Senate Bill sb2214c1

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    Florida Senate - 2001                           CS for SB 2214

    By the Committee on Judiciary and Senator Burt





    308-1814-01

  1                      A bill to be entitled

  2         An act relating to tobacco-settlement

  3         agreements; amending s. 215.5601, F.S.;

  4         defining the terms "participating

  5         manufacturer," "outdoor advertising," and

  6         "transit advertisements"; revising legislative

  7         intent; specifying procedures by which a

  8         tobacco manufacturer may become a participating

  9         manufacturer; providing for signatories to a

10         specified settlement agreement to be

11         participating manufacturers; providing for

12         funds received from participating manufacturers

13         to be deposited into the Tobacco Settlement

14         Clearing Trust Fund; providing for a portion of

15         unappropriated funds to be deposited into the

16         Lawton Chiles Endowment Fund; amending s.

17         210.15, F.S.; imposing a supplemental permit

18         fee on wholesale dealers; providing for

19         calculation of fee; amending s. 210.20, F.S.;

20         providing for the deposit of proceeds of the

21         supplemental permit fee; amending ss. 17.41,

22         20.435, 215.5602, F.S., relating to the Tobacco

23         Settlement Clearing Trust Fund, the Biomedical

24         Research Trust Fund, and the Florida Biomedical

25         Research Program; conforming provisions to

26         changes made by the act; providing an effective

27         date.

28

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

30

31

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    Florida Senate - 2001                           CS for SB 2214
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  1         Section 1.  Section 215.5601, Florida Statutes, is

  2  amended to read:

  3         215.5601  Lawton Chiles Endowment Fund.--

  4         (1)  SHORT TITLE.--This section may be cited as the

  5  "Lawton Chiles Endowment Fund."

  6         (2)  DEFINITIONS.--As used in this section:

  7         (a)  "Board" means the State Board of Administration

  8  established by s. 16, Art. IX of the State Constitution of

  9  1885 and incorporated into s. 9(c), Art. XII of the State

10  Constitution of 1968.

11         (b)  "Endowment" means the Lawton Chiles Endowment

12  Fund.

13         (c)  "Earnings" means all income generated by

14  investments and the net change in the market value of assets.

15         (d)  "Outdoor advertising" means billboards, as well as

16  all signs and placards in arenas and stadia, whether open-air

17  or enclosed. It does not include:

18         1.  Any advertisement placed on or outside the premises

19  of retail establishments licensed to sell tobacco products or

20  any retail point-of-sale; or

21         2.  Any advertisement or billboard in connection with

22  the sponsorship by a tobacco product manufacturer or importer

23  of any entertainment, sporting, or similar event, such as the

24  National Association for Stock Car Auto Racing (NASCAR) which

25  appears in the State of Florida as part of a national or

26  multi-state tour.

27         (e)  "Participating manufacturer" means any

28  manufacturer of tobacco products which meets the requirements

29  of subsection (4).

30         (f)(d)  "State agency" or "state agencies" means the

31  Department of Health, the Department of Children and Family

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  1  Services, the Department of Elderly Affairs, or the Agency for

  2  Health Care Administration, or any combination thereof, as the

  3  context indicates.

  4         (g)  "Transit advertisements" means advertising on

  5  private or public vehicles and all advertisements placed at,

  6  on, or within any bus stop, taxi stand, waiting area, train

  7  station, airport, or similar location.

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

  9  Legislature to:

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

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

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

13  initiatives, elder programs, and biomedical research

14  activities.

15         (b)  Ensure that enhancement revenues will be available

16  to finance these important programs and initiatives.

17         (c)  Use funds received from the Tobacco Settlement

18  Clearing Trust Fund moneys to ensure the financial security of

19  vital health and human services programs for children and

20  elders.

21         (d)  Encourage the development of community-based

22  solutions to strengthen and improve the quality of life of

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

24         (e)  Provide funds for cancer research and

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

26         (f)  Provide tobacco manufacturers the opportunity to

27  voluntarily participate in mitigating the impact of the use of

28  tobacco on the residents of this state.

29         (4)  PARTICIPATING MANUFACTURERS; QUALIFICATIONS.--

30         (a)  A tobacco product manufacturer that is a signatory

31  or released party to the August 25, 1997, settlement agreement

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  1  in the State of Florida, et al. v. American Tobacco Company,

  2  et al., and the settlement agreement entered on March 15,

  3  1996, in the case of State of West Virginia, State of Florida,

  4  State of Mississippi, Commonwealth of Massachusetts, and State

  5  of Louisiana v. Broke Group Ltd. and Liggett Group, Inc., and

  6  that is in compliance with all economic and noneconomic terms

  7  and conditions contained in those agreements and all

  8  amendments and supplemental agreements in those actions is a

  9  "participating manufacturer" within the meaning of this

10  section.

