Senate Bill sb2214e1

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    CS for CS for SB 2214                          First Engrossed



  1                      A bill to be entitled

  2         An act relating to tobacco; amending s.

  3         215.5601, F.S.; defining the terms

  4         "participating manufacturer," "subscribing

  5         participating manufacturer," "outdoor

  6         advertising," and "transit advertisements";

  7         revising legislative intent; specifying

  8         procedures by which a tobacco manufacturer may

  9         become a "participating manufacturer"; or a

10         "subscribing participating manufacturer";

11         providing for funds received from participating

12         manufacturers and subscribing participating

13         manufacturers to be deposited into the Tobacco

14         Settlement Clearing Trust Fund; providing a

15         portion of such funds to the Florida

16         Comprehensive Health Association; providing for

17         a portion of unappropriated funds to be

18         deposited into the Lawton Chiles Endowment

19         Fund; amending s. 210.15, F.S.; directing

20         wholesalers to pay surcharges required by the

21         chapter; prohibiting specific practices by

22         tobacco product manufacturers, importers,

23         distributing agents, wholesale dealers,

24         exporters or others; amending s. 210.01, F.S.;

25         defining the terms "surcharges," "participating

26         manufacturer," and "subscribing participating

27         manufacturer"; creating s. 210.0220, F.S.;

28         providing for imposition of the public health

29         tobacco equity surcharge; providing legislative

30         intent; providing applicability of specified

31         provisions of law; creating s. 210.0221, F.S.;


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    CS for CS for SB 2214                          First Engrossed



  1         imposing the public health tobacco equity

  2         surcharge on the sale, receipt, purchase,

  3         possession, consumption, handling,

  4         distribution, and use of cigarettes in this

  5         state; specifying the amount of the surcharge;

  6         providing that the surcharge will be paid by

  7         the wholesale dealer; providing for collection

  8         of surcharge; requiring collection and payment

  9         to the division; providing for interest on

10         unpaid amount; providing for responsible party

11         when cigarettes shipped to other than wholesale

12         dealer; creating s. 210.0222, F.S.; providing

13         credit against surcharge for participating

14         manufacturers and subscribing participating

15         manufacturers; providing amount of credit;

16         creating s. 210.0223, F.S.; providing for

17         deposit of proceeds to the Tobacco Settlement

18         Clearing Trust Fund; defining "proceeds";

19         creating s. 210.0224, F.S.; providing for

20         duties of the division; providing for reports

21         from participating manufacturers and

22         subscribing participating manufacturers;

23         creating s. 210.0225, F.S.; providing intent

24         related to severability and impact of

25         declaration of unconstitutionality; amending s.

26         17.41, F.S., correcting a cross-reference;

27         providing an effective 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)(a).

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

31  Department of Health, the Department of Children and Family


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    CS for CS for SB 2214                          First Engrossed



  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)  "Subscribing participating manufacturer" means any

  5  manufacturer of tobacco products which meets the requirements

  6  of subsection (4)(c).

  7         (h)  "Transit advertisements" means advertising on

  8  private or public vehicles and all advertisements placed at,

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

10  station, airport, or similar location.  

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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    CS for CS for SB 2214                          First Engrossed



  1         (4)  PARTICIPATING MANUFACTURERS; QUALIFICATIONS.--

  2         (a)  A tobacco manufacturer may become a participating

  3  manufacturer for purposes of this section if: (i) the

  4  manufacturer is a signatory to the August 25, 1997 and

  5  December 7, 1998 settlement agreements in The State of

  6  Florida, et al. v. American Tobacco Company, et al. Fifteenth

  7  Judicial Circuit Case No. 95-1466, who is in compliance with

  8  all economic and non-economic requirements in those agreements

  9  on the date of enactment of this act; and (ii) the

10  manufacturer annually posts a performance bond payable to the

11  Department of Business and Professional Regulation based upon

12  the greater of the manufacturer's actual prior year's sales

13  volume in Florida, or estimated annual Florida sales volume,

14  in an amount sufficient to secure payment of all of the annual

15  tobacco equity surcharge as prescribed in ss. 210.0220,

16  210.0221, and 210.0222.  The bond shall be in such a form as

17  may be approved by the department, executed by a surety

18  company licensed to do business under the laws of this state

19  as surety thereon, and conditioned upon the prompt filing of

20  true reports, the timely payment to the State of Florida of

21  the manufacturer's monetary agreement obligations, and

22  generally upon faithful compliance with the provisions of the

23  agreement and the laws of this state concerning sale and

24  distribution of cigarettes.  The manufacturer shall be the

25  principal obligor, and the state shall be the obligee.

