SENATE AMENDMENT

    Bill No. SB 1016

    Amendment No. ___   Barcode 073802

                            CHAMBER ACTION
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11  Senator Burt moved the following amendment:

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13         Senate Amendment (with title amendment) 

14          Delete everything after the enacting clause

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16  and insert:

17         Section 1.  Present subsections (2) through (12) of

18  section 569.21, Florida Statutes, are renumbered as

19  subsections (3) through (13), respectively, and a new

20  subsection (2) is added to that section to read:

21         569.21  Expenditure of tobacco settlement

22  proceeds.--The following guidelines shall be applied to the

23  expenditure of all funds paid to the State of Florida as a

24  result of litigation entitled The State of Florida et al. v.

25  American Tobacco Company et al., Case #95-1466AH, in the

26  Circuit Court of the Fifteenth Judicial Circuit, in and for

27  Palm Beach County:

28         (2)  The Governor, in consultation with the Attorney

29  General, shall request information from the tobacco industry

30  with respect to calculating the annual tobacco settlement

31  payments. The Comptroller or Chief Financial Officer, in

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                                                  SENATE AMENDMENT

    Bill No. SB 1016

    Amendment No. ___   Barcode 073802





  1  consultation with the Auditor General, shall verify whether

  2  the annual tobacco settlement payments received conform to the

  3  terms of the tobacco settlement. Such verification shall

  4  include, but not be limited to, applying the terms of the

  5  tobacco settlement to the information received from the

  6  tobacco industry and identifying inconsistencies in the

  7  calculation or information. The Comptroller or Chief Financial

  8  Officer may obtain contractual services necessary to analyze

  9  and verify the information received from the tobacco industry.

10         (a)  If the Comptroller or Chief Financial Officer, in

11  consultation with the Auditor General, determines that there

12  has been an underpayment by a settling defendant pursuant to

13  the tobacco settlement, the Comptroller or Chief Financial

14  Officer shall notify the Governor, the Attorney General, the

15  President of the Senate, and the Speaker of the House of

16  Representatives of such underpayment.

17         (b)  The Auditor General shall annually review the

18  state's process for verifying the annual tobacco settlement

19  payments as provided in this section. The Auditor General

20  shall annually report the results of such review to the

21  President of the Senate, the Speaker of the House of

22  Representatives, the Governor, the Attorney General, and the

23  Comptroller or Chief Financial Officer.

24         Section 2.  The Governor is authorized to submit a

25  budget amendment to the Legislative Budget Commission to

26  transfer funds from the Tobacco Settlement Clearing Trust

27  Fund, or any of the agency Tobacco Settlement Trust Funds, to

28  the appropriate trust funds of the Governor, Attorney General,

29  and Comptroller or Chief Financial Officer to cover costs

30  incurred to ensure that tobacco settlement receipts comport

31  with the tobacco settlement. This section authorizes transfers

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    10:37 AM   03/06/02                               s1016c-16m0a




                                                  SENATE AMENDMENT

    Bill No. SB 1016

    Amendment No. ___   Barcode 073802





  1  between agencies, pursuant to the requirements of section

  2  216.292(1)(a), Florida Statutes.

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  5  ================ T I T L E   A M E N D M E N T ===============

  6  And the title is amended as follows:

  7          Delete everything before the enacting clause

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  9  and insert:

10                  A bill to be entitled

11         An act relating to proceeds from the tobacco

12         settlement; amending s. 569.21, F.S.;

13         prescribing duties of the Governor and other

14         officers with respect to monitoring the

15         revenues from the tobacco settlement; providing

16         for verification of payment amounts; requiring

17         reports; authorizing fund transfers to repay

18         certain costs; providing an effective date.

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