11         (b)  A tobacco product manufacturer or importer may

12  become a "participating manufacturer" within the meaning of

13  this section, by entering into an agreement with the State of

14  Florida, through, with, and administered by the Attorney

15  General, which provides for the following:

16         1.  Elimination of the outdoor advertising and transit

17  advertisements at the earlier of the expiration of applicable

18  contracts or 4 months after the date the final list of outdoor

19  advertising signs is supplied to the Attorney General. The

20  manufacturer or importer shall provide a final list of the

21  location of all its outdoor advertising signs and transit

22  advertisements to the Attorney General within 45 days after

23  entering the agreement.

24         2.  Agreement to support legislative initiatives to

25  enact new laws and administrative initiatives to adopt new

26  rules intended to effectuate the following:

27         a.  The prohibition of the sale of cigarettes in

28  vending machines, except in adult-only locations and

29  facilities;

30

31

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  1         b.  The strengthening of civil penalties for sales of

  2  tobacco products to children under the age of 18, including

  3  the suspension or revocation of retail licenses; and

  4         c.  The strengthening of civil penalties for possession

  5  of tobacco products by children under the age of 18.

  6         3.  Prohibition on making or causing to be made, in

  7  connection with any motion picture made in the United States,

  8  any payment, direct or indirect, to any person to use,

  9  display, make reference to, or use as a prop any cigarette,

10  cigarette package, advertisement for cigarettes, or any other

11  item bearing the brand name, logo, symbol, motto, selling

12  message, recognizable color or pattern of colors, or any other

13  indicia of product identification identical or similar to, or

14  identifiable with, those used for any brand of tobacco

15  products;

16         4.  Prohibition and permanent cessation on marketing,

17  licensing, distributing, selling, or offering, directly or

18  indirectly, including by catalogue or direct mail, in the

19  State of Florida, any item (other than tobacco products or any

20  item of which the sole function is to advertise tobacco

21  products) which bears the brand name (along or in conjunction

22  with any other word), logo, symbol, motto, selling message,

23  recognizable color or pattern of colors, or any other indicia

24  of product identification identical or similar to, or

25  identifiable with, those used for any brand of domestic

26  tobacco products.

27         5.  Support of the state's efforts to mitigate the

28  impact of the use of tobacco products through annual payments

29  to the state. On January 1 of each year, the Division of

30  Alcoholic Beverages and Tobacco of the Department of Business

31  and Professional Regulation shall calculate the payment

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  1  amount, which is due by January 31 of that year. The payment

  2  amount shall be based on the number of cigarette packages

  3  delivered to wholesale dealers for sale in this state by the

  4  manufacturer from January 1 until December 31 of the prior

  5  year. The payment amount per package shall be calculated as

  6  the total annual payment due to the state pursuant to the

  7  settlement agreement in the case of The State of Florida et

  8  al. v. American Tobacco Company, et al., divided by the total

  9  number of packages delivered to wholesale dealers for sale in

10  this state by the four settling manufacturers during the

11  previous 12 months, rounded to the nearest tenth of a cent.

12         (c)  Cigarettes produced by each tobacco product

13  manufacturer or importer that fully complies with the

14  agreement entered into with the Attorney General under

15  paragraph (b) and makes the annual payment by January 31 are

16  exempt from the supplemental permit fee on cigarettes imposed

17  under s. 210.15(1)(g) for the subsequent 12-month period.

18         (d)  A tobacco product manufacturer may also become a

19  participating manufacturer by:

20         1.  Certifying to the Attorney General that the

21  manufacturer was not manufacturing and selling its cigarette

22  brands in this state before January 1, 1994;

23         2.  Certifying to the Attorney General that the

24  manufacturer is not engaging in outdoor or transit advertising

25  of its cigarettes in this state;

26         3.  Certifying to the Attorney General that the

27  manufacturer will terminate its cigarette sales in this state

28  on or before January 1, 2008;

29         4.  Undertaking to sell cigarettes in this state which

30  are manufactured to deliver less toxins through the use of

31  very-low-TSNA flue-cured tobacco and activated

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  1  charcoal/acetate filter. To meet the requirements of this

  2  subparagraph, the manufacturer shall certify to the Attorney

  3  General within 90 days after the effective date of this act

  4  that all of its cigarettes sold in this state have at least 20

  5  percent very-low-TSNA flue-cured tobacco, as well as activated

  6  charcoal/acetate filters with at least 30 milligrams of

  7  charcoal, and shall certify to the Attorney General within 2

  8  years after the effective date of this act that all of its

  9  cigarettes sold in this state have 100 percent very-low-TSNA

10  flue-cured tobacco, as well as activated charcoal/acetate

11  filters with at least 30 milligrams of charcoal. For purposes

12  of this subparagraph, "very-low-TSNA flue-cured tobacco" means

13  tobacco having less than 400 parts per billion of the

14  carcinogenic tobacco specific nitrosamines, NNN and NNK; and

15         5.  Filing a copy of its annual SEC Form 10K with the

16  Attorney General.

17

18  Cigarettes produced by such manufacturer under this paragraph

19  are exempt from the supplemental permit fee imposed under s.