26         (b)  Any such manufacturer whose obligations under such

27  settlement agreements are abated, excused, nullified, or

28  stayed, in total or in part, due to judicial action after the

29  enactment of this act is not a "participating manufacturer"

30  for purposes of this section.

31  


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  1         (c)  A tobacco manufacturer or importer may become a

  2  "subscribing participating manufacturer" for purposes of this

  3  section, by entering into an agreement with the State of

  4  Florida Department of Business and Professional Regulation and

  5  the Office of the Attorney General, which agreement provides

  6  for all of the following:

  7         1.  Elimination of the subscribing participating

  8  manufacturer's outdoor advertising and transit advertisements

  9  at the earlier of the expiration of applicable contracts or 4

10  months after the date the final list of the subscribing

11  participating manufacturer's outdoor advertising signs is

12  supplied to the Attorney General. The manufacturer or importer

13  shall provide a final list of all its outdoor advertising

14  signs and transit advertisements to the Attorney General

15  within 45 days after entering the agreement;

16         2.  Support of legislative initiatives to enact new

17  laws and administrative initiatives to promulgate new rules

18  intended to effectuate the following:

19         a.  Prohibition of the sale of cigarettes in vending

20  machines, except in adult-only locations and facilities;

21         b.  Strengthening of civil penalties for sales of

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

23  the suspension or revocation of retail licenses; and

24         c.  Strengthening of civil penalties for possession of

25  tobacco products by children under the age of 18;

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

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

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

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

30  cigarette package, advertisement for cigarettes, or any other

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


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    CS for CS for SB 2214                          First Engrossed



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

  2  indicia of product identification identical or similar to, or

  3  identifiable with, those used for any brand of domestic

  4  tobacco products;

  5         4.  Prohibition and permanent cessation on marketing,

  6  licensing, distributing, selling or offering, directly or

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

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

  9  item of which the sole function is to advertise tobacco

10  products) which bears the brand name (alone or in conjunction

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

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

13  of product identification identical or similar to, or

14  identifiable with, those used for any brand of domestic

15  tobacco products;

16         5.  Payment to the State of Florida, Department of

17  Business and Professional Regulation by the earlier of

18  December 31, or the last business day of each calendar year,

19  of a public health tobacco equity contribution for mitigation

20  of Florida's taxpayer-borne health and other costs and

21  expenses related to tobacco use;

22         6.  The manufacturer annually posts a performance bond

23  payable to the Department of Business and Professional

24  Regulation based upon the greater of the manufacturer's

25  actual prior year's sales volume in Florida, or estimated

26  annual Florida sales volume, in an amount sufficient to secure

27  payment of all of the annual tobacco equity contribution as

28  required herein. The bond shall be in such a form as may be

29  approved by the department, executed by a surety company

30  licensed to do business under the laws of this state as surety

31  thereon, and conditioned upon the prompt filing of true


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    CS for CS for SB 2214                          First Engrossed



  1  reports, the payment to the department of the tobacco equity

  2  contribution and tobacco equity surcharge, and generally upon

  3  faithful compliance with the provisions of the agreement and

  4  the laws of this state concerning sale and distribution of

  5  cigarettes.  The manufacturer shall be the principal obligor,

  6  and the state shall be the obligee.

  7         (c)  The public health tobacco equity contribution

  8  received by the Department of Business and Professional

  9  Regulation from subscribing participating manufacturers shall

10  be deposited into the Department of Banking and Finance

11  Tobacco Settlement Clearing Trust Fund.

12         (5)  Beginning July 1, 2001, $10 million of the funds

13  collected from subscribing participating manufacturers and the

14  public health tobacco equity surcharge imposed by s. 210.0221

15  shall be transferred from the Tobacco Settlement Clearing

16  Trust Fund to the Florida Comprehensive Health Association

17  created in s. 627.6488, for coverage of new participants.

18  Effective April 1, 2002, the association may provide coverage

19  for up to 500 persons for the period ending December 31, 2002.

20  On or after January 1, 2003, the association may enroll an

21  additional 1,500 persons. At no time may the association

22  provide coverage for more than 2,000 persons.

23         (6)(4)  LAWTON CHILES ENDOWMENT FUND; CREATION;

24  PURPOSES AND USES.--

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

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

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

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

29  Constitution and shall be funded by settlement moneys received

30  from the Tobacco Settlement Clearing Trust Fund industry and

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


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    CS for CS for SB 2214                          First Engrossed



  1  and interest in and to the tobacco settlement agreement,

  2  including the right to receive payments under such agreement.

