equal to the lesser 28 of the amount scheduled to be transferred in that fiscal year 29 pursuant to such paragraphs $200 million or the amount the 30 endowment receives in that fiscal year pursuant to the sale of 31 the state's right, title, and interest in and to the tobacco 11 10:24 AM 05/03/01 s2214.ju16.3c
SENATE AMENDMENT Bill No. CS for CS for SB 2214 Amendment No. ___ Barcode 742202 1 settlement agreement. 2 (10)(8) APPROPRIATIONS OF THE ENDOWMENT 3 EARNINGS.--Beginning with fiscal year 2001-2002: 4 (a) Appropriations by the Legislature to the 5 Department of Children and Family Services or the Department 6 of Elderly Affairs from the endowment earnings distributed to 7 those departments shall be from a category called Lawton 8 Chiles Endowment Fund Programs. The departments shall 9 distribute such appropriations pursuant to any directions or 10 limitations provided for in the General Appropriations Act and 11 consistent with this section. 12 (b) Appropriations by the Legislature to the 13 Department of Health from the endowment earnings distributed 14 to the department shall be from a category called Florida 15 Biomedical Research Program. The department shall spend such 16 funds in accordance with s. 215.5602. 17 (11)(9) LAWTON CHILES ENDOWMENT FUND ADVISORY 18 COUNCILS.--There are established the Lawton Chiles Endowment 19 Fund Advisory Councils, the purpose of which is to evaluate 20 and rank for legislative consideration recommendations 21 submitted to the councils by the agencies for evaluation under 22 paragraph (6)(d) (4)(d). 23 (a) There is created within the Department of Children 24 and Family Services the Lawton Chiles Endowment Fund Advisory 25 Council for Children. 26 1. The council shall consist of 13 members, including 27 the director of the United Way of Florida, Inc., or a 28 designee, the director of the Florida Federation of Community 29 Foundations or a designee, the director of the Florida Foster 30 Parents Association or a designee, and the director of the 31 Florida Pediatric Association or a designee. The Governor 12 10:24 AM 05/03/01 s2214.ju16.3c
SENATE AMENDMENT Bill No. CS for CS for SB 2214 Amendment No. ___ Barcode 742202 1 shall appoint the remaining council members, including: 2 a. An academic expert in child health policy. 3 b. A representative of a children's services council. 4 c. A representative of the Guardian Ad Litem Program. 5 d. A representative of a child welfare lead agency for 6 community-based care. 7 e. A representative of a statewide child advocacy 8 organization. 9 f. A youth representing a statewide youth 10 organization. 11 g. A professional who has expertise in the area of 12 child development. 13 h. Two consumer caregivers of children. 14 2. The council shall adopt internal organizational 15 procedures, including procedures for the appointment of a 16 chair, as necessary for its efficient organization. 17 3. The department shall provide such staff, 18 information, and other assistance as is reasonably necessary 19 to assist the council in carrying out its responsibilities. 20 4. Members of the council shall serve without 21 compensation, but may receive reimbursement as provided in s. 22 112.061 for travel and other necessary expenses incurred in 23 the performance of their official duties. 24 5. Before February 1 of each year, the council shall 25 advise the Legislature as to its ranking of the children's 26 programs submitted by the agencies for evaluation under 27 paragraph (6)(d) (4)(d). The responsibilities of the council 28 may include, but are not limited to: 29 a. Developing criteria and guiding principles for the 30 ranking of programs to be recommended to the Legislature. 31 b. Evaluating the value of programs or services 13 10:24 AM 05/03/01 s2214.ju16.3c