20  210.15(1)(g). Failure of the tobacco product manufacturer to

21  comply with this paragraph shall result in the manufacturer

22  becoming immediately liable for payment of the supplemental

23  permit fee imposed under s. 210.15(1)(g) for all 12-month

24  periods from inception of the fee plus interest and a penalty

25  equal to the amount of the fee.

26         (e)  Any tobacco manufacturer that was a defendant in

27  the case of the State of Florida et al. v. American Tobacco

28  Company et al., but was dismissed from such case and is not a

29  signatory to the settlement agreement entered on August 25,

30  1997, and that certifies to the Attorney General that it will

31  comply with the noneconomic provisions of the settlement

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    Florida Senate - 2001                           CS for SB 2214
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  1  agreement is a participating manufacturer. Failure of the

  2  tobacco product manufacturer to comply with this paragraph

  3  shall result in the manufacturer becoming immediately liable

  4  for payment of the supplemental permit fee imposed under s.

  5  210.15(1)(g) for all 12-month periods from inception of the

  6  fee plus interest and a penalty equal to the amount of the

  7  fee.

  8         (f)  Funds received from participating manufacturers

  9  shall be deposited into the Department of Banking and Finance

10  Tobacco Settlement Clearing Trust Fund.

11         (5)(4)  LAWTON CHILES ENDOWMENT FUND; CREATION;

12  PURPOSES AND USES.--

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

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

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

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

17  Constitution and shall be funded by settlement moneys received

18  from the Tobacco Settlement Clearing Trust Fund industry and

19  by moneys received from the sale of the state's right, title,

20  and interest in and to the tobacco settlement agreement,

21  including the right to receive payments under such agreement.

22  The endowment fund shall be exempt from the service charges

23  imposed by s. 215.20.

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

25  legislative appropriation pursuant to subsection (7) (6) shall

26  be transferred by the board to the Tobacco Settlement Clearing

27  Trust Fund, created in s. 17.41, in the amounts provided for

28  in this paragraph.

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

30  distributed based on legislative appropriations.

31

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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 (9)(a) (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  (9)(a) (8)(b), if such a trust fund is created by law;

11  otherwise, the funds shall be deposited into the Department of

12  Health Tobacco 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  (9)(a) (8)(a).

17         (c)  Subject to legislative appropriations, state

18  agencies shall use distributions from the endowment fund to

19  enhance services for children and elders or to support

20  biomedical research initiatives pursuant to s. 215.5602.

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

22  Secretary of Health, the Secretary of Children and Family

23  Services, and the Secretary of Health Care Administration

24  shall develop a list of the top five funding priorities for

25  children's services eligible for funding from the endowment

26  funds, and the Secretary of Health, the Secretary of Elderly

27  Affairs, and the Secretary Director of Health Care

28  Administration shall develop a list of the top five funding

29  priorities for elder services eligible for funding from the

30  endowment funds. No later than November 15 of each year, the

31  list for children's services must be submitted to the advisory

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  1  council for children's services created in paragraph (10)(a)

  2  (9)(a), and the list for elder services must be submitted to

  3  the advisory council for elder services created in paragraph

  4  (10)(a) (9)(b). The purposes of using the advisory councils

  5  are to evaluate the funding priorities of the agencies, to

  6  evaluate the request against the mission and goals of the

  7  agencies, to allow for public input and advocacy, and to gain

  8  consensus for priority requests and recommended endowment

  9  funding levels for those priority requests.

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

11  be used to supplant existing revenues.

12         (f)  When advised by the Revenue Estimating Conference

13  that a deficit will occur with respect to the appropriations

14  from the tobacco settlement trust funds of the state agencies

15  in any fiscal year, the Governor shall develop a plan of

16  action to eliminate the deficit. Before implementing the plan

17  of action, the Governor must comply with the provisions of s.

18  216.177(2). In developing the plan of action, the Governor

19  shall, to the extent possible, preserve legislative policy and

20  intent, and, absent any specific directions to the contrary in

21  the General Appropriations Act, any reductions in

22  appropriations from the tobacco settlement trust funds of the

23  state agencies for a fiscal year shall be prorated among the

24  purposes for which funds were appropriated from that Tobacco

25  Settlement Clearing Trust Fund for that year.

26         (6)(5)  ADMINISTRATION OF THE ENDOWMENT.--

27         (a)  The board is authorized to invest and reinvest

28  funds of the endowment in those securities listed in s.

29  215.47, in accordance with the fiduciary standards set forth

30  in s. 215.47(9) and consistent with an investment plan

31  developed by the executive director and approved by the board.

