Senate Bill sb2214c2

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    Florida Senate - 2001                    CS for CS for SB 2214

    By the Committees on Finance and Taxation; Judiciary; and
    Senator Burt




    314-1965-01

  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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  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. The term does not

  8  include advertisements on vehicles owned by cigarette

  9  manufacturers that are used for transporting products to

10  wholesale or retail customers.

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

12  Legislature to:

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

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

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

16  initiatives, elder programs, and biomedical research

17  activities.

18         (b)  Ensure that enhancement revenues will be available

19  to finance these important programs and initiatives.

20         (c)  Use funds received from the Tobacco Settlement

21  Clearing Trust Fund moneys to ensure the financial security of

22  vital health and human services programs for children and

23  elders.

24         (d)  Encourage the development of community-based

25  solutions to strengthen and improve the quality of life of

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

27         (e)  Provide funds for cancer research and

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

29         (f)  Provide tobacco manufacturers the opportunity to

30  voluntarily participate in mitigating the impact of the use of

31  tobacco on the residents of this state.

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  1         (4)  PARTICIPATING MANUFACTURERS; QUALIFICATIONS.--

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

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

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

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

  6  1996, in the case of State of West Virginia, State of Florida,

  7  State of Mississippi, Commonwealth of Massachusetts, and State

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

  9  that is in compliance with all economic and noneconomic terms

10  and conditions contained in those agreements and all

11  amendments and supplemental agreements in those actions is a

12  "participating manufacturer" within the meaning of this

13  section.

14         (b)  A tobacco product manufacturer or importer may

15  become a "participating manufacturer" within the meaning of

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

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

18  General, which provides for the following:

19         1.  Elimination of the outdoor advertising and transit

20  advertisements at the earlier of the expiration of applicable

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

22  advertising signs is supplied to the Attorney General. The

23  manufacturer or importer shall provide a final list of the

24  location of all its outdoor advertising signs and transit

25  advertisements to the Attorney General within 45 days after

26  entering the agreement.

27         2.  Agreement to support legislative initiatives to

28  enact new laws and administrative initiatives to adopt new

29  rules intended to effectuate the following:

30

31

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  1         a.  The prohibition of the sale of cigarettes in

  2  vending machines, except in adult-only locations and

  3  facilities;

  4         b.  The strengthening of civil penalties for sales of

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

  6  the suspension or revocation of retail licenses; and

  7         c.  The strengthening of civil penalties for possession

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

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

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

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

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

13  cigarette package, advertisement for cigarettes, or any other

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

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

16  indicia of product identification identical or similar to, or

17  identifiable with, those used for any brand of tobacco

18  products;

19         4.  Prohibition and permanent cessation on marketing,

20  licensing, distributing, selling, or offering, directly or

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

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

23  item of which the sole function is to advertise tobacco

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

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

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

27  of product identification identical or similar to, or

28  identifiable with, those used for any brand of domestic

29  tobacco products.

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

31  impact of the use of tobacco products through annual payments

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  1  to the state of Florida, Department of Business and

  2  Professional Regulation by January 31 of each year beginning

  3  in 2003.  The payments shall be calculated by multiplying the

  4  number of packages of cigarettes delivered to wholesale

  5  dealers for sale in this state by the manufacturer from

  6  January 1 until December 31 of the prior year times 36 cents

  7  per package.  All such payments shall be deposited by the

  8  Department of Business and Professional Regulation into the

  9  Department of Banking and Finance Tobacco Settlement Clearing

10  Trust Fund.

11         (c)  Cigarettes produced by each tobacco product

12  manufacturer or importer that fully complies with the

13  agreement entered into with the Attorney General under

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

15  exempt from the supplemental permit fee on cigarettes imposed

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

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

18  participating manufacturer by:

19         1.  Certifying to the Attorney General that the

20  manufacturer was not manufacturing and selling its cigarette

21  brands in this state before January 1, 1994;

22         2.  Certifying to the Attorney General that the

23  manufacturer is not engaging in outdoor or transit advertising

24  of its cigarettes in this state;

25         3.  Certifying to the Attorney General that the

26  manufacturer will terminate its cigarette sales in this state

27  on or before January 1, 2008;

28         4.  Undertaking to sell cigarettes in this state which

29  are manufactured to deliver less toxins through the use of

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

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

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  1  subparagraph, the manufacturer shall certify to the Attorney

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

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

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

  5  charcoal/acetate filters with at least 30 milligrams of

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

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

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

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

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

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

12  tobacco having less than 400 parts per billion of the

13  carcinogenic tobacco specific nitrosamines, NNN and NNK; and

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

15  Attorney General.

16

17  Cigarettes produced by such manufacturer under this paragraph

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

19  210.15(1)(g). Failure of the tobacco product manufacturer to

20  comply with this paragraph shall result in the manufacturer

21  becoming immediately liable for payment of the supplemental

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

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

24  equal to the amount of the fee.