SENATE AMENDMENT Bill No. CS for CS for SB 2214 Amendment No. ___ Barcode 742202 1 submitted by the agencies as they relate to overall 2 enhancement for children. 3 c. Providing recommendations on the funding levels to 4 be allocated for the ranked programs. 5 d. Participating in periodic program evaluation to 6 determine the need for continued funding. 7 e. Soliciting appropriate input from children's 8 advocates and community stakeholders, such as voluntary 9 organizations, community-based care lead agencies, health care 10 delivery systems, business and industry, government agencies, 11 and children's service providers. 12 (b) There is created within the Department of Elderly 13 Affairs the Lawton Chiles Endowment Fund Advisory Council for 14 Elders. 15 1. The council shall consist of 13 members, including 16 the director of the United Way of Florida, Inc., or a 17 designee, the director of the Florida Federation of Community 18 Foundations or a designee, the director of the Florida branch 19 of the American Association of Retired Persons or a designee, 20 the director of the Florida Council on Aging or a designee, 21 and the State Long-Term Care Ombudsman or a designee. The 22 Governor shall appoint the remaining council members, 23 including: 24 a. An academic expert in elder health policy. 25 b. A professional who has experience with the delivery 26 of home care services. 27 c. A physician who is certified in geriatric medical 28 care. 29 d. A professional who has experience with the delivery 30 of services in adult congregate care facilities. 31 e. A professional who has experience with the delivery 14 10:24 AM 05/03/01 s2214.ju16.3c
SENATE AMENDMENT Bill No. CS for CS for SB 2214 Amendment No. ___ Barcode 742202 1 of services in a nursing home. 2 f. Two persons who are over the age of 60 years to 3 represent elders. 4 g. One consumer caregiver for an elderly person. 5 2. The council shall adopt internal organizational 6 procedures, including the appointment of a chair, as necessary 7 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 elder programs 17 submitted by the agencies for evaluation under paragraph 18 (6)(d) (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 elders. 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 elder advocates 30 and community stakeholders, such as voluntary organizations, 31 community-based care lead agencies, health care delivery 15 10:24 AM 05/03/01 s2214.ju16.3c
SENATE AMENDMENT Bill No. CS for CS for SB 2214 Amendment No. ___ Barcode 742202 1 systems, business and industry, government agencies, and 2 elder-service providers. 3 Section 2. Subsection (1) of section 210.15, Florida 4 Statutes, is amended to read: 5 210.15 Permits.-- 6 (1)(a) Every person, firm, or corporation desiring to 7 deal in cigarettes as a distributing agent, wholesale dealer, 8 or exporter within this state shall file an application for a 9 cigarette permit for each place of business with the Division 10 of Alcoholic Beverages and Tobacco. Every application for a 11 cigarette permit shall be made on forms furnished by the 12 division and shall set forth the name under which the 13 applicant transacts or intends to transact business, the 14 location of the applicant's place of business within the 15 state, and such other information as the division may require. 16 If the applicant has or intends to have more than one place of 17 business dealing in cigarettes within this state, the 18 application shall state the location of each place of 19 business. If the applicant is an association, the application 20 shall set forth the names and addresses of the persons 21 constituting the association, and if a corporation, the names 22 and addresses of the principal officers thereof and any other 23 information prescribed by the division for the purpose of 24 identification. The application shall be signed and verified 25 by oath or affirmation by the owner, if a natural person, and 26 in the case of an association or partnership, members or 27 partners thereof, and in the case of a corporation, by an 28 executive officer thereof or by any person specifically 29 authorized by the corporation to sign the application, to 30 which shall be attached the written evidence of this 31 authority. The cigarette permit for a distributing agent shall 16 10:24 AM 05/03/01 s2214.ju16.3c