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  1  Costs and fees of the board for investment services shall be

  2  deducted from the earnings accruing to the endowment.

  3         (b)  The endowment shall be managed as an annuity. The

  4  investment objective shall be long-term preservation of the

  5  real value of the principal and a specified regular annual

  6  cash outflow for appropriation, as nonrecurring revenue. The

  7  schedule of annual cash outflow shall be included within the

  8  investment plan adopted pursuant to paragraph (a).

  9         (c)  The board shall establish a separate account for

10  the funds of the endowment. The board shall design and operate

11  an investment portfolio that maximizes the financial return to

12  the endowment, consistent with the risks inherent in each

13  investment, and that is designed to preserve an appropriate

14  diversification of the portfolio.

15         (d)  No later than August 15 and February 15 of each

16  year, the board shall report on the financial status of the

17  endowment to the Governor, the Speaker of the House of

18  Representatives, the President of the Senate, the chairs of

19  the respective appropriations and appropriate substantive

20  committees of each chamber, and the Revenue Estimating

21  Conference.

22         (e)  Accountability for funds from the endowment which

23  have been appropriated to a state agency shall reside with the

24  state agency. The board is not responsible for the proper

25  expenditure or accountability of funds from the endowment

26  after transfer to the Tobacco Settlement Clearing Trust Fund.

27         (f)  The board may collect a fee for service from the

28  endowment no greater than that charged to the Florida

29  Retirement System.

30         (7)(6)  AVAILABILITY OF FUNDS.--

31

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  1         (a)  Funds from the endowment shall not be available

  2  for appropriation to a state agency until July 1, 2000.

  3  Beginning July 1, 2000, the maximum annual amount of endowment

  4  funds that may be appropriated shall be in accordance with the

  5  following, based on earnings averaged over 3 years:

  6         1.  Beginning July 1, 2000, no more than a level of

  7  spending representing earnings at a rate of 3 percent.

  8         2.  Beginning July 1, 2001, no more than a level of

  9  spending representing earnings at a rate of 4 percent.

10         3.  Beginning July 1, 2002, no more than a level of

11  spending representing earnings at a rate of 5 percent.

12         4.  Beginning July 1, 2003, and thereafter, no more

13  than a level of spending representing earnings at a rate of 6

14  percent.

15         (b)  Notwithstanding the provisions of s. 216.301 and

16  pursuant to s. 216.351, all unencumbered balances of

17  appropriations as of June 30 or undisbursed balances as of

18  December 31 shall revert to the endowment's principal.

19         (8)(7)  ENDOWMENT PRINCIPAL.--The endowment shall

20  receive moneys from the sale of the state's right, title, and

21  interest in and to the tobacco settlement agreement and from

22  amounts transferred from the Department of Banking and Finance

23  Tobacco Settlement Clearing Trust Fund.  Amounts to be

24  transferred from the clearing trust fund shall be in the

25  following amounts for the following fiscal years:

26         (a)  For fiscal year 1999-2000, $1.1 billion;

27         (b)  For fiscal year 2000-2001, $200 million;

28         (c)  For fiscal year 2001-2002, $200 million; and

29         (d)  For fiscal year 2002-2003, $200 million; and.

30         (e)  For all subsequent fiscal years, an amount equal

31  to the greater of $40 million or 10 percent of the payments

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  1  deposited into the Department of Banking and Finance Tobacco

  2  Settlement Clearing Trust Fund pursuant to subsection (4) and

  3  s. 210.20(4).

  4

  5  Amounts to be transferred pursuant to paragraphs (b), (c), and

  6  (d), and (e) shall be reduced by an amount equal to the lesser

  7  of the amount scheduled to be transferred in that fiscal year

  8  pursuant to such paragraphs. $200 million or the amount the

  9  endowment receives in that fiscal year pursuant to the sale of

10  the state's right, title, and interest in and to the tobacco

11  settlement agreement.

12         (9)(8)  APPROPRIATIONS OF THE ENDOWMENT

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

14         (a)  Appropriations by the Legislature to the

15  Department of Children and Family Services or the Department

16  of Elderly Affairs from the endowment earnings distributed to

17  those departments shall be from a category called Lawton

18  Chiles Endowment Fund Programs. The departments shall

19  distribute such appropriations pursuant to any directions or

20  limitations provided for in the General Appropriations Act and

21  consistent with this section.

22         (b)  Appropriations by the Legislature to the

23  Department of Health from the endowment earnings distributed

24  to the department shall be from a category called Florida

25  Biomedical Research Program. The department shall spend such

26  funds in accordance with s. 215.5602.

27         (10)(9)  LAWTON CHILES ENDOWMENT FUND ADVISORY

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

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

30  and rank for legislative consideration recommendations

31

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  1  submitted to the councils by the agencies for evaluation under

  2  paragraph (5)(d) (4)(d).