  3  The endowment fund shall be exempt from the service charges

  4  imposed by s. 215.20.

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

  6  legislative appropriation pursuant to subsection (8) (6) shall

  7  be transferred by the board to the Tobacco Settlement Clearing

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

  9  in this paragraph.

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

11  distributed based on legislative appropriations.

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

13  be distributed annually as follows:

14         a.  Fifty percent shall be deposited into a separate

15  account in the Department of Children and Family Services

16  Tobacco Settlement Trust Fund to be appropriated pursuant to

17  paragraph (10)(a) (8)(a);

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

19  deposited into the Biomedical Research Trust Fund in the

20  Department of Health to be appropriated pursuant to paragraph

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

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

23  Health Tobacco Settlement Trust Fund; and

24         c.  The remaining funds shall be deposited into a

25  separate account in the Department of Elderly Affairs Tobacco

26  Settlement Trust Fund to be appropriated pursuant to paragraph

27  (10)(a) (8)(a).

28         (c)  Subject to legislative appropriations, state

29  agencies shall use distributions from the endowment fund to

30  enhance services for children and elders or to support

31  biomedical research initiatives pursuant to s. 215.5602.


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    CS for CS for SB 2214                          First Engrossed



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

  2  Secretary of Health, the Secretary of Children and Family

  3  Services, and the Secretary of Health Care Administration

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

  5  children's services eligible for funding from the endowment

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

  7  Affairs, and the Secretary Director of Health Care

  8  Administration shall develop a list of the top five funding

  9  priorities for elder services eligible for funding from the

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

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

12  council for children's services created in paragraph (11)(a)

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

14  the advisory council for elder services created in paragraph

15  (11)(b) (9)(b). The purposes of using the advisory councils

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

17  evaluate the request against the mission and goals of the

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

19  consensus for priority requests and recommended endowment

20  funding levels for those priority requests.

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

22  be used to supplant existing revenues.

23         (f)  When advised by the Revenue Estimating Conference

24  that a deficit will occur with respect to the appropriations

25  from the tobacco settlement trust funds of the state agencies

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

27  action to eliminate the deficit. Before implementing the plan

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

29  216.177(2). In developing the plan of action, the Governor

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

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


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    CS for CS for SB 2214                          First Engrossed



  1  the General Appropriations Act, any reductions in

  2  appropriations from the tobacco settlement trust funds of the

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

  4  purposes for which funds were appropriated from that Tobacco

  5  Settlement Clearing Trust Fund for that year.

  6         (7)(5)  ADMINISTRATION OF THE ENDOWMENT.--

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

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

  9  215.47, in accordance with the fiduciary standards set forth

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

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

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

13  deducted from the earnings accruing to the endowment.

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

15  investment objective shall be long-term preservation of the

16  real value of the principal and a specified regular annual

17  cash outflow for appropriation, as nonrecurring revenue. The

18  schedule of annual cash outflow shall be included within the

19  investment plan adopted pursuant to paragraph (a).

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

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

22  an investment portfolio that maximizes the financial return to

23  the endowment, consistent with the risks inherent in each

24  investment, and that is designed to preserve an appropriate

25  diversification of the portfolio.

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

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

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

29  Representatives, the President of the Senate, the chairs of

30  the respective appropriations and appropriate substantive

31  


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    CS for CS for SB 2214                          First Engrossed



  1  committees of each chamber, and the Revenue Estimating

  2  Conference.

  3         (e)  Accountability for funds from the endowment which

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

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

  6  expenditure or accountability of funds from the endowment

  7  after transfer to the Tobacco Settlement Clearing Trust Fund.

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

  9  endowment no greater than that charged to the Florida

10  Retirement System.

11         (8)(6)  AVAILABILITY OF FUNDS.--

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

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

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

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

16  following, based on earnings averaged over 3 years:

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

18  spending representing earnings at a rate of 3 percent.

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

20  spending representing earnings at a rate of 4 percent.

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

22  spending representing earnings at a rate of 5 percent.

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

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

25  percent.