SENATE AMENDMENT Bill No. CS for CS for SB 2214 Amendment No. ___ Barcode 742202 1 be issued annually for which an annual fee of $5 shall be 2 charged. 3 (b) The holder of any duly issued, annual permit for a 4 distributing agent shall be entitled to a renewal of his or 5 her annual permit from year to year as a matter of course, on 6 or before July 1, upon making application to the division and 7 upon payment of this annual permit fee. 8 (c) The permit for a distributing agent, wholesale 9 dealer, or exporter shall be issued only to persons of good 10 moral character, who are not less than 18 years of age. 11 Distributing agent, wholesale dealer, or exporter permits to 12 corporations shall be issued only to corporations whose 13 officers are of good moral character and not less than 18 14 years of age. There shall be no exemptions from the permit 15 fees herein provided to any persons, association of persons or 16 corporation, any law to the contrary notwithstanding. No 17 distributing agent, wholesale dealer, or exporter permit shall 18 be issued to any person who has been convicted within the past 19 5 years of any offense against the cigarette laws of this 20 state or who has been convicted in this state, any other 21 state, or the United States during the past 5 years of any 22 offense designated as a felony by such state or the United 23 States, or to a corporation, any of whose officers have been 24 so convicted. The term "conviction" shall include an 25 adjudication of guilt on a plea of guilty or a plea of nolo 26 contendere, or the forfeiture of a bond when charged with a 27 crime. 28 (d) The division may refuse to issue a distributing 29 agent, wholesale, or exporter permit to any person, firm, or 30 corporation whose permit under the cigarette law has been 31 revoked or to any corporation, an officer of which has had his 17 10:24 AM 05/03/01 s2214.ju16.3c
SENATE AMENDMENT Bill No. CS for CS for SB 2214 Amendment No. ___ Barcode 742202 1 or her permit under the cigarette law revoked, or to any 2 person who is or has been an officer of a corporation whose 3 permit has been revoked under the cigarette law. Any permit 4 issued to a firm or corporation prohibited from obtaining such 5 permit under the cigarette law may be revoked by the division. 6 (e) Prior to an application for a distributing agent, 7 wholesale dealer, or exporter permit being approved, the 8 applicant shall file a set of fingerprints on forms provided 9 by the division. The applicant shall also file a set of 10 fingerprints for any person or persons interested directly or 11 indirectly with the applicant in the business for which the 12 permit is being sought, when so required by the division. If 13 the applicant or any person interested with the applicant, 14 either directly or indirectly, in the business for which the 15 permit is sought shall be such a person as is within the 16 definition of persons to whom a distributing agent, wholesale 17 dealer, or exporter permit shall be denied, then the 18 application may be denied by the division. If the applicant 19 is a partnership, all members of the partnership are required 20 to file said fingerprints, or if a corporation, all principal 21 officers of the corporation are required to file said 22 fingerprints. The cigarette permit for a wholesale dealer or 23 exporter shall be originally issued at a fee of $100, which 24 sum is to cover the cost of the investigation required before 25 issuing such permit. 26 (f) The cigarette permit for a wholesale dealer or 27 exporter shall be renewed from year to year as a matter of 28 course, at an annual cost of $100, on or before July 1, upon 29 making application to the division and upon payment of the 30 annual renewal fee and public health tobacco equity surcharge 31 required in this chapter. 18 10:24 AM 05/03/01 s2214.ju16.3c
SENATE AMENDMENT Bill No. CS for CS for SB 2214 Amendment No. ___ Barcode 742202 1 (g) No tobacco product manufacturer, importer, 2 distributing agent, wholesale dealer, exporter or other 3 person shall use the State of Florida as a conduit to avoid or 4 evade taxes or other payments (including statutorily mandated 5 escrow payments) due or owing to another state, under the law 6 of that state. Each such manufacturer, importer, distributing 7 agent, wholesale exporter or other person shall provide a 8 sworn certification to the distributing agent, wholesale 9 dealer, exporter, or other person of its compliance with the 10 laws of the receiving state. A distributing agent, wholesale 11 dealer, exporter or other person who is transporting or 12 trans-shipping tobacco products through this state for sale 13 and consumption in another state in violation of this 14 subsection shall be subject to revocation of its permits, 15 licenses and bonds in this state. Tobacco products in Florida 16 that are in violation of this part are subject to seizure and 17 destruction by the department. 