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

  4  and Family Services the Lawton Chiles Endowment Fund Advisory

  5  Council for Children.

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

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

  8  designee, the director of the Florida Federation of Community

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

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

11  Florida Pediatric Association or a designee. The Governor

12  shall appoint the remaining council members, including:

13         a.  An academic expert in child health policy.

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

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

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

17  community-based care.

18         e.  A representative of a statewide child advocacy

19  organization.

20         f.  A youth representing a statewide youth

21  organization.

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

23  child development.

24         h.  Two consumer caregivers of children.

25         2.  The council shall adopt internal organizational

26  procedures, including procedures for the appointment of a

27  chair, as necessary for its efficient organization.

28         3.  The department shall provide such staff,

29  information, and other assistance as is reasonably necessary

30  to assist the council in carrying out its responsibilities.

31

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  1         4.  Members of the council shall serve without

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

  3  112.061 for travel and other necessary expenses incurred in

  4  the performance of their official duties.

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

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

  7  programs submitted by the agencies for evaluation under

  8  paragraph (5)(d) (4)(d). The responsibilities of the council

  9  may include, but are not limited to:

10         a.  Developing criteria and guiding principles for the

11  ranking of programs to be recommended to the Legislature.

12         b.  Evaluating the value of programs or services

13  submitted by the agencies as they relate to overall

14  enhancement for children.

15         c.  Providing recommendations on the funding levels to

16  be allocated for the ranked programs.

17         d.  Participating in periodic program evaluation to

18  determine the need for continued funding.

19         e.  Soliciting appropriate input from children's

20  advocates and community stakeholders, such as voluntary

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

22  delivery systems, business and industry, government agencies,

23  and children's service providers.

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

25  Affairs the Lawton Chiles Endowment Fund Advisory Council for

26  Elders.

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

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

29  designee, the director of the Florida Federation of Community

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

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

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

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

  3  Governor shall appoint the remaining council members,

  4  including:

  5         a.  An academic expert in elder health policy.

  6         b.  A professional who has experience with the delivery

  7  of home care services.

  8         c.  A physician who is certified in geriatric medical

  9  care.

10         d.  A professional who has experience with the delivery

11  of services in adult congregate care facilities.

12         e.  A professional who has experience with the delivery

13  of services in a nursing home.

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

15  represent elders.

16         g.  One consumer caregiver for an elderly person.

17         2.  The council shall adopt internal organizational

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

19  for its efficient organization.

20         3.  The department shall provide such staff,

21  information, and other assistance as is reasonably necessary

22  to assist the council in carrying out its responsibilities.

23         4.  Members of the council shall serve without

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

25  112.061 for travel and other necessary expenses incurred in

26  the performance of their official duties.

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

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

29  submitted by the agencies for evaluation under paragraph

30  (5)(d) (4)(d). The responsibilities of the council may

31  include, but are not limited to:

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  1         a.  Developing criteria and guiding principles for the

  2  ranking of programs to be recommended to the Legislature.

  3         b.  Evaluating the value of programs or services

  4  submitted by the agencies as they relate to overall

  5  enhancement for elders.

  6         c.  Providing recommendations on the funding levels to

  7  be allocated for the ranked programs.

  8         d.  Participating in periodic program evaluation to

  9  determine the need for continued funding.

10         e.  Soliciting appropriate input from elder advocates

11  and community stakeholders, such as voluntary organizations,

12  community-based care lead agencies, health care delivery

13  systems, business and industry, government agencies, and

14  elder-service providers.

15         Section 2.  Subsection (1) of section 210.15, Florida

16  Statutes, is amended to read:

17         210.15  Permits.--

18         (1)(a)  Every person, firm, or corporation desiring to

19  deal in cigarettes as a distributing agent, wholesale dealer,

20  or exporter within this state shall file an application for a

21  cigarette permit for each place of business with the Division

22  of Alcoholic Beverages and Tobacco.  Every application for a

23  cigarette permit shall be made on forms furnished by the

24  division and shall set forth the name under which the

25  applicant transacts or intends to transact business, the

26  location of the applicant's place of business within the

27  state, and such other information as the division may require.

28  If the applicant has or intends to have more than one place of

29  business dealing in cigarettes within this state, the

30  application shall state the location of each place of

31  business.  If the applicant is an association, the application

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  1  shall set forth the names and addresses of the persons

  2  constituting the association, and if a corporation, the names

  3  and addresses of the principal officers thereof and any other

  4  information prescribed by the division for the purpose of

  5  identification.  The application shall be signed and verified

  6  by oath or affirmation by the owner, if a natural person, and

  7  in the case of an association or partnership, members or

  8  partners thereof, and in the case of a corporation, by an

  9  executive officer thereof or by any person specifically

10  authorized by the corporation to sign the application, to

11  which shall be attached the written evidence of this

12  authority. The cigarette permit for a distributing agent shall

13  be issued annually for which an annual fee of $5 shall be

14  charged.