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

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

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

28  signatory to the settlement agreement entered on August 25,

29  1997, and that certifies to the Attorney General that it will

30  comply with the noneconomic provisions of the settlement

31  agreement is a participating manufacturer. Failure of the

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  1  tobacco product manufacturer to comply with this paragraph

  2  shall result in the manufacturer becoming immediately liable

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

  4  210.15(1)(g) for all 12-month periods from inception of the

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

  6  fee.

  7         (f)  Funds received from participating manufacturers

  8  shall be deposited into the Department of Banking and Finance

  9  Tobacco Settlement Clearing Trust Fund.

10         (5)(4)  LAWTON CHILES ENDOWMENT FUND; CREATION;

11  PURPOSES AND USES.--

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

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

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

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

16  Constitution and shall be funded by settlement moneys received

17  from the Tobacco Settlement Clearing Trust Fund industry and

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

19  and interest in and to the tobacco settlement agreement,

20  including the right to receive payments under such agreement.

21  The endowment fund shall be exempt from the service charges

22  imposed by s. 215.20.

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

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

25  be transferred by the board to the Tobacco Settlement Clearing

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

27  in this paragraph.

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

29  distributed based on legislative appropriations.

30         2.  For fiscal year 2001-2002 and beyond, funds shall

31  be distributed annually as follows:

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  1         a.  Fifty percent shall be deposited into a separate

  2  account in the Department of Children and Family Services

  3  Tobacco Settlement Trust Fund to be appropriated pursuant to

  4  paragraph (9)(a) (8)(a);

  5         b.  Thirty-three and one-half percent shall be

  6  deposited into the Biomedical Research Trust Fund in the

  7  Department of Health to be appropriated pursuant to paragraph

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

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

10  Health Tobacco Settlement Trust Fund; and

11         c.  The remaining funds shall be deposited into a

12  separate account in the Department of Elderly Affairs Tobacco

13  Settlement Trust Fund to be appropriated pursuant to paragraph

14  (9)(a) (8)(a).

15         (c)  Subject to legislative appropriations, state

16  agencies shall use distributions from the endowment fund to

17  enhance services for children and elders or to support

18  biomedical research initiatives pursuant to s. 215.5602.

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

20  Secretary of Health, the Secretary of Children and Family

21  Services, and the Secretary of Health Care Administration

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

23  children's services eligible for funding from the endowment

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

25  Affairs, and the Secretary Director of Health Care

26  Administration shall develop a list of the top five funding

27  priorities for elder services eligible for funding from the

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

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

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

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

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  1  the advisory council for elder services created in paragraph

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

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

  4  evaluate the request against the mission and goals of the

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

  6  consensus for priority requests and recommended endowment

  7  funding levels for those priority requests.

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

  9  be used to supplant existing revenues.

10         (f)  When advised by the Revenue Estimating Conference

11  that a deficit will occur with respect to the appropriations

12  from the tobacco settlement trust funds of the state agencies

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

14  action to eliminate the deficit. Before implementing the plan

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

16  216.177(2). In developing the plan of action, the Governor

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

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

19  the General Appropriations Act, any reductions in

20  appropriations from the tobacco settlement trust funds of the

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

22  purposes for which funds were appropriated from that Tobacco

23  Settlement Clearing Trust Fund for that year.

24         (6)(5)  ADMINISTRATION OF THE ENDOWMENT.--

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

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

27  215.47, in accordance with the fiduciary standards set forth

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

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

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

31  deducted from the earnings accruing to the endowment.

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

  2  investment objective shall be long-term preservation of the

  3  real value of the principal and a specified regular annual

  4  cash outflow for appropriation, as nonrecurring revenue. The

  5  schedule of annual cash outflow shall be included within the

  6  investment plan adopted pursuant to paragraph (a).

