Senate Bill sb1988
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Florida Senate - 2006 SB 1988
By Senator Bennett
21-1458-06
1 A bill to be entitled
2 An act relating to the transportation and sale
3 of cigarettes; amending s. 210.01, F.S.;
4 defining the term "brand family"; creating s.
5 210.0205, F.S.; providing definitions; imposing
6 a fee on certain cigarettes; providing payment
7 requirements; requiring reporting of the number
8 and denominations of stamps affixed to
9 individual packages of certain cigarettes by
10 manufacturer and brand family; authorizing
11 rulemaking regarding such reports; requiring
12 registration with the Division of Alcoholic
13 Beverages and Tobacco of the Department of
14 Business and Professional Regulation of
15 nonsettling manufacturers of cigarettes;
16 requiring development, maintenance, and
17 publication by the division of a list of
18 nonsettling manufacturers of cigarettes which
19 have certified their compliance with the act;
20 treating cigarettes of certain manufacturers
21 that have not paid the fee imposed by this act
22 or that have not complied with reporting
23 requirements as cigarettes for which the tax
24 imposed by s. 210.02, F.S., has not been paid;
25 prohibiting the stamping of certain cigarettes
26 for which the fee imposed by the act has not
27 been paid in full or the nonsettling
28 manufacturer of which has not complied with
29 reporting requirements; delaying application of
30 the fee to a subsequent participating
31 manufacturer under certain circumstances;
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1 amending s. 210.18, F.S.; expanding the group
2 of violators subject to criminal liability;
3 prohibiting the sale or possession for sale of
4 counterfeit cigarettes; providing penalties;
5 reenacting ss. 772.102(1)(a) and 895.02(1)(a),
6 F.S., relating to crimes constituting a
7 "criminal activity" and definitions as used in
8 the Florida RICO Act, to incorporate the
9 amendment to s. 210.18, F.S., in references
10 thereto; providing an appropriation and
11 authorizing positions; providing an
12 appropriation to the Department of Health;
13 providing purposes; amending s. 17.41, F.S.;
14 providing an additional source of revenue to
15 the Tobacco Settlement Trust Fund; authorizing
16 the Attorney General to demand from the
17 administrator of the Master Settlement
18 Agreement that the payments currently being
19 made to the 46 Master Settlement Agreement
20 states by tobacco companies be paid annually by
21 the administrator to this state or that the
22 affected companies pay this state directly and
23 receive a credit for the payments; providing
24 that the arrangement not violate any
25 contractual agreements that have been made with
26 this state and the affected companies;
27 requiring that a report on the status of these
28 activities be presented by the Attorney General
29 to the President of the Senate and the Speaker
30 of the House of Representatives by a specified
31 date; providing an effective date.
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1
2 WHEREAS, it is the intent of the Legislature to prevent
3 nonsettling manufacturers from undermining the state's policy
4 of reducing underage smoking by offering their cigarettes for
5 sale substantially below the price of cigarettes of other
6 manufacturers; to protect the tobacco settlement agreement and
7 funding, which is reduced as a result of the growth of
8 nonsettling-manufacturer cigarette sales, for programs funded
9 in whole or in part by payments to the state under the tobacco
10 settlement agreement and to recoup for the state
11 settlement-payment revenue lost to the state as a result of
12 nonsettling-manufacturer cigarette sales; to fund enforcement
13 and administration of nonsettling-manufacturer legislation and
14 the fee imposed in this act, including reasonable
15 administrative costs incurred by wholesale dealers complying
16 with any additional reporting requirements necessitated by
17 this act; to collect payments that are currently being made to
18 the 46 Master Settlement Agreement states by tobacco
19 companies, which payments are calculated upon the sale of the
20 companies' cigarettes in this state; and to fund such other
21 purposes as the Legislature determines, NOW, THEREFORE,
22
23 Be It Enacted by the Legislature of the State of Florida:
24
25 Section 1. Subsection (23) is added to section 210.01,
26 Florida Statutes, to read:
27 210.01 Definitions.--When used in this part the
28 following words shall have the meaning herein indicated:
29 (23) "Brand family" means all styles of cigarettes
30 sold under the same trademark and differentiated from one
31 another by means of additional modifiers or descriptors,
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1 including, but not limited to, "menthol," "lights," "kings,"
2 and "100s," and includes any brand name used alone or in
3 conjunction with any other word, trademark, logo, symbol,
4 motto, selling message, recognizable pattern of colors, or any
5 other indicia of product identification identical or similar
6 to, or identifiable with, a previously known brand of
7 cigarettes.
8 Section 2. Section 210.0205, Florida Statutes, is
9 created to read:
10 210.0205 Nonsettling-manufacturer fee.--
11 (1) As used in this section, the term:
12 (a) "Consumer Price Index" means the Consumer Price
13 Index for All Urban Consumers as published by the Bureau of
14 Labor Statistics of the United States Department of Labor.
15 (b) "Manufacturer" means a person or entity holding a
16 valid permit under 26 U.S.C. s. 5712 that manufactures,
17 fabricates, or assembles cigarettes. The term includes an
18 entity that is the first importer into the United States of
19 cigarettes manufactured abroad.
