Senate Bill sb2130
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Florida Senate - 2005 SB 2130
By Senator Miller
18-1178-05 See HB 1109
1 A bill to be entitled
2 An act relating to distribution and use of
3 cigarette tax proceeds; amending s. 210.20,
4 F.S.; providing for an additional portion of
5 the revenues from the cigarette tax to be paid
6 monthly to the Board of Directors of the H. Lee
7 Moffitt Cancer Center and Research Institute to
8 develop and maintain a technology-based
9 clinical care and research network; providing a
10 minimum appropriation requirement; amending s.
11 210.201, F.S.; providing for the use of the
12 transferred moneys; requiring the board of
13 directors to develop and pay costs for a
14 technology-based clinical care and research
15 network; authorizing issuance of tax exempt
16 bonds for certain purposes; authorizing, rather
17 than requiring, replacement of such moneys by
18 tobacco settlement proceeds; providing an
19 effective date.
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21 Be It Enacted by the Legislature of the State of Florida:
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23 Section 1. Paragraph (b) of subsection (2) of section
24 210.20, Florida Statutes, is amended to read:
25 210.20 Employees and assistants; distribution of
26 funds.--
27 (2) As collections are received by the division from
28 such cigarette taxes, it shall pay the same into a trust fund
29 in the State Treasury designated "Cigarette Tax Collection
30 Trust Fund" which shall be paid and distributed as follows:
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Florida Senate - 2005 SB 2130
18-1178-05 See HB 1109
1 (b)1. Beginning January 1, 1999, and continuing for 10
2 years thereafter, the division shall from month to month
3 certify to the Chief Financial Officer the amount derived from
4 the cigarette tax imposed by s. 210.02, less the service
5 charges provided for in s. 215.20 and less 0.9 percent of the
6 amount derived from the cigarette tax imposed by s. 210.02,
7 which shall be deposited into the Alcoholic Beverage and
8 Tobacco Trust Fund, specifying an amount equal to 2.59 percent
9 of the net collections, and that amount shall be paid to the
10 Board of Directors of the H. Lee Moffitt Cancer Center and
11 Research Institute, established under s. 1004.43, by warrant
12 drawn by the Chief Financial Officer upon the State Treasury.
13 These funds are hereby appropriated monthly out of the
14 Cigarette Tax Collection Trust Fund, to be used for the
15 purpose of constructing, furnishing, and equipping a cancer
16 research facility at the University of South Florida adjacent
17 to the H. Lee Moffitt Cancer Center and Research Institute. In
18 fiscal years 1999-2000 and thereafter with the exception of
19 fiscal year 2008-2009, the appropriation to the H. Lee Moffitt
20 Cancer Center and Research Institute authorized by this
21 subparagraph shall not be less than the amount that would have
22 been paid to the H. Lee Moffitt Cancer Center and Research
23 Institute for fiscal year 1998-1999 had payments been made for
24 the entire fiscal year rather than for a 6-month period
25 thereof.
26 2. Beginning July 1, 2002, and continuing through June
27 30, 2004, the division shall, in addition to the distribution
28 authorized in subparagraph 1., from month to month certify to
29 the Chief Financial Officer the amount derived from the
30 cigarette tax imposed by s. 210.02, less the service charges
31 provided for in s. 215.20 and less 0.9 percent of the amount
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2130
18-1178-05 See HB 1109
1 derived from the cigarette tax imposed by s. 210.02, which
2 shall be deposited into the Alcoholic Beverage and Tobacco
3 Trust Fund, specifying an amount equal to 0.2632 percent of
4 the net collections, and that amount shall be paid to the
5 Board of Directors of the H. Lee Moffitt Cancer Center and
6 Research Institute, established under s. 1004.43, by warrant
7 drawn by the Chief Financial Officer. Beginning July 1, 2004,
8 and continuing through June 30, 2016, the division shall, in
9 addition to the distribution authorized in subparagraph 1.,
10 from month to month certify to the Chief Financial Officer the
11 amount derived from the cigarette tax imposed by s. 210.02,
12 less the service charges provided for in s. 215.20 and less
13 0.9 percent of the amount derived from the cigarette tax
14 imposed by s. 210.02, which shall be deposited into the
15 Alcoholic Beverage and Tobacco Trust Fund, specifying an
16 amount equal to 1.47 percent of the net collections, and that
17 amount shall be paid to the Board of Directors of the H. Lee
18 Moffitt Cancer Center and Research Institute, established
19 under s. 1004.43, by warrant drawn by the Chief Financial
20 Officer. These funds are appropriated monthly out of the
21 Cigarette Tax Collection Trust Fund, to be used for the
22 purpose of constructing, furnishing, and equipping a cancer
23 research facility at the University of South Florida adjacent
24 to the H. Lee Moffitt Cancer Center and Research Institute. In
25 fiscal years 2004-2005 and thereafter, the appropriation to
26 the H. Lee Moffitt Cancer Center and Research Institute
27 authorized by this subparagraph shall not be less than the
28 amount that would have been paid to the H. Lee Moffitt Cancer
29 Center and Research Institute in fiscal year 2001-2002, had
30 this subparagraph been in effect.