15         (b)  The holder of any duly issued, annual permit for a

16  distributing agent shall be entitled to a renewal of his or

17  her annual permit from year to year as a matter of course, on

18  or before July 1, upon making application to the division and

19  upon payment of this annual permit fee and all applicable

20  supplemental permit fees required by this section.

21         (c)  The permit for a distributing agent, wholesale

22  dealer, or exporter shall be issued only to persons of good

23  moral character, who are not less than 18 years of age.

24  Distributing agent, wholesale dealer, or exporter permits to

25  corporations shall be issued only to corporations whose

26  officers are of good moral character and not less than 18

27  years of age. There shall be no exemptions from the permit

28  fees herein provided, except as expressly stated in this

29  subsection, to any persons, association of persons or

30  corporation, any law to the contrary notwithstanding.  No

31  distributing agent, wholesale dealer, or exporter permit shall

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  1  be issued to any person who has been convicted within the past

  2  5 years of any offense against the cigarette laws of this

  3  state or who has been convicted in this state, any other

  4  state, or the United States during the past 5 years of any

  5  offense designated as a felony by such state or the United

  6  States, or to a corporation, any of whose officers have been

  7  so convicted.  The term "conviction" shall include an

  8  adjudication of guilt on a plea of guilty or a plea of nolo

  9  contendere, or the forfeiture of a bond when charged with a

10  crime.

11         (d)  The division may refuse to issue a distributing

12  agent, wholesale, or exporter permit to any person, firm, or

13  corporation whose permit under the cigarette law has been

14  revoked or to any corporation, an officer of which has had his

15  or her permit under the cigarette law revoked, or to any

16  person who is or has been an officer of a corporation whose

17  permit has been revoked under the cigarette law.  Any permit

18  issued to a firm or corporation prohibited from obtaining such

19  permit under the cigarette law may be revoked by the division.

20         (e)  Prior to an application for a distributing agent,

21  wholesale dealer, or exporter permit being approved, the

22  applicant shall file a set of fingerprints on forms provided

23  by the division. The applicant shall also file a set of

24  fingerprints for any person or persons interested directly or

25  indirectly with the applicant in the business for which the

26  permit is being sought, when so required by the division.  If

27  the applicant or any person interested with the applicant,

28  either directly or indirectly, in the business for which the

29  permit is sought shall be such a person as is within the

30  definition of persons to whom a distributing agent, wholesale

31  dealer, or exporter permit shall be denied, then the

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  1  application may be denied by the division.  If the applicant

  2  is a partnership, all members of the partnership are required

  3  to file said fingerprints, or if a corporation, all principal

  4  officers of the corporation are required to file said

  5  fingerprints.  The cigarette permit for a wholesale dealer or

  6  exporter shall be originally issued at a fee of $100, which

  7  sum is to cover the cost of the investigation required before

  8  issuing such permit.

  9         (f)  The cigarette permit for a wholesale dealer or

10  exporter shall be renewed from year to year as a matter of

11  course, at an annual cost of $100, on or before July 1, upon

12  making application to the division and upon payment of the

13  annual renewal fee and all applicable supplemental fees

14  required in this section.

15         (g) 1.  In addition to the permit fee required by

16  paragraph (f), there will be a supplemental permit fee for

17  wholesale dealers, applicable to permits granted for periods

18  beginning July 1, 2002, and thereafter. The division shall

19  calculate the supplemental permit fee on April 15 of each

20  year, and the fee shall apply on the following July 1. The fee

21  shall be on a per-package basis and shall be calculated as the

22  total annual payment due to the state pursuant to the

23  settlement agreement in the case of The State of Florida, et

24  al. v. American Tobacco Company, et al., divided by the total

25  number of packages of cigarettes delivered to wholesale

26  dealers for sale in this state by the four settling

27  manufacturers during the previous 12 months, rounded to the

28  nearest tenth of a cent.

29

30  Cigarettes produced by participating manufacturers, as defined

31  in s. 215.5601(4), shall be exempt from the supplemental

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  1  permit fee as long as such manufacturers are in compliance

  2  with the provisions of that section.

  3         2.  The supplemental permit fee shall be paid by the

  4  seller or wholesale dealer to the division upon the first sale

  5  or transaction within the state, whether or not such sale or

  6  transfer is to the ultimate purchaser or consumer. The seller

  7  or dealer shall collect the fee from the purchaser or

  8  consumer, and the purchaser or consumer shall pay the fee to

  9  the seller. The seller or dealer shall be responsible for the

10  collection of the fee and the payment of the same to the

11  division. The supplemental permit fee is due not later than

12  the 10th day of the month following the calendar month in

13  which it was incurred, and thereafter shall bear interest at

14  the rate of 1 percent per month. If the amount of fee due for

15  a given period is assessed without allocating it to any

16  particular month, the interest shall begin with the date of

17  the assessment. Whenever cigarettes are shipped from outside

18  the state to anyone other than a wholesale dealer, the person

19  receiving the cigarettes shall be responsible for the

20  supplemental permit fee and the payment of same to the

21  division. 