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

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

  9  an investment portfolio that maximizes the financial return to

10  the endowment, consistent with the risks inherent in each

11  investment, and that is designed to preserve an appropriate

12  diversification of the portfolio.

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

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

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

16  Representatives, the President of the Senate, the chairs of

17  the respective appropriations and appropriate substantive

18  committees of each chamber, and the Revenue Estimating

19  Conference.

20         (e)  Accountability for funds from the endowment which

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

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

23  expenditure or accountability of funds from the endowment

24  after transfer to the Tobacco Settlement Clearing Trust Fund.

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

26  endowment no greater than that charged to the Florida

27  Retirement System.

28         (7)(6)  AVAILABILITY OF FUNDS.--

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

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

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

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

  2  following, based on earnings averaged over 3 years:

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

  4  spending representing earnings at a rate of 3 percent.

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

  6  spending representing earnings at a rate of 4 percent.

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

  8  spending representing earnings at a rate of 5 percent.

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

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

11  percent.

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

13  pursuant to s. 216.351, all unencumbered balances of

14  appropriations as of June 30 or undisbursed balances as of

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

16         (8)(7)  ENDOWMENT PRINCIPAL.--The endowment shall

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

18  interest in and to the tobacco settlement agreement and from

19  amounts transferred from the Department of Banking and Finance

20  Tobacco Settlement Clearing Trust Fund.  Amounts to be

21  transferred from the clearing trust fund shall be in the

22  following amounts for the following fiscal years:

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

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

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

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

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

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

29  deposited into the Department of Banking and Finance Tobacco

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

31  s. 210.20(4).

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  1

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

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

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

  5  pursuant to such paragraphs $200 million or the amount the

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

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

  8  settlement agreement.

  9         (9)(8)  APPROPRIATIONS OF THE ENDOWMENT

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

11         (a)  Appropriations by the Legislature to the

12  Department of Children and Family Services or the Department

13  of Elderly Affairs from the endowment earnings distributed to

14  those departments shall be from a category called Lawton

15  Chiles Endowment Fund Programs. The departments shall

16  distribute such appropriations pursuant to any directions or

17  limitations provided for in the General Appropriations Act and

18  consistent with this section.

19         (b)  Appropriations by the Legislature to the

20  Department of Health from the endowment earnings distributed

21  to the department shall be from a category called Florida

22  Biomedical Research Program. The department shall spend such

23  funds in accordance with s. 215.5602.

24         (10)(9)  LAWTON CHILES ENDOWMENT FUND ADVISORY

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

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

27  and rank for legislative consideration recommendations

28  submitted to the councils by the agencies for evaluation under

29  paragraph (5)(d) (4)(d).

30

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

  2  and Family Services the Lawton Chiles Endowment Fund Advisory

  3  Council for Children.

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

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

  6  designee, the director of the Florida Federation of Community

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

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

  9  Florida Pediatric Association or a designee. The Governor

10  shall appoint the remaining council members, including:

11         a.  An academic expert in child health policy.

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

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

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

15  community-based care.

16         e.  A representative of a statewide child advocacy

17  organization.

18         f.  A youth representing a statewide youth

19  organization.

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

21  child development.

22         h.  Two consumer caregivers of children.

23         2.  The council shall adopt internal organizational

24  procedures, including procedures for the appointment of a

25  chair, as necessary for its efficient organization.

26         3.  The department shall provide such staff,

27  information, and other assistance as is reasonably necessary

28  to assist the council in carrying out its responsibilities.

29         4.  Members of the council shall serve without

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

31

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  1  112.061 for travel and other necessary expenses incurred in

  2  the performance of their official duties.

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

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

  5  programs submitted by the agencies for evaluation under

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

  7  may include, but are not limited to:

  8         a.  Developing criteria and guiding principles for the

  9  ranking of programs to be recommended to the Legislature.

10         b.  Evaluating the value of programs or services

11  submitted by the agencies as they relate to overall

12  enhancement for children.

13         c.  Providing recommendations on the funding levels to

14  be allocated for the ranked programs.

15         d.  Participating in periodic program evaluation to

16  determine the need for continued funding.

17         e.  Soliciting appropriate input from children's

18  advocates and community stakeholders, such as voluntary

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

20  delivery systems, business and industry, government agencies,

21  and children's service providers.

