Senate Bill sb0330e1

CODING: Words stricken are deletions; words underlined are additions.




    SB 330                                         First Engrossed



  1                      A bill to be entitled

  2         An act relating to cigarette taxes; amending s.

  3         210.20, F.S.; providing for the payment of a

  4         portion of cigarette taxes to the Board of

  5         Directors of the H. Lee Moffitt Cancer Center

  6         and Research Institute to be used for certain

  7         purposes; amending s. 210.201, F.S.; providing

  8         for a cross reference; abrogating the repeal of

  9         s. 240.512, F.S., relating to the H. Lee

10         Moffitt Cancer Center and Research Institute;

11         providing an effective date.

12

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

14

15         Section 1.  Paragraph (c) of subsection (2) of section

16  210.20, Florida Statutes, is amended to read:

17         210.20  Employees and assistants; distribution of

18  funds.--

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

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

21  in the State Treasury designated "Cigarette Tax Collection

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

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

24  years thereafter, the division shall from month to month

25  certify to the Comptroller the amount derived from the

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

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

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

29  shall be deposited into the Alcoholic Beverage and Tobacco

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

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


                                  1

CODING: Words stricken are deletions; words underlined are additions.






    SB 330                                         First Engrossed



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

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

  3  the Comptroller upon the State Treasury. These funds are

  4  hereby appropriated monthly out of the Cigarette Tax

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

  6  constructing, furnishing, and equipping a cancer research

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

  8  Lee Moffitt Cancer Center and Research Institute.  In fiscal

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

10  year 2008-2009, the appropriation to the H. Lee Moffitt Cancer

11  Center and Research Institute authorized by this subparagraph

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

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

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

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

16  thereof.

17         2.  Beginning July 1, 2001, and continuing through June

18  30, 2011, the division shall, in addition to the distribution

19  authorized above, from month to month certify to the

20  Comptroller the amount derived from the cigarette tax imposed

21  by s. 210.02, less the service charges provided for in s.

22  215.20 and less 0.9 percent of the amount derived from the

23  cigarette tax imposed by s. 210.02 which shall be deposited

24  into the Alcoholic Beverage and Tobacco Trust Fund, specifying

25  an amount equal to 1.47 percent of the net collections, and

26  that amount shall be paid to the Board of Directors of the H.

27  Lee Moffitt Cancer Center and Research Institute, established

28  under s. 240.512 by warrant drawn by the Comptroller upon the

29  State Treasury. These funds are hereby appropriated monthly

30  out of the Cigarette Tax Collection Trust Fund, to be used for

31  the purpose of constructing, furnishing, and equipping a


                                  2

CODING: Words stricken are deletions; words underlined are additions.






    SB 330                                         First Engrossed



  1  cancer research facility at the University of South Florida

  2  adjacent to the H. Lee Moffitt Cancer Center and Research

  3  Institute. In fiscal years 2002-2003 and thereafter, the

  4  appropriation to the H. Lee Moffitt Cancer Center and Research

  5  Institute authorized by this subparagraph shall not be less

  6  than the amount paid to the H. Lee Moffitt Cancer Center and

  7  Research Institute in fiscal year 2001-2002.

  8         Section 2.  Section 210.201, Florida Statutes, is

  9  amended to read:

10         210.201  Cancer research facility at the University of

11  South Florida; establishment; funding.--The Board of Directors

12  of the H. Lee Moffitt Cancer Center and Research Institute

13  shall construct, furnish, and equip, and shall covenant to

14  complete, the cancer research facility at the University of

15  South Florida adjacent to the H. Lee Moffitt Cancer Center and

16  Research Institute.  Moneys transferred to the Board of

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

18  Institute pursuant to s. 210.20 shall be used to secure

19  financing to pay costs related to constructing, furnishing,

20  and equipping the cancer research facility.  Such financing

21  may include the issuance of tax exempt bonds by a local

22  authority, municipality, or county pursuant to parts II and

23  III of chapter 159.  Such bonds shall not constitute state

24  bonds for purposes of s. 11, Art. VII of the State

25  Constitution, but shall constitute bonds of a "local agency,"

26  as defined in s. 159.27(4). The cigarette tax dollars pledged

27  to this facility pursuant to s. 210.20 may shall be replaced

28  annually by the Legislature from tobacco litigation settlement

29  proceeds.

30         Section 3.  Notwithstanding subsection (7) of section 3

31  of chapter 2000-321, Laws of Florida, section 240.512, Florida


                                  3

CODING: Words stricken are deletions; words underlined are additions.






    SB 330                                         First Engrossed



  1  Statutes, shall not stand repealed on January 7, 2003, as

  2  scheduled by that subsection, but such section is revived and

  3  readopted.

  4         Section 4.  This act shall take effect July 1, 2001.

  5

  6

  7

  8

  9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31


                                  4

CODING: Words stricken are deletions; words underlined are additions.