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:

22  

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:

31  

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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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    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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    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

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 3         Section 3.  This act shall take effect July 1, 2005.

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