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

27  pursuant to s. 216.351, all unencumbered balances of

28  appropriations as of June 30 or undisbursed balances as of

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

30         (9)(7)  ENDOWMENT PRINCIPAL.--The endowment shall

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


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    CS for CS for SB 2214                          First Engrossed



  1  interest in and to the tobacco settlement agreement and from

  2  amounts transferred from the Department of Banking and Finance

  3  Tobacco Settlement Clearing Trust Fund.  Amounts to be

  4  transferred from the clearing trust fund shall be in the

  5  following amounts for the following fiscal years:

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

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

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

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

10         (e)  For all subsequent fiscal years, $30 million.

11  

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

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

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

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

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

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

18  settlement agreement.

19         (10)(8)  APPROPRIATIONS OF THE ENDOWMENT

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

21         (a)  Appropriations by the Legislature to the

22  Department of Children and Family Services or the Department

23  of Elderly Affairs from the endowment earnings distributed to

24  those departments shall be from a category called Lawton

25  Chiles Endowment Fund Programs. The departments shall

26  distribute such appropriations pursuant to any directions or

27  limitations provided for in the General Appropriations Act and

28  consistent with this section.

29         (b)  Appropriations by the Legislature to the

30  Department of Health from the endowment earnings distributed

31  to the department shall be from a category called Florida


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    CS for CS for SB 2214                          First Engrossed



  1  Biomedical Research Program. The department shall spend such

  2  funds in accordance with s. 215.5602.

  3         (11)(9)  LAWTON CHILES ENDOWMENT FUND ADVISORY

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

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

  6  and rank for legislative consideration recommendations

  7  submitted to the councils by the agencies for evaluation under

  8  paragraph (6)(d) (4)(d).

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

10  and Family Services the Lawton Chiles Endowment Fund Advisory

11  Council for Children.

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

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

14  designee, the director of the Florida Federation of Community

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

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

17  Florida Pediatric Association or a designee. The Governor

18  shall appoint the remaining council members, including:

19         a.  An academic expert in child health policy.

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

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

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

23  community-based care.

24         e.  A representative of a statewide child advocacy

25  organization.

26         f.  A youth representing a statewide youth

27  organization.

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

29  child development.

30         h.  Two consumer caregivers of children.

31  


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    CS for CS for SB 2214                          First Engrossed



  1         2.  The council shall adopt internal organizational

  2  procedures, including procedures for the appointment of a

  3  chair, as necessary for its efficient organization.

  4         3.  The department shall provide such staff,

  5  information, and other assistance as is reasonably necessary

  6  to assist the council in carrying out its responsibilities.

  7         4.  Members of the council shall serve without

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

  9  112.061 for travel and other necessary expenses incurred in

10  the performance of their official duties.

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

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

13  programs submitted by the agencies for evaluation under

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

15  may include, but are not limited to:

16         a.  Developing criteria and guiding principles for the

17  ranking of programs to be recommended to the Legislature.

18         b.  Evaluating the value of programs or services

19  submitted by the agencies as they relate to overall

20  enhancement for children.

21         c.  Providing recommendations on the funding levels to

22  be allocated for the ranked programs.

23         d.  Participating in periodic program evaluation to

24  determine the need for continued funding.

25         e.  Soliciting appropriate input from children's

26  advocates and community stakeholders, such as voluntary

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

28  delivery systems, business and industry, government agencies,

29  and children's service providers.

30  

31  


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    CS for CS for SB 2214                          First Engrossed



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

  2  Affairs the Lawton Chiles Endowment Fund Advisory Council for

  3  Elders.

  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 branch

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

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

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

11  Governor shall appoint the remaining council members,

12  including:

13         a.  An academic expert in elder health policy.

14         b.  A professional who has experience with the delivery

15  of home care services.

16         c.  A physician who is certified in geriatric medical

17  care.

18         d.  A professional who has experience with the delivery

19  of services in adult congregate care facilities.

20         e.  A professional who has experience with the delivery

21  of services in a nursing home.

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

23  represent elders.

24         g.  One consumer caregiver for an elderly person.

25         2.  The council shall adopt internal organizational

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

27  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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    CS for CS for SB 2214                          First Engrossed



  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 elder programs

  7  submitted by the agencies for evaluation under paragraph

  8  (6)(d) (4)(d). The responsibilities of the council may

  9  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 elders.

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 elder advocates

20  and community stakeholders, such as voluntary organizations,

21  community-based care lead agencies, health care delivery

22  systems, business and industry, government agencies, and

23  elder-service providers.

