HB 1109

1	A bill to be entitled
2	An act relating to distribution and use of cigarette tax
3	proceeds; amending s. 210.20, F.S.; providing for an
4	additional portion of the revenues from the cigarette tax
5	to be paid monthly to the Board of Directors of the H. Lee
6	Moffitt Cancer Center and Research Institute to develop
7	and maintain a technology-based clinical care and research
8	network; providing a minimum appropriation requirement;
9	amending s. 210.201, F.S.; providing for the use of the
10	transferred moneys; requiring the board of directors to
11	develop and pay costs for a technology-based clinical care
12	and research network; authorizing issuance of tax exempt
13	bonds for certain purposes; authorizing, rather than
14	requiring, replacement of such moneys by tobacco
15	settlement proceeds; providing an effective date.
16
17	Be It Enacted by the Legislature of the State of Florida:
18
19	Section 1.  Paragraph (b) of subsection (2) of section
20	210.20, Florida Statutes, is amended to read:
21	210.20  Employees and assistants; distribution of funds.--
22	(2)  As collections are received by the division from such
23	cigarette taxes, it shall pay the same into a trust fund in the
24	State Treasury designated "Cigarette Tax Collection Trust Fund"
25	which shall be paid and distributed as follows:
26	(b)1.  Beginning January 1, 1999, and continuing for 10
27	years thereafter, the division shall from month to month certify
28	to the Chief Financial Officer the amount derived from the
29	cigarette tax imposed by s. 210.02, less the service charges
30	provided for in s. 215.20 and less 0.9 percent of the amount
31	derived from the cigarette tax imposed by s. 210.02, which shall
32	be deposited into the Alcoholic Beverage and Tobacco Trust Fund,
33	specifying an amount equal to 2.59 percent of the net
34	collections, and that amount shall be paid to the Board of
35	Directors of the H. Lee Moffitt Cancer Center and Research
36	Institute, established under s. 1004.43, by warrant drawn by the
37	Chief Financial Officer upon the State Treasury. These funds are
38	hereby appropriated monthly out of the Cigarette Tax Collection
39	Trust Fund, to be used for the purpose of constructing,
40	furnishing, and equipping a cancer research facility at the
41	University of South Florida adjacent to the H. Lee Moffitt
42	Cancer Center and Research Institute. In fiscal years 1999-2000
43	and thereafter with the exception of fiscal year 2008-2009, the
44	appropriation to the H. Lee Moffitt Cancer Center and Research
45	Institute authorized by this subparagraph shall not be less than
46	the amount that would have been paid to the H. Lee Moffitt
47	Cancer Center and Research Institute for fiscal year 1998-1999
48	had payments been made for the entire fiscal year rather than
49	for a 6-month period thereof.
50	2.  Beginning July 1, 2002, and continuing through June 30,
51	2004, the division shall, in addition to the distribution
52	authorized in subparagraph 1., from month to month certify to
53	the Chief Financial Officer the amount derived from the
54	cigarette tax imposed by s. 210.02, less the service charges
55	provided for in s. 215.20 and less 0.9 percent of the amount
56	derived from the cigarette tax imposed by s. 210.02, which shall
57	be deposited into the Alcoholic Beverage and Tobacco Trust Fund,
58	specifying an amount equal to 0.2632 percent of the net
59	collections, and that amount shall be paid to the Board of
60	Directors of the H. Lee Moffitt Cancer Center and Research
61	Institute, established under s. 1004.43, by warrant drawn by the
62	Chief Financial Officer. Beginning July 1, 2004, and continuing
63	through June 30, 2016, the division shall, in addition to the
64	distribution authorized in subparagraph 1., from month to month
65	certify to the Chief Financial Officer the amount derived from
66	the cigarette tax imposed by s. 210.02, less the service charges
67	provided for in s. 215.20 and less 0.9 percent of the amount
68	derived from the cigarette tax imposed by s. 210.02, which shall
69	be deposited into the Alcoholic Beverage and Tobacco Trust Fund,
70	specifying an amount equal to 1.47 percent of the net
71	collections, and that amount shall be paid to the Board of
72	Directors of the H. Lee Moffitt Cancer Center and Research
73	Institute, established under s. 1004.43, by warrant drawn by the
74	Chief Financial Officer. These funds are appropriated monthly
75	out of the Cigarette Tax Collection Trust Fund, to be used for
76	the purpose of constructing, furnishing, and equipping a cancer
77	research facility at the University of South Florida adjacent to
78	the H. Lee Moffitt Cancer Center and Research Institute. In
79	fiscal years 2004-2005 and thereafter, the appropriation to the
80	H. Lee Moffitt Cancer Center and Research Institute authorized
81	by this subparagraph shall not be less than the amount that
82	would have been paid to the H. Lee Moffitt Cancer Center and
83	Research Institute in fiscal year 2001-2002, had this
84	subparagraph been in effect.