22         (h)(g)  Permittees, by acceptance of their permits,

23  agree that their places of business or vehicles transporting

24  cigarettes shall always be subject to be inspected and

25  searched without a search warrant for the purpose of

26  ascertaining that all provisions of this part are complied

27  with by authorized employees of the division and also by

28  sheriffs, deputy sheriffs, and police officers during business

29  hours or during any other time such premises are occupied by

30  the permittee or other persons.  Retail cigarette dealers and

31  manufacturers' representatives, by dealing in cigarettes,

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  1  agree that their places of business or vehicles transporting

  2  cigarettes shall always be subject to inspection and search

  3  without a search warrant for the purpose of ascertaining that

  4  all provisions of this part are complied with by authorized

  5  employees of the division and also by sheriffs, deputy

  6  sheriffs, and police officers during business hours or other

  7  times when the premises are occupied by the retail dealer or

  8  manufacturers' representatives or other persons.

  9         (i)(h)  No retail sales of cigarettes may be made at a

10  location for which a wholesale dealer, distributing agent, or

11  exporter permit has been issued. The excise tax on sales made

12  to any traveling location, such as an itinerant store or

13  industrial caterer, shall be paid into the General Revenue

14  Fund unallocated. Cigarettes may be purchased for retail

15  purposes only from a person holding a wholesale dealer permit.

16  The invoice for the purchase of cigarettes must show the place

17  of business for which the purchase is made and the cigarettes

18  cannot be transferred to any other place of business for the

19  purpose of resale.

20         Section 3.  Section 210.20, Florida Statutes, is

21  amended to read:

22         210.20  Employees and assistants; distribution of

23  funds.--

24         (1)  The division under the applicable rules of the

25  Department of Management Services shall have the power to

26  employ such employees and assistants and incur such other

27  expenses as may be necessary for the administration of this

28  part, within the limits of an appropriation for the operation

29  of the Department of Business and Professional Regulation as

30  may be authorized by the General Appropriations Act.

31

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  1         (2)  As collections are received by the division from

  2  such cigarette taxes, it shall pay the same into a trust fund

  3  in the State Treasury designated "Cigarette Tax Collection

  4  Trust Fund" which shall be paid and distributed as follows:

  5         (a)  The division shall from month to month certify to

  6  the Comptroller the amount derived from the cigarette tax

  7  imposed by  s. 210.02(1)-(5), less s. 210.02 the service

  8  charges provided for in s. 215.20 and less 0.9 percent of the

  9  amount derived from the cigarette tax imposed by s. 210.02,

10  which shall be deposited into the Alcoholic Beverage and

11  Tobacco Trust Fund, specifying the amounts to be transferred

12  from the Cigarette Tax Collection Trust Fund and credited on

13  the basis of 2.9 percent of the net collections to the Revenue

14  Sharing Trust Fund for Counties and 29.3 percent of the net

15  collections for the funding of indigent health care to the

16  Public Medical Assistance Trust Fund.

17         (b)  The division shall from month to month certify to

18  the Comptroller the amount derived from the cigarette tax

19  imposed by s. 210.02 on all cigarettes sold at retail on any

20  property of the Inter-American Center Authority, created by

21  chapter 554, and such amount, less the service charge provided

22  for in s. 215.20, shall be paid to said Inter-American Center

23  Authority by warrant drawn by the Comptroller upon the State

24  Treasury, which amount is hereby appropriated monthly out of

25  such Cigarette Tax Collection Trust Fund.

26         (c)  Beginning January 1, 1999, and continuing for 10

27  years thereafter, the division shall from month to month

28  certify to the Comptroller the amount derived from the

29  cigarette tax imposed by s. 210.02, less the service charges

30  provided for in s. 215.20 and less 0.9 percent of the amount

31  derived from the cigarette tax imposed by s. 210.02 which

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  1  shall be deposited into the Alcoholic Beverage and Tobacco

  2  Trust Fund, specifying an amount equal to 2.59 percent of the

  3  net collections, and that amount shall be paid to the Board of

  4  Directors of the H. Lee Moffitt Cancer Center and Research

  5  Institute, established under s. 240.512, by warrant drawn by

  6  the Comptroller upon the State Treasury. These funds are

  7  hereby appropriated monthly out of the Cigarette Tax

  8  Collection Trust Fund, to be used for the purpose of

  9  constructing, furnishing, and equipping a cancer research

10  facility at the University of South Florida adjacent to the H.