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

25  Statutes, is amended to read:

26         210.15  Permits.--

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

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

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

30  cigarette permit for each place of business with the Division

31  of Alcoholic Beverages and Tobacco.  Every application for a


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    CS for CS for SB 2214                          First Engrossed



  1  cigarette permit shall be made on forms furnished by the

  2  division and shall set forth the name under which the

  3  applicant transacts or intends to transact business, the

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

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

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

  7  business dealing in cigarettes within this state, the

  8  application shall state the location of each place of

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

10  shall set forth the names and addresses of the persons

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

12  and addresses of the principal officers thereof and any other

13  information prescribed by the division for the purpose of

14  identification.  The application shall be signed and verified

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

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

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

18  executive officer thereof or by any person specifically

19  authorized by the corporation to sign the application, to

20  which shall be attached the written evidence of this

21  authority. The cigarette permit for a distributing agent shall

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

23  charged.

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

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

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

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

28  upon payment of this annual permit fee.

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

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

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


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    CS for CS for SB 2214                          First Engrossed



  1  Distributing agent, wholesale dealer, or exporter permits to

  2  corporations shall be issued only to corporations whose

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

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

  5  fees herein provided to any persons, association of persons or

  6  corporation, any law to the contrary notwithstanding.  No

  7  distributing agent, wholesale dealer, or exporter permit shall

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

  9  5 years of any offense against the cigarette laws of this

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

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

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

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

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

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

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

17  crime.

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

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

20  corporation whose permit under the cigarette law has been

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

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

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

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

25  issued to a firm or corporation prohibited from obtaining such

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

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

28  wholesale dealer, or exporter permit being approved, the

29  applicant shall file a set of fingerprints on forms provided

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

31  fingerprints for any person or persons interested directly or


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    CS for CS for SB 2214                          First Engrossed



  1  indirectly with the applicant in the business for which the

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

  3  the applicant or any person interested with the applicant,

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

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

  6  definition of persons to whom a distributing agent, wholesale

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

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

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

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

11  officers of the corporation are required to file said

12  fingerprints.  The cigarette permit for a wholesale dealer or

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

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

15  issuing such permit.

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

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

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

19  making application to the division and upon payment of the

20  annual renewal fee and public health tobacco equity surcharge

21  required in this chapter.

22         (g)  No tobacco product manufacturer, importer,

23  distributing agent, wholesale dealer, exporter or other person

24  shall use the State of Florida as a conduit to avoid or evade

25  taxes or other payments (including statutorily mandated escrow

26  payments) due or owing to another state, under the law of that

27  state. Each such manufacturer, importer, distributing agent,

28  wholesale exporter or other person shall provide a sworn

29  certification to the distributing agent, wholesale dealer,

30  exporter, or other person of its compliance with the laws of

31  the receiving state.  A distributing agent, wholesale dealer,


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    CS for CS for SB 2214                          First Engrossed



  1  exporter or other person who is transporting or trans-shipping

  2  tobacco products through this state for sale and consumption

  3  in another state in violation of this subsection shall be

  4  subject to revocation of its permits, licenses and bonds in

  5  this state. Tobacco products in Florida that are in violation

  6  of this part are subject to seizure and destruction by the

  7  department.

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

  9  agree that their places of business or vehicles transporting

10  cigarettes shall always be subject to be inspected and

11  searched without a search warrant for the purpose of

12  ascertaining that all provisions of this part are complied

13  with by authorized employees of the division and also by

14  sheriffs, deputy sheriffs, and police officers during business

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

16  the permittee or other persons.  Retail cigarette dealers and

17  manufacturers' representatives, by dealing in cigarettes,

18  agree that their places of business or vehicles transporting

19  cigarettes shall always be subject to inspection and search

20  without a search warrant for the purpose of ascertaining that

21  all provisions of this part are complied with by authorized

22  employees of the division and also by sheriffs, deputy

23  sheriffs, and police officers during business hours or other

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

25  manufacturers' representatives or other persons.

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

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

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

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

30  industrial caterer, shall be paid into the General Revenue

31  Fund unallocated. Cigarettes may be purchased for retail


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    CS for CS for SB 2214                          First Engrossed



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

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

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

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

  5  purpose of resale.

  6         Section 3.  Subsections (19), (20), and (21) are added

  7  to section 210.01, Florida Statutes, to read:

  8         210.01  Definitions.--When used in this part the

  9  following words shall have the meaning herein indicated:

10         (19)  "Surcharge" means the Public Health Tobacco

11  Equity Surcharge as prescribed in ss. 210.0220, 210.0221, and

12  210.0222.

13         (20)  "Participating Manufacturer" has the meaning

14  ascribed in s. 215.5601(2). However, any such manufacturer

15  whose obligations under such agreements are abated, excused,

16  nullified, or stayed, in total or in part, due to judicial

17  action after the enactment of this act is not a "participating

18  manufacturer" for purposes of this part.