18 (h)(g) Permittees, by acceptance of their permits, 19 agree that their places of business or vehicles transporting 20 cigarettes shall always be subject to be inspected and 21 searched without a search warrant for the purpose of 22 ascertaining that all provisions of this part are complied 23 with by authorized employees of the division and also by 24 sheriffs, deputy sheriffs, and police officers during business 25 hours or during any other time such premises are occupied by 26 the permittee or other persons. Retail cigarette dealers and 27 manufacturers' representatives, by dealing in cigarettes, 28 agree that their places of business or vehicles transporting 29 cigarettes shall always be subject to inspection and search 30 without a search warrant for the purpose of ascertaining that 31 all provisions of this part are complied with by authorized 19 10:24 AM 05/03/01 s2214.ju16.3c
SENATE AMENDMENT Bill No. CS for CS for SB 2214 Amendment No. ___ Barcode 742202 1 employees of the division and also by sheriffs, deputy 2 sheriffs, and police officers during business hours or other 3 times when the premises are occupied by the retail dealer or 4 manufacturers' representatives or other persons. 5 (i)(h) No retail sales of cigarettes may be made at a 6 location for which a wholesale dealer, distributing agent, or 7 exporter permit has been issued. The excise tax on sales made 8 to any traveling location, such as an itinerant store or 9 industrial caterer, shall be paid into the General Revenue 10 Fund unallocated. Cigarettes may be purchased for retail 11 purposes only from a person holding a wholesale dealer permit. 12 The invoice for the purchase of cigarettes must show the place 13 of business for which the purchase is made and the cigarettes 14 cannot be transferred to any other place of business for the 15 purpose of resale. 16 Section 3. Subsections (19), (20), and (21) are added 17 to section 210.01, Florida Statutes, to read: 18 210.01 Definitions.--When used in this part the 19 following words shall have the meaning herein indicated: 20 (19) "Surcharge" means the Public Health Tobacco 21 Equity Surcharge as prescribed in ss. 210.0220, 210.0221, and 22 210.0222. 23 (20) "Participating Manufacturer" has the meaning 24 ascribed in s. 215.5601(2). However, any such manufacturer 25 whose obligations under such agreements are abated, excused, 26 nullified, or stayed, in total or in part, due to judicial 27 action after the enactment of this act is not a "participating 28 manufacturer" for purposes of this part. 29 (21) "Subscribing Participating Manufacturer" has the 30 meaning ascribed in s. 215.5601(2). 31 Section 4. Section 210.0220, Florida Statutes, is 20 10:24 AM 05/03/01 s2214.ju16.3c
SENATE AMENDMENT Bill No. CS for CS for SB 2214 Amendment No. ___ Barcode 742202 1 created to read: 2 210.0220 Public Health Tobacco Equity Surcharge; 3 Legislative intent and general provisions.-- 4 (1)(a) It is the legislative intent that the Public 5 Health Tobacco Equity Surcharge imposed in this part shall be 6 in addition to all other taxes imposed under this chapter and 7 other provisions of law. 8 (b) It is the legislative intent that the Public 9 Health Tobacco Equity Surcharge imposed in this part shall be 10 added to the tax imposed by s.210.02; that the Public Health 11 Tobacco Equity Surcharge imposed in this part shall not be a 12 substitute for or replace the tax imposed by s.210.02; and 13 that the Public Health Tobacco Equity Surcharge imposed in 14 this part shall supplement the tax imposed by s.210.02. 15 (c) The application of any one tax under this part 16 shall not preclude application of any or all of the other 17 taxes or the Public Health Tobacco Equity Surcharge provided 18 herein. 19 (2) The provisions of ss. 210.02, 210.04, 210.05, 20 210.06, 210.021, 210.07, 210.08, 210.09, 210.10, 210.11, 21 210.12, 210.13, 210.14, 210.15, 210.16, 210.1605, 210.161, 22 210.18, 210.185, 210.19, and 210.20 shall, as far as lawful or 23 practicable, be applicable to the levy and collection of the 24 Public Health Tobacco Equity Surcharge imposed pursuant to 25 this section as if fully set out in this section and made 26 expressly applicable to the surcharge imposed herein. 27 Section 5. Section 210.0221, Florida Statutes, is 28 created to read: 29 210.0221 Public Health Tobacco Equity Surcharge 30 Imposed.-- 31 (1) A surcharge, in addition to all other taxes of 21 10:24 AM 05/03/01 s2214.ju16.3c