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2130
18-1178-05 See HB 1109
1 3. Beginning July 1, 2005, the division shall, in
2 addition to the distributions authorized in subparagraphs 1.
3 and 2., from month to month certify to the Chief Financial
4 Officer the amount derived from the cigarette tax imposed by
5 s. 210.02, less the service charges provided for in s. 215.20
6 and less 0.9 percent of the amount derived from the cigarette
7 tax imposed by s. 210.02, which shall be deposited into the
8 Alcoholic Beverage and Tobacco Trust Fund, specifying an
9 amount equal to 2.10 percent of the net collections, and that
10 amount shall be paid to the Board of Directors of the H. Lee
11 Moffitt Cancer Center and Research Institute, established
12 under s. 1004.43, by warrant drawn by the Chief Financial
13 Officer. These funds are appropriated monthly out of the
14 Cigarette Tax Collection Trust Fund, to be used for the
15 research and treatment mission of the H. Lee Moffitt Cancer
16 Center and Research Institute and to develop and maintain a
17 technology-based clinical care and research network with the
18 H. Lee Moffitt Cancer Center and Research Institute designated
19 affiliate hospitals and providers. In fiscal year 2005-2006
20 and thereafter, the appropriation to the H. Lee Moffitt Cancer
21 Center and Research Institute authorized by this subparagraph
22 shall not be less than the amount that would have been paid to
23 the H. Lee Moffitt Cancer Center and Research Institute in
24 fiscal year 2003-2004 had this subparagraph been in effect.
25 Section 2. Section 210.201, Florida Statutes, is
26 amended to read:
27 210.201 Cancer research facility at the University of
28 South Florida; establishment; funding.--
29 (1) The Board of Directors of the H. Lee Moffitt
30 Cancer Center and Research Institute shall construct, furnish,
31 and equip, and shall covenant to complete, the cancer research
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Florida Senate - 2005 SB 2130
18-1178-05 See HB 1109
1 facility at the University of South Florida adjacent to the H.
2 Lee Moffitt Cancer Center and Research Institute. Moneys
3 transferred to the Board of Directors of the H. Lee Moffitt
4 Cancer Center and Research Institute pursuant to s.
5 210.20(2)(b)1. and 2. shall be used to secure financing to pay
6 costs related to constructing, furnishing, and equipping the
7 cancer research facility. Such financing may include the
8 issuance of tax exempt bonds by a local authority,
9 municipality, or county pursuant to parts II and III of
10 chapter 159. Such bonds shall not constitute state bonds for
11 purposes of s. 11, Art. VII of the State Constitution, but
12 shall constitute bonds of a "local agency," as defined in s.
13 159.27(4). The cigarette tax dollars pledged to this facility
14 pursuant to s. 210.20 may be replaced annually by the
15 Legislature from tobacco litigation settlement proceeds.
16 (2) The Board of Directors of the H. Lee Moffitt
17 Cancer Center and Research Institute shall pursue the
18 development of a technology-based clinical care and research
19 network. Any amount of such moneys transferred to the Board of
20 Directors of the H. Lee Moffitt Cancer Center and Research
21 Institute pursuant to s. 210.20(2)(b)3. may be used to secure
22 financing to pay costs related to the development and
23 maintenance of a technology-based clinical care and research
24 network. Such financing may include the issuance of tax exempt
25 bonds by a local authority, municipality, or county pursuant
26 to parts II and III of chapter 159. Such bonds shall not
27 constitute state bonds for purposes of s. 11, Art. VII of the
28 State Constitution, but shall constitute bonds of a local
29 agency, as defined in s. 159.27(4). The cigarette tax dollars
30 pledged to this program pursuant to s. 210.20 may be replaced
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Florida Senate - 2005 SB 2130
18-1178-05 See HB 1109
1 annually by the Legislature from tobacco litigation settlement
2 proceeds.
3 Section 3. This act shall take effect July 1, 2005.
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