19         (21)  "Subscribing Participating Manufacturer" has the

20  meaning ascribed in s. 215.5601(2). 

21         Section 4.  Section 210.0220, Florida Statutes, is

22  created to read:

23         210.0220  Public Health Tobacco Equity Surcharge;

24  Legislative intent and general provisions.--

25         (1)(a) It is the legislative intent that the Public

26  Health Tobacco Equity Surcharge imposed in this part shall be

27  in addition to all other taxes imposed under this chapter and

28  other provisions of law.

29         (b)  It is the legislative intent that the Public

30  Health Tobacco Equity Surcharge imposed in this part shall be

31  added to the tax imposed by s. 210.02; that the Public Health


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    CS for CS for SB 2214                          First Engrossed



  1  Tobacco Equity Surcharge imposed in this part shall not be a

  2  substitute for or replace the tax imposed by s. 210.02; and

  3  that the Public Health Tobacco Equity Surcharge imposed in

  4  this part shall supplement the tax imposed by s. 210.02.

  5         (c)  The application of any one tax under this part

  6  shall not preclude application of any or all of the other

  7  taxes or the Public Health Tobacco Equity Surcharge provided

  8  herein.

  9         (2)  The provisions of ss. 210.02, 210.04, 210.05,

10  210.06, 210.021, 210.07, 210.08, 210.09, 210.10, 210.11,

11  210.12, 210.13, 210.14, 210.15, 210.16, 210.1605, 210.161,

12  210.18, 210.185, 210.19, and 210.20 shall, as far as lawful or

13  practicable, be applicable to the levy and collection of the

14  Public Health Tobacco Equity Surcharge imposed pursuant to

15  this section as if fully set out in this section and made

16  expressly applicable to the surcharge imposed herein.

17         Section 5.  Section 210.0221, Florida Statutes, is

18  created to read:

19         210.0221  Public Health Tobacco Equity Surcharge

20  Imposed.--

21         (1)  A surcharge, in addition to all other taxes of

22  every kind imposed by law, is imposed upon the sale, receipt,

23  purchase, possession, consumption, handling, distribution, and

24  use of cigarettes in this state per package of cigarettes

25  after October 1, 2001 in the amount of $0.36 per package of

26  cigarettes.

27         (2)  Cigarettes packed in packages containing less than

28  20 cigarettes require the same surcharge of $0.36 per such

29  package.

30         (3)  The surcharge shall be added to the amount of the

31  tax imposed by s. 210.02.


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    CS for CS for SB 2214                          First Engrossed



  1         (4)  This surcharge, like the tax imposed by s. 210.02,

  2  shall be paid by the wholesale dealer to the division for

  3  deposit and distribution as hereinafter provided upon the

  4  first sale or transaction within the state, whether or not

  5  such sale or transfer is to the ultimate purchaser or

  6  consumer.

  7         (5)  The wholesale dealer shall collect the surcharge

  8  from the retail dealer upon the sale of the cigarettes to the

  9  retail dealer.  The retail dealer shall collect the surcharge

10  from the purchaser or consumer, and the purchaser or consumer

11  shall pay the surcharge to the seller.

12         (6)  The wholesale dealer shall be responsible for the

13  collection of the surcharge and the payment of the same to the

14  division.  The remittance of the surcharge is due not later

15  than the 10th day of the month following the calendar month in

16  which they were incurred, and thereafter shall bear interest

17  at the rate of 1 percent per month.  If the amount of

18  surcharge due for a given period is paid without allocating it

19  to any particular month, the interest shall begin with the

20  date of the assessment.

21         (7)  Whenever cigarettes are shipped from outside the

22  state to anyone in Florida other than a distributing agent or

23  wholesale dealer, the person receiving the cigarettes shall be

24  responsible for the surcharge on said cigarettes and the

25  payment of same to the division.

26         Section 6.  Section 210.0222, Florida Statutes, is

27  created to read:

28         210.0222  Credit on the Payment of the Surcharge.--

29         (1)(a)  A $0.36 per package of cigarettes credit of

30  this public health tobacco equity surcharge shall be extended

31  for cigarettes sold in Florida after October 1, 2001 that have


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    CS for CS for SB 2214                          First Engrossed



  1  been produced or manufactured by each Participating

  2  Manufacturer, as defined in s. 215.5601(4)(a).

  3         (b)  The credit to each Participating Manufacturer

  4  shall be computed per package on an annual basis by the

  5  division. The total annual credit shall not exceed the amount

  6  annually owed by each Participating Manufacturer to the State

  7  of Florida under the qualifying settlement agreements

  8  enumerated in s. 215.5601(4)(a).