SENATE AMENDMENT Bill No. CS for CS for SB 2214 Amendment No. ___ Barcode 742202 1 every kind imposed by law, is imposed upon the sale, receipt, 2 purchase, possession, consumption, handling, distribution, and 3 use of cigarettes in this state per package of cigarettes 4 after October 1, 2001 in the amount of $0.36 per package of 5 cigarettes. 6 (2) Cigarettes packed in packages containing less than 7 20 cigarettes require the same surcharge of $0.36 per such 8 package. 9 (3) The surcharge shall be added to the amount of the 10 tax imposed by s. 210.02. 11 (4) This surcharge, like the tax imposed by s. 210.02, 12 shall be paid by the wholesale dealer to the division for 13 deposit and distribution as hereinafter provided upon the 14 first sale or transaction within the state, whether or not 15 such sale or transfer is to the ultimate purchaser or 16 consumer. 17 (5) The wholesale dealer shall collect the surcharge 18 from the retail dealer upon the sale of the cigarettes to the 19 retail dealer. The retail dealer shall collect the surcharge 20 from the purchaser or consumer, and the purchaser or consumer 21 shall pay the surcharge to the seller. 22 (6) The wholesale dealer shall be responsible for the 23 collection of the surcharge and the payment of the same to the 24 division. The remittance of the surcharge is due not later 25 than the 10th day of the month following the calendar month in 26 which they were incurred, and thereafter shall bear interest 27 at the rate of 1 percent per month. If the amount of 28 surcharge due for a given period is paid without allocating it 29 to any particular month, the interest shall begin with the 30 date of the assessment. 31 (7) Whenever cigarettes are shipped from outside the 22 10:24 AM 05/03/01 s2214.ju16.3c
SENATE AMENDMENT Bill No. CS for CS for SB 2214 Amendment No. ___ Barcode 742202 1 state to anyone in Florida other than a distributing agent or 2 wholesale dealer, the person receiving the cigarettes shall be 3 responsible for the surcharge on said cigarettes and the 4 payment of same to the division. 5 Section 6. Section 210.0222, Florida Statutes, is 6 created to read: 7 210.0222 Credit on the Payment of the Surcharge.-- 8 (1)(a) A $0.36 per package of cigarettes credit of 9 this public health tobacco equity surcharge shall be extended 10 for cigarettes sold in Florida after October 1, 2001 that have 11 been produced or manufactured by each Participating 12 Manufacturer, as defined in s. 215.5601(4)(a). 13 (b) The credit to each Participating Manufacturer 14 shall be computed per package on an annual basis by the 15 division. The total annual credit shall not exceed the amount 16 annually owed by each Participating Manufacturer to the State 17 of Florida under the qualifying settlement agreements 18 enumerated in s. 215.5601(4)(a). 19 (2)(a) Cigarettes produced by each Subscribing 20 Participating Manufacturer that fully comply with the 21 agreement entered into with the Attorney General under s. 22 215.5601(4)(c) shall receive a credit of this public health 23 tobacco equity surcharge for each package of cigarettes sold 24 in Florida after October 1, 2001 that has been produced or 25 manufactured by each Subscribing Participating Manufacturer as 26 defined in s. 215.5601(4)(c). 27 (b) A $0.36 per package of cigarettes credit of this 28 public health tobacco equity surcharge shall be extended for 29 each package of cigarettes sold in Florida after October 1, 30 2001 that has been produced or manufactured by each 31 Subscribing Participating Manufacturer, as defined in s. 23 10:24 AM 05/03/01 s2214.ju16.3c