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

23  Affairs the Lawton Chiles Endowment Fund Advisory Council for

24  Elders.

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

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

27  designee, the director of the Florida Federation of Community

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

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

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

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

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  1  Governor shall appoint the remaining council members,

  2  including:

  3         a.  An academic expert in elder health policy.

  4         b.  A professional who has experience with the delivery

  5  of home care services.

  6         c.  A physician who is certified in geriatric medical

  7  care.

  8         d.  A professional who has experience with the delivery

  9  of services in adult congregate care facilities.

10         e.  A professional who has experience with the delivery

11  of services in a nursing home.

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

13  represent elders.

14         g.  One consumer caregiver for an elderly person.

15         2.  The council shall adopt internal organizational

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

17  for its efficient organization.

18         3.  The department shall provide such staff,

19  information, and other assistance as is reasonably necessary

20  to assist the council in carrying out its responsibilities.

21         4.  Members of the council shall serve without

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

23  112.061 for travel and other necessary expenses incurred in

24  the performance of their official duties.

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

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

27  submitted by the agencies for evaluation under paragraph

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

29  include, but are not limited to:

30         a.  Developing criteria and guiding principles for the

31  ranking of programs to be recommended to the Legislature.

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  1         b.  Evaluating the value of programs or services

  2  submitted by the agencies as they relate to overall

  3  enhancement for elders.

  4         c.  Providing recommendations on the funding levels to

  5  be allocated for the ranked programs.

  6         d.  Participating in periodic program evaluation to

  7  determine the need for continued funding.

  8         e.  Soliciting appropriate input from elder advocates

  9  and community stakeholders, such as voluntary organizations,

10  community-based care lead agencies, health care delivery

11  systems, business and industry, government agencies, and

12  elder-service providers.

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

14  Statutes, is amended to read:

15         210.15  Permits.--

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

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

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

19  cigarette permit for each place of business with the Division

20  of Alcoholic Beverages and Tobacco.  Every application for a

21  cigarette permit shall be made on forms furnished by the

22  division and shall set forth the name under which the

23  applicant transacts or intends to transact business, the

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

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

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

27  business dealing in cigarettes within this state, the

28  application shall state the location of each place of

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

30  shall set forth the names and addresses of the persons

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

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  1  and addresses of the principal officers thereof and any other

  2  information prescribed by the division for the purpose of

  3  identification.  The application shall be signed and verified

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

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

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

  7  executive officer thereof or by any person specifically

  8  authorized by the corporation to sign the application, to

  9  which shall be attached the written evidence of this

10  authority. The cigarette permit for a distributing agent shall

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

12  charged.

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

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

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

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

17  upon payment of this annual permit fee and all applicable

18  supplemental permit fees required by this section.

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

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

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

22  Distributing agent, wholesale dealer, or exporter permits to

23  corporations shall be issued only to corporations whose

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

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

26  fees herein provided, except as expressly stated in this

27  subsection, to any persons, association of persons or

28  corporation, any law to the contrary notwithstanding.  No

29  distributing agent, wholesale dealer, or exporter permit shall

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

31  5 years of any offense against the cigarette laws of this

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

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

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

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

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

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

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

  8  crime.

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

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

11  corporation whose permit under the cigarette law has been

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

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

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

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

16  issued to a firm or corporation prohibited from obtaining such

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

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

19  wholesale dealer, or exporter permit being approved, the

20  applicant shall file a set of fingerprints on forms provided

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

22  fingerprints for any person or persons interested directly or

23  indirectly with the applicant in the business for which the

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

25  the applicant or any person interested with the applicant,

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

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

28  definition of persons to whom a distributing agent, wholesale

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

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

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

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

  2  officers of the corporation are required to file said

  3  fingerprints.  The cigarette permit for a wholesale dealer or

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

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

  6  issuing such permit.

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

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

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

10  making application to the division and upon payment of the

11  annual renewal fee and all applicable supplemental fees

12  required in this section.

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

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

15  wholesale dealers, applicable to permits granted for periods

16  beginning July 1, 2002, and thereafter. The fee shall be in

17  the amount of 36 cents per package of cigarettes.

18

19  Cigarettes produced by participating manufacturers, as defined

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

21  permit fee as long as such manufacturers are in compliance

22  with the provisions of that section.