85	3.  Beginning July 1, 2005, the division shall, in addition
86	to the distributions authorized in subparagraphs 1. and 2., from
87	month to month certify to the Chief Financial Officer the amount
88	derived from the cigarette tax imposed by s. 210.02, less the
89	service charges provided for in s. 215.20 and less 0.9 percent
90	of the amount derived from the cigarette tax imposed by s.
91	210.02, which shall be deposited into the Alcoholic Beverage and
92	Tobacco Trust Fund, specifying an amount equal to 2.10 percent
93	of the net collections, and that amount shall be paid to the
94	Board of Directors of the H. Lee Moffitt Cancer Center and
95	Research Institute, established under s. 1004.43, by warrant
96	drawn by the Chief Financial Officer. These funds are
97	appropriated monthly out of the Cigarette Tax Collection Trust
98	Fund, to be used for the research and treatment mission of the
99	H. Lee Moffitt Cancer Center and Research Institute and to
100	develop and maintain a technology-based clinical care and
101	research network with the H. Lee Moffitt Cancer Center and
102	Research Institute designated affiliate hospitals and providers.
103	In fiscal year 2005-2006 and thereafter, the appropriation to
104	the H. Lee Moffitt Cancer Center and Research Institute
105	authorized by this subparagraph shall not be less than the
106	amount that would have been paid to the H. Lee Moffitt Cancer
107	Center and Research Institute in fiscal year 2003-2004 had this
108	subparagraph been in effect.
109	Section 2.  Section 210.201, Florida Statutes, is amended
110	to read:
111	210.201  Cancer research facility at the University of
112	South Florida; establishment; funding.--
113	(1)  The Board of Directors of the H. Lee Moffitt Cancer
114	Center and Research Institute shall construct, furnish, and
115	equip, and shall covenant to complete, the cancer research
116	facility at the University of South Florida adjacent to the H.
117	Lee Moffitt Cancer Center and Research Institute. Moneys
118	transferred to the Board of Directors of the H. Lee Moffitt
119	Cancer Center and Research Institute pursuant to s.
120	210.20(2)(b)1. and 2. shall be used to secure financing to pay
121	costs related to constructing, furnishing, and equipping the
122	cancer research facility. Such financing may include the
123	issuance of tax exempt bonds by a local authority, municipality,
124	or county pursuant to parts II and III of chapter 159. Such
125	bonds shall not constitute state bonds for purposes of s. 11,
126	Art. VII of the State Constitution, but shall constitute bonds
127	of a "local agency," as defined in s. 159.27(4). The cigarette
128	tax dollars pledged to this facility pursuant to s. 210.20 may
129	be replaced annually by the Legislature from tobacco litigation
130	settlement proceeds.
131	(2)  The Board of Directors of the H. Lee Moffitt Cancer
132	Center and Research Institute shall pursue the development of a
133	technology-based clinical care and research network. Any amount
134	of such moneys transferred to the Board of Directors of the H.
135	Lee Moffitt Cancer Center and Research Institute pursuant to s.
136	210.20(2)(b)3. may be used to secure financing to pay costs
137	related to the development and maintenance of a technology-based
138	clinical care and research network. Such financing may include
139	the issuance of tax exempt bonds by a local authority,
140	municipality, or county pursuant to parts II and III of chapter
141	159. Such bonds shall not constitute state bonds for purposes of
142	s. 11, Art. VII of the State Constitution, but shall constitute
143	bonds of a local agency, as defined in s. 159.27(4). The
144	cigarette tax dollars pledged to this program pursuant to s.
145	210.20 may be replaced annually by the Legislature from tobacco
146	litigation settlement proceeds.
147	Section 3.  This act shall take effect July 1, 2005.

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