SENATE AMENDMENT Bill No. CS for CS for SB 2214 Amendment No. ___ Barcode 742202 1 215.5601(4)(c). 2 (c) The credit to each Subscribing Participating 3 Manufacturer shall be computed per package on an annual basis 4 by the division. The total annual credit shall not exceed the 5 amount annually paid by each Subscribing Participating 6 Manufacturer to the State of Florida under the qualifying 7 settlement agreements enumerated in s. 215.5601(4)(c). 8 Section 7. Section 210.0223, Florida Statutes, is 9 created to read: 10 210.0223 Deposit of Proceeds.--The proceeds of the 11 public health tobacco equity surcharge received by the 12 Department of Business and Professional Regulation shall be 13 deposited into the Department of Banking and Finance Tobacco 14 Settlement Clearing Trust Fund. For the purposes of this 15 section, "proceeds" of the surcharge shall mean all funds 16 collected and received by the division hereunder, including 17 interest and penalties on delinquent surcharge payments. 18 Section 8. Section 210.0224, Florida Statutes, is 19 created to read: 20 210.0224 Administration.-- 21 (1) The division shall administer, collect, and 22 enforce the surcharge imposed under this part pursuant to the 23 same procedures used in the administration, collection, and 24 enforcement of the general state excise tax imposed under part 25 I of this chapter, except as provided in this section. 26 (2) The division is authorized to adopt rules to 27 implement the provisions of this part. 28 (3) The participating manufacturers and subscribing 29 participating manufacturers shall provide to the division on a 30 quarterly basis a complete list of those products produced by 31 such manufacturers and shipped into the State of Florida. 24 10:24 AM 05/03/01 s2214.ju16.3c
SENATE AMENDMENT Bill No. CS for CS for SB 2214 Amendment No. ___ Barcode 742202 1 Failure to timely provide the information required by this 2 section shall constitute a waiver of the credit for the 3 reporting period. 4 (4) The division will quarterly provide the wholesale 5 dealers with a list of those products produced by the 6 Participating Manufacturers and Subscribing Participating 7 Manufacturers that qualify for the credit allowed under s. 8 210.0222. 9 Section 9. Section 210.0225, Florida Statutes, is 10 created to read: 11 210.0225 Declaration of Legislative Intent.-- 12 (1) If any section, subsection, sentence, clause, 13 phrase or word of this law is for any reason held or declared 14 to be unconstitutional, invalid, inoperative, ineffective, 15 inapplicable, or void, such invalidity or unconstitutionality 16 shall not be construed to affect the portions of this law not 17 so held to be unconstitutional, void, invalid, or ineffective, 18 or affect the application of this law to other circumstances 19 not so held to be invalid, it being hereby declared to be the 20 express legislative intent that any such unconstitutional, 21 illegal, invalid, ineffective, inapplicable, or void portion 22 or portions of this law did not induce its passage, and that 23 without the inclusion of any such unconstitutional, illegal, 24 invalid, ineffective, or void portions of this law, the 25 Legislature would have enacted the valid and constitutional 26 portions thereof. 27 (2) It is hereby declared to be the specific 28 legislative intent to impose the public health tobacco equity 29 surcharge on each and every pack of cigarettes sold in the 30 State of Florida after October 1, 2001. It is further 31 declared to be the specific legislative intent that should any 25 10:24 AM 05/03/01 s2214.ju16.3c
SENATE AMENDMENT Bill No. CS for CS for SB 2214 Amendment No. ___ Barcode 742202 1 credit or attempted credit from the public health tobacco 2 equity surcharge or from the operation or imposition of the 3 public health tobacco equity surcharge be declared to be 4 invalid, ineffective, inapplicable, unconstitutional, or void 5 for any reason, such declaration shall not affect the public 6 health tobacco equity surcharge imposed herein, but such sales 7 of cigarettes for which a credit is given or a credit is 8 attempted to be given from the public health tobacco equity 9 surcharge, shall be subject to the public health tobacco 10 equity surcharge and the operation and imposition thereof to 11 the same extent as if such credit or attempted credit had 12 never been included herein. 