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

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

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

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

27  or dealer shall collect the fee from the purchaser or

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

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

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

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

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

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

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

  4  a given period is assessed without allocating it to any

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

  6  the assessment. Whenever cigarettes are shipped from outside

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

  8  receiving the cigarettes shall be responsible for the

  9  supplemental permit fee and the payment of same to the

10  division.

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

12  agree that their places of business or vehicles transporting

13  cigarettes shall always be subject to be inspected and

14  searched without a search warrant for the purpose of

15  ascertaining that all provisions of this part are complied

16  with by authorized employees of the division and also by

17  sheriffs, deputy sheriffs, and police officers during business

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

19  the permittee or other persons.  Retail cigarette dealers and

20  manufacturers' representatives, by dealing in cigarettes,

21  agree that their places of business or vehicles transporting

22  cigarettes shall always be subject to inspection and search

23  without a search warrant for the purpose of ascertaining that

24  all provisions of this part are complied with by authorized

25  employees of the division and also by sheriffs, deputy

26  sheriffs, and police officers during business hours or other

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

28  manufacturers' representatives or other persons.

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

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

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

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

  2  industrial caterer, shall be paid into the General Revenue

  3  Fund unallocated. Cigarettes may be purchased for retail

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

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

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

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

  8  purpose of resale.

  9         Section 3.  Section 210.20, Florida Statutes, is

10  amended to read:

11         210.20  Employees and assistants; distribution of

12  funds.--

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

14  Department of Management Services shall have the power to

15  employ such employees and assistants and incur such other

16  expenses as may be necessary for the administration of this

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

18  of the Department of Business and Professional Regulation as

19  may be authorized by the General Appropriations Act.

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

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

22  in the State Treasury designated "Cigarette Tax Collection

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

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

25  the Comptroller the amount derived from the cigarette tax

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

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

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

29  which shall be deposited into the Alcoholic Beverage and

30  Tobacco Trust Fund, specifying the amounts to be transferred

31  from the Cigarette Tax Collection Trust Fund and credited on

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

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

  3  collections for the funding of indigent health care to the

  4  Public Medical Assistance Trust Fund.

  5         (b)  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 on all cigarettes sold at retail on any

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

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

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

11  Authority by warrant drawn by the Comptroller upon the State

12  Treasury, which amount is hereby appropriated monthly out of

13  such Cigarette Tax Collection Trust Fund.

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

15  years thereafter, the division shall from month to month

16  certify to the Comptroller the amount derived from the

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

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

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

20  shall be deposited into the Alcoholic Beverage and Tobacco

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

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

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

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

25  the Comptroller upon the State Treasury. These funds are

26  hereby appropriated monthly out of the Cigarette Tax

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

28  constructing, furnishing, and equipping a cancer research

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

30  Lee Moffitt Cancer Center and Research Institute.  In fiscal

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

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

  2  Cancer Center and Research Institute authorized by this

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

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

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

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

  7  thereof.

  8         (3)  After all distributions hereinabove provided for

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

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

11  Revenue Fund.

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

13  the Comptroller the amount derived from the supplemental

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

15  be transferred from the Alcoholic Beverage and Tobacco Trust

16  Fund and credited in the Department of Banking and Finance

17  Tobacco Settlement Clearing Trust Fund.

18         Section 4.  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 5.  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:

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  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(5) 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 6.  Subsection (1) of section 215.5602, Florida

16  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

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  1  diseases related to tobacco use, including cancer,

  2  cardiovascular disease, stroke, and pulmonary disease.

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

  4  centers by bringing the advances of biomedical research into

  5  the training of physicians and other health care providers.

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

  7  biomedical research by undertaking new initiatives in

  8  biomedical research that will attract additional funding from

  9  outside the state.

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

11  related to biomedical research, such as the research and

12  production of pharmaceuticals, biotechnology, and medical

13  devices.

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

15  law.

16

17          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
18                            CS/SB 2214

19

20  Clarifies that transit advertisements do not include
    advertisements on a manufacturer's vehicle used to deliver
21  products.

22  Replaces the rate for voluntary settlement payments with a
    flat rate of 36 cents per package of cigarettes delivered to
23  wholesalers in this state.

24  Sets the supplemental permit fee at a flat rate of 36 cents
    per package of cigarettes sold in this state.
25

26

27

28

29

30

31

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