11  Lee Moffitt Cancer Center and Research Institute.  In fiscal

12  years 1999-2000 and thereafter with the exception of fiscal

13  year 2008-2009, the appropriation to the H. Lee Moffitt Moffit

14  Cancer Center and Research Institute authorized by this

15  paragraph shall not be less than the amount which would have

16  been paid to the H. Lee Moffitt Cancer Center and Research

17  Institute for fiscal year 1998-1999 had payments been made for

18  the entire fiscal year rather than for a 6-month period

19  thereof.

20         (3)  After all distributions hereinabove provided for

21  have been made, the balance of the revenue produced from the

22  tax imposed by this part shall be deposited in the General

23  Revenue Fund.

24         (4)  The division shall from month to month certify to

25  the Comptroller the amount derived from the supplemental

26  permit fee imposed by s. 210.15(1)(g), and that amount shall

27  be transferred from the Alcoholic Beverage and Tobacco Trust

28  Fund and credited in the Department of Banking and Finance

29  Tobacco Settlement Clearing Trust Fund.

30         Section 4.  Subsection (4) of section 17.41, Florida

31  Statutes, is amended to read:

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  1         17.41  Department of Banking and Finance Tobacco

  2  Settlement Clearing Trust Fund.--

  3         (4)  Net proceeds of the sale of the tobacco settlement

  4  agreement received by the state shall be immediately deposited

  5  into the Lawton Chiles Endowment Fund, created in s. 215.5601

  6  s. 215.5601(4), without deposit to the Tobacco Settlement

  7  Clearing Trust Fund.

  8         Section 5.  Paragraph (h) of subsection (1) of section

  9  20.435, Florida Statutes, is amended to read:

10         20.435  Department of Health; trust funds.--

11         (1)  The following trust funds are hereby created, to

12  be administered by the Department of Health:

13         (h)  Biomedical Research Trust Fund.

14         1.  Funds to be credited to the trust fund shall

15  consist of funds deposited pursuant to s. 215.5601(5) s.

16  215.5601(4). Funds shall be used for the purposes of the

17  Florida Biomedical Research Program as specified in s.

18  215.5602. The trust fund is exempt from the service charges

19  imposed by s. 215.20.

20         2.  Notwithstanding the provisions of s. 216.301 and

21  pursuant to s. 216.351, any balance in the trust fund at the

22  end of any fiscal year shall remain in the trust fund at the

23  end of the year and shall be available for carrying out the

24  purposes of the trust fund.

25         3.  The trust fund shall, unless terminated sooner, be

26  terminated on July 1, 2004.

27         Section 6.  Subsection (1) of section 215.5602, Florida

28  Statutes, is amended to read:

29         215.5602  Florida Biomedical Research Program.--

30         (1)  There is established within the Department of

31  Health the Florida Biomedical Research Program funded by the

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  1  proceeds of the Lawton Chiles Endowment Fund pursuant to s.

  2  215.5601 s. 215.5601(4). The purpose of the Florida Biomedical

  3  Research Program is to support research initiatives that

  4  address the health care problems of Floridians in the areas of

  5  cancer, cardiovascular disease, stroke, and pulmonary disease.

  6  The long-term goals of the program are to:

  7         (a)  Improve the health of Floridians by researching

  8  better prevention, diagnoses, and treatments for cancer,

  9  cardiovascular disease, stroke, and pulmonary disease.

10         (b)  Expand the foundation of biomedical knowledge

11  relating to the prevention, diagnosis, and treatment of

12  diseases related to tobacco use, including cancer,

13  cardiovascular disease, stroke, and pulmonary disease.

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

15  centers by bringing the advances of biomedical research into

16  the training of physicians and other health care providers.

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

18  biomedical research by undertaking new initiatives in

19  biomedical research that will attract additional funding from

20  outside the state.

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

22  related to biomedical research, such as the research and

23  production of pharmaceuticals, biotechnology, and medical

24  devices.

25         Section 7.  This act shall take effect upon becoming a

26  law.

27

28

29

30

31

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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                             SB 2214

  3

  4  Defines "outdoor advertising" and "transit advertising" for
    purposes of setting forth the scope of advertising
  5  restrictions for participating tobacco manufacturers who enter
    into an agreement with the state.
  6
    Replaces provisions imposing a cigarette tax equalization
  7  assessment with provisions imposing a supplemental cigarette
    permit fees on cigarettes produced by tobacco manufacturers
  8  who do not qualify or otherwise opt to be a participating
    manufacturer.
  9
    Clarifies which manufacturers may be exempted from the
10  supplemental permit fee to be assessed on cigarettes and adds
    two more categories of exempted participating manufacturers.
11
    Increases the minimum annual appropriation to the Lawton
12  Chiles Endowment Fund from $25 million to the greater of $40
    million or 10% of the payments that are made to the Tobacco
13  Settlement Clearing Trust Fund for all years subsequent to the
    year 2003.
14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

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