13 (3) It is further declared to be the specific 14 legislative intent to provide a credit from the public health 15 tobacco equity surcharge or from the operation or the 16 imposition thereof only to the extent that such credits are in 17 accordance with the provisions of the constitutions of the 18 state and of the United States. 19 (4) It is further declared to be the specific 20 legislative intent to impose the public health tobacco equity 21 surcharge on each and every sale of cigarettes in the State of 22 Florida specifically providing a credit therefrom by this law 23 to the extent that such credits are in accordance with the 24 provisions of the constitutions of the state and of the United 25 States. 26 (5) It being further declared to be the specific 27 legislative intent that in the event any credit or attempted 28 credit from the public health tobacco equity surcharge imposed 29 by this law is for any reason declared to be unconstitutional, 30 ineffective, inapplicable, or void, that then and in such 31 event each and every such sale of cigarettes shall be subject 26 10:24 AM 05/03/01 s2214.ju16.3c
SENATE AMENDMENT Bill No. CS for CS for SB 2214 Amendment No. ___ Barcode 742202 1 to the public health tobacco equity surcharge imposed by this 2 law as fully and to the same extent as if such credit or 3 attempted credit had never been included herein, it being 4 declared to be the specific legislative intent that no 5 unconstitutional, invalid, ineffective, inapplicable, or void 6 credit or attempted credit induced the passage of this law, it 7 being further declared to be the specific legislative intent 8 that without the inclusion herein of any such 9 unconstitutional, invalid, ineffective, inapplicable, or void 10 credit or attempted credit, the valid portions of this law 11 would have been enacted. 12 (6) It is the legislative intent that the repeal of 13 any provision heretofore providing a credit in whole or part 14 of any item or transaction from the public health tobacco 15 equity surcharge imposed by this law shall result in the full 16 imposition of the public health tobacco equity surcharge to 17 any such item or transaction. 18 Section 10. Subsection (4) of section 17.41, Florida 19 Statutes, is amended to read: 20 17.41 Department of Banking and Finance Tobacco 21 Settlement Clearing Trust Fund.-- 22 (4) Net proceeds of the sale of the tobacco settlement 23 agreement received by the state shall be immediately deposited 24 into the Lawton Chiles Endowment Fund, created in s. 215.5601 25 s. 215.5601(4), without deposit to the Tobacco Settlement 26 Clearing Trust Fund. 27 Section 11. Paragraph (h) of subsection (1) of section 28 20.435, Florida Statutes, is amended to read: 29 20.435 Department of Health; trust funds.-- 30 (1) The following trust funds are hereby created, to 31 be administered by the Department of Health: 27 10:24 AM 05/03/01 s2214.ju16.3c
SENATE AMENDMENT Bill No. CS for CS for SB 2214 Amendment No. ___ Barcode 742202 1 (h) Biomedical Research Trust Fund. 2 1. Funds to be credited to the trust fund shall 3 consist of funds deposited pursuant to s. 215.5601(6) s. 4 215.5601(4). Funds shall be used for the purposes of the 5 Florida Biomedical Research Program as specified in s. 6 215.5602. The trust fund is exempt from the service charges 7 imposed by s. 215.20. 8 2. Notwithstanding the provisions of s. 216.301 and 9 pursuant to s. 216.351, any balance in the trust fund at the 10 end of any fiscal year shall remain in the trust fund at the 11 end of the year and shall be available for carrying out the 12 purposes of the trust fund. 13 3. The trust fund shall, unless terminated sooner, be 14 terminated on July 1, 2004. 15 Section 12. Subsection (1) of section 215.5602, 16 Florida Statutes, is amended to read: 17 215.5602 Florida Biomedical Research Program.-- 18 (1) There is established within the Department of 19 Health the Florida Biomedical Research Program funded by the 20 proceeds of the Lawton Chiles Endowment Fund pursuant to s. 21 215.5601 s. 215.5601(4). The purpose of the Florida Biomedical 22 Research Program is to support research initiatives that 23 address the health care problems of Floridians in the areas of 24 cancer, cardiovascular disease, stroke, and pulmonary disease. 25 The long-term goals of the program are to: 26 (a) Improve the health of Floridians by researching 27 better prevention, diagnoses, and treatments for cancer, 28 cardiovascular disease, stroke, and pulmonary disease. 29 (b) Expand the foundation of biomedical knowledge 30 relating to the prevention, diagnosis, and treatment of 31 diseases related to tobacco use, including cancer, 28 10:24 AM 05/03/01 s2214.ju16.3c