  9         (2)(a)  Cigarettes produced by each Subscribing

10  Participating Manufacturer that fully comply with the

11  agreement entered into with the Attorney General under s.

12  215.5601(4)(c) shall receive a credit of this public health

13  tobacco equity surcharge for each package of cigarettes sold

14  in Florida after October 1, 2001 that has been produced or

15  manufactured by each Subscribing Participating Manufacturer as

16  defined in s. 215.5601(4)(c).

17         (b)  A $0.36 per package of cigarettes credit of this

18  public health tobacco equity surcharge shall be extended for

19  each package of cigarettes sold in Florida after October 1,

20  2001 that has been produced or manufactured by each

21  Subscribing Participating Manufacturer, as defined in s.

22  215.5601(4)(c).

23         (c)  The credit to each Subscribing Participating

24  Manufacturer shall be computed per package on an annual basis

25  by the division. The total annual credit shall not exceed the

26  amount annually paid by each Subscribing Participating

27  Manufacturer to the State of Florida under the qualifying

28  settlement agreements enumerated in s. 215.5601(4)(c).

29         Section 7.  Section 210.0223, Florida Statutes, is

30  created to read:

31  


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    CS for CS for SB 2214                          First Engrossed



  1         210.0223  Deposit of Proceeds.--The proceeds of the

  2  public health tobacco equity surcharge received by the

  3  Department of Business and Professional Regulation shall be

  4  deposited into the Department of Banking and Finance Tobacco

  5  Settlement Clearing Trust Fund.  For the purposes of this

  6  section, "proceeds" of the surcharge shall mean all funds

  7  collected and received by the division hereunder, including

  8  interest and penalties on delinquent surcharge payments.

  9         Section 8.  Section 210.0224, Florida Statutes, is

10  created to read:

11         210.0224  Administration.--

12         (1)  The division shall administer, collect, and

13  enforce the surcharge imposed under this part pursuant to the

14  same procedures used in the administration, collection, and

15  enforcement of the general state excise tax imposed under part

16  I of this chapter, except as provided in this section.

17         (2)  The division is authorized to adopt rules to

18  implement the provisions of this part.

19         (3)  The participating manufacturers and subscribing

20  participating manufacturers shall provide to the division on a

21  quarterly basis a complete list of those products produced by

22  such manufacturers and shipped into the State of Florida.

23  Failure to timely provide the information required by this

24  section shall constitute a waiver of the credit for the

25  reporting period.

26         (4)  The division will quarterly provide the wholesale

27  dealers with a list of those products produced by the

28  Participating Manufacturers and Subscribing Participating

29  Manufacturers that qualify for the credit allowed under s.

30  210.0222.

31  


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    CS for CS for SB 2214                          First Engrossed



  1         Section 9.  Section 210.0225, Florida Statutes, is

  2  created to read:

  3         210.0225  Declaration of Legislative Intent.--

  4         (1)  If any section, subsection, sentence, clause,

  5  phrase or word of this law is for any reason held or declared

  6  to be unconstitutional, invalid, inoperative, ineffective,

  7  inapplicable, or void, such invalidity or unconstitutionality

  8  shall not be construed to affect the portions of this law not

  9  so held to be unconstitutional, void, invalid, or ineffective,

10  or affect the application of this law to other circumstances

11  not so held to be invalid, it being hereby declared to be the

12  express legislative intent that any such unconstitutional,

13  illegal, invalid, ineffective, inapplicable, or void portion

14  or portions of this law did not induce its passage, and that

15  without the inclusion of any such unconstitutional, illegal,

16  invalid, ineffective, or void portions of this law, the

17  Legislature would have enacted the valid and constitutional

18  portions thereof.

19         (2)  It is hereby declared to be the specific

20  legislative intent to impose the public health tobacco equity

21  surcharge on each and every pack of cigarettes sold in the

22  State of Florida after October 1, 2001.  It is further

23  declared to be the specific legislative intent that should any

24  credit or attempted credit from the public health tobacco

25  equity surcharge or from the operation or imposition of the

26  public health tobacco equity surcharge be declared to be

27  invalid, ineffective, inapplicable, unconstitutional, or void

28  for any reason, such declaration shall not affect the public

29  health tobacco equity surcharge imposed herein, but such sales

30  of cigarettes for which a credit is given or a credit is

31  attempted to be given from the public health tobacco equity


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    CS for CS for SB 2214                          First Engrossed



  1  surcharge, shall be subject to the public health tobacco

  2  equity surcharge and the operation and imposition thereof to

  3  the same extent as if such credit or attempted credit had

  4  never been included herein.