SENATE AMENDMENT Bill No. CS for CS for SB 2214 Amendment No. ___ Barcode 742202 1 cardiovascular disease, stroke, and pulmonary disease. 2 (c) Improve the quality of the state's academic health 3 centers by bringing the advances of biomedical research into 4 the training of physicians and other health care providers. 5 (d) Increase the state's per capita funding for 6 biomedical research by undertaking new initiatives in 7 biomedical research that will attract additional funding from 8 outside the state. 9 (e) Stimulate economic activity in the state in areas 10 related to biomedical research, such as the research and 11 production of pharmaceuticals, biotechnology, and medical 12 devices. 13 Section 13. This act shall take effect upon becoming a 14 law. 15 16 17 ================ T I T L E A M E N D M E N T =============== 18 And the title is amended as follows: 19 Delete everything before the enacting clause 20 21 and insert: 22 An act relating to tobacco; amending s. 23 215.5601, F.S.; defining the terms 24 "participating manufacturer," "subscribing 25 participating manufacturer," "outdoor 26 advertising," and "transit advertisements"; 27 revising legislative intent; specifying 28 procedures by which a tobacco manufacturer may 29 become a "participating manufacturer"; or a 30 "subscribing participating manufacturer"; 31 providing for funds received from participating 29 10:24 AM 05/03/01 s2214.ju16.3c
SENATE AMENDMENT Bill No. CS for CS for SB 2214 Amendment No. ___ Barcode 742202 1 manufacturers and subscribing participating 2 manufacturers to be deposited into the Tobacco 3 Settlement Clearing Trust Fund; providing a 4 portion of such funds to the Florida 5 Comprehensive Health Association; providing for 6 a portion of unappropriated funds to be 7 deposited into the Lawton Chiles Endowment 8 Fund; amending s. 210.15, F.S.; directing 9 wholesalers to pay surcharges required by 10 chapter; prohibiting specific practices by 11 tobacco product manufacturers, importers, 12 distributing agents, wholesale dealers, 13 exporters or others; amending s. 210.01, F.S.; 14 defining the terms "surcharges," "participating 15 manufacturer," and "subscribing participating 16 manufacturer"; creating s. 210.0220, F.S.; 17 providing for imposition of the public health 18 tobacco equity surcharge; providing legislative 19 intent; providing applicability of specified 20 provisions of law; creating s. 210.0221, F.S.; 21 imposing the public health tobacco equity 22 surcharge on the sale, receipt, purchase, 23 possession, consumption, handling, 24 distribution, and use of cigarettes in this 25 state; specifying the amount of the surcharge; 26 providing that the surcharge will be paid by 27 the wholesale dealer; providing for collection 28 of surcharge; requiring collection and payment 29 to the division; providing for interest on 30 unpaid amount; providing for responsible party 31 when cigarettes shipped to other than wholesale 30 10:24 AM 05/03/01 s2214.ju16.3c
SENATE AMENDMENT Bill No. CS for CS for SB 2214 Amendment No. ___ Barcode 742202 1 dealer; creating s. 210.0222, F.S.; providing 2 credit against surcharge for participating 3 manufacturers and subscribing participating 4 manufacturers; providing amount of credit; 5 creating s. 210.0223, F.S.; providing for 6 deposit of proceeds to the Tobacco Settlement 7 Clearing Trust Fund; defining "proceeds"; 8 creating s.210.0224, F.S.; providing for duties 9 of the division; providing for reports from 10 participating manufacturers and subscribing 11 participating manufacturers; creating s. 12 210.0225, F.S.; providing intent related to 13 severability and impact of declaration of 14 unconstitutionality; amending s. 17.41, F.S., 15 correcting a cross reference; providing an 16 effective date. 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 31 10:24 AM 05/03/01 s2214.ju16.3c