  5         (3)  It is further declared to be the specific

  6  legislative intent to provide a credit from the public health

  7  tobacco equity surcharge or from the operation or the

  8  imposition thereof only to the extent that such credits are in

  9  accordance with the provisions of the constitutions of the

10  state and of the United States.

11         (4)  It is further declared to be the specific

12  legislative intent to impose the public health tobacco equity

13  surcharge on each and every sale of cigarettes in the State of

14  Florida specifically providing a credit therefrom by this law

15  to the extent that such credits are in accordance with the

16  provisions of the constitutions of the state and of the United

17  States.

18         (5)  It being further declared to be the specific

19  legislative intent that in the event any credit or attempted

20  credit from the public health tobacco equity surcharge imposed

21  by this law is for any reason declared to be unconstitutional,

22  ineffective, inapplicable, or void, that then and in such

23  event each and every such sale of cigarettes shall be subject

24  to the public health tobacco equity surcharge imposed by this

25  law as fully and to the same extent as if such credit or

26  attempted credit had never been included herein, it being

27  declared to be the specific legislative intent that no

28  unconstitutional, invalid, ineffective, inapplicable, or void

29  credit or attempted credit induced the passage of this law, it

30  being further declared to be the specific legislative intent

31  that without the inclusion herein of any such


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    CS for CS for SB 2214                          First Engrossed



  1  unconstitutional, invalid, ineffective, inapplicable, or void

  2  credit or attempted credit, the valid portions of this law

  3  would have been enacted.

  4         (6)  It is the legislative intent that the repeal of

  5  any provision heretofore providing a credit in whole or part

  6  of any item or transaction from the public health tobacco

  7  equity surcharge imposed by this law shall result in the full

  8  imposition of the public health tobacco equity surcharge to

  9  any such item or transaction.

10         Section 10.  Subsection (4) of section 17.41, Florida

11  Statutes, is amended to read:

12         17.41  Department of Banking and Finance Tobacco

13  Settlement Clearing Trust Fund.--

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

15  agreement received by the state shall be immediately deposited

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

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

18  Clearing Trust Fund.

19         Section 11.  Paragraph (h) of subsection (1) of section

20  20.435, Florida Statutes, is amended to read:

21         20.435  Department of Health; trust funds.--

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

23  be administered by the Department of Health:

24         (h)  Biomedical Research Trust Fund.

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

26  consist of funds deposited pursuant to s. 215.5601(6) s.

27  215.5601(4). Funds shall be used for the purposes of the

28  Florida Biomedical Research Program as specified in s.

29  215.5602. The trust fund is exempt from the service charges

30  imposed by s. 215.20.

31  


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    CS for CS for SB 2214                          First Engrossed



  1         2.  Notwithstanding the provisions of s. 216.301 and

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

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

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

  5  purposes of the trust fund.

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

  7  terminated on July 1, 2004.

  8         Section 12.  Subsection (1) of section 215.5602,

  9  Florida Statutes, is amended to read:

10         215.5602  Florida Biomedical Research Program.--

11         (1)  There is established within the Department of

12  Health the Florida Biomedical Research Program funded by the

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

14  215.5601 s. 215.5601(4). The purpose of the Florida Biomedical

15  Research Program is to support research initiatives that

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

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

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

19         (a)  Improve the health of Floridians by researching

20  better prevention, diagnoses, and treatments for cancer,

21  cardiovascular disease, stroke, and pulmonary disease.

22         (b)  Expand the foundation of biomedical knowledge

23  relating to the prevention, diagnosis, and treatment of

24  diseases related to tobacco use, including cancer,

25  cardiovascular disease, stroke, and pulmonary disease.

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

27  centers by bringing the advances of biomedical research into

28  the training of physicians and other health care providers.

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

30  biomedical research by undertaking new initiatives in

31  


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    CS for CS for SB 2214                          First Engrossed



  1  biomedical research that will attract additional funding from

  2  outside the state.

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

  4  related to biomedical research, such as the research and

  5  production of pharmaceuticals, biotechnology, and medical

  6  devices.

  7         Section 13.  This act shall take effect upon becoming a

  8  law.

  9  

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