20 (c) "Nonsettling manufacturer" means any tobacco
21 product manufacturer that has not entered into the tobacco
22 settlement agreement defined in s. 215.56005(1)(f), or the
23 Attorneys General Settlement Agreement dated March 15, 1996,
24 in the State of Florida, et al. v. American Tobacco Company,
25 et al., Fifteenth Judicial Circuit, Case No. 95-1466.
26 (d) "Nonsettling-manufacturer cigarettes" means
27 cigarettes manufactured by a nonsettling manufacturer, except
28 when payments on such cigarettes are due to be made by a
29 settling manufacturer pursuant to a tobacco settlement
30 agreement described in paragraph (c).
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1 (2) A fee, in addition to all other taxes or fees of
2 every kind imposed by law, is imposed upon the sale, receipt,
3 purchase, possession, consumption, handling, distribution, and
4 use in this state of nonsettling-manufactuer cigarettes to the
5 package of which an agent affixes a stamp or stamp insignia as
6 required by law or which are sold or purchased in the state
7 but are not required to bear a stamp or stamp insignia of this
8 state. The fee is in the amount of 20 mills per cigarette in
9 fiscal year 2006-2007. Beginning January 1, 2008, and on
10 January 1 of each year thereafter, the division shall adjust
11 the tax rate by the greater of 3 percent or the percentage
12 change in the average of the Consumer Price Index issued by
13 the United States Department of Labor for the most recent
14 12-month period ending September 30 compared to the 12-month
15 period ending September 30 of the prior year.
16 (3) The division shall collect the fee once each month
17 from each nonsettling manufacturer based on information
18 received pursuant to subsection (6). The division shall mail
19 to each nonsettling manufacturer not later than the 15th day
20 of each month a notice of the fee due from that manufacturer
21 for sales of its cigarettes made in the preceding month. Each
22 such nonsettling manufacturer shall ensure that the division
23 has received payment of the fee in full no later than the last
24 day of the month in which the notice was mailed. Except as
25 otherwise provided in this section, proceeds from the fee
26 shall be deposited into the Tobacco Settlement Clearing Trust
27 Fund and the fee shall be imposed, collected, paid,
28 administered, and enforced in the same manner as the tax on
29 cigarettes imposed by s. 210.02.
30 (4) A nonsettling manufacturer selling cigarettes in
31 this state on July 1, 2006, shall provide to the division the
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1 information described in subsections (7) and (8) and pay the
2 fee imposed by subsection (2), by August 1, 2006. If a
3 nonsettling manufacturer is not selling cigarettes in this
4 state on July 1, 2006, before commencing sales of cigarettes
5 in this state, the nonsettling manufacturer shall prepay the
6 fee imposed by subsection (2). The prepayment amount shall be
7 a sum determined by multiplying by 20 mills in fiscal year
8 2006-2007 the number of cigarettes the division reasonably
9 projects that the nonsettling manufacturer will sell in this
10 state in the first calendar month or $50,000, whichever is
11 more. The division may require a nonsettling manufacturer to
12 provide any information reasonably necessary to determine the
13 amount of the prepayment fee and, in the case of prepayment,
14 shall establish procedures for providing reimbursement to
15 nonsettling manufacturers if actual sales are less than sales
16 projected by the division and for additional payment by
17 nonsettling manufacturers if actual sales are greater than
18 sales projected by the division. As used in this subsection,
19 the term "cigarettes" refers only to nonsettling-manufacturer
20 cigarettes.
21 (5) The purposes of the fee are to:
22 (a) Prevent nonsettling manufacturers from undermining
23 the state's policy of reducing underage smoking by offering
24 cigarettes for sale substantially below the price of
25 cigarettes of other manufacturers.
26 (b)1. Protect the tobacco settlement agreement, as
27 defined in s. 215.56005(1)(f), and funding, which is reduced
28 as a result of the growth of nonsettling-manufacturer
29 cigarette sales, for programs funded in whole or in part by
30 payments to the state under the tobacco settlement agreement;
31 and
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1 2. Recoup for the state settlement-payment revenue
2 lost to the state as a result of nonsettling-manufacturer
3 cigarette sales.
4 (c) Fund enforcement and administration of
5 nonsettling-manufacturer legislation and the fee imposed by
6 this section, including reasonable administrative costs
7 incurred by wholesale dealers complying with any additional
8 reporting requirements necessitated by this section.
9 (d) Fund such other purposes as the Legislature
10 determines; however, $16 million of the proceeds received
11 under this section shall be provided annually through
12 quarterly disbursements to the Department of Health, for the
13 purposes of implementing a statewide anti-smoking marketing,
14 educational, and advertising campaign to reduce youth tobacco
15 use. The Department of Health shall conduct surveillance and
16 evaluations to measure program performance and improve
17 implementation strategies. The Department of Health may
18 contract for any of the activities specified in this section.
19 (6) Monthly reports shall be made to the division
20 pursuant to s. 210.09(2) by each agent and wholesaler. Such
21 reports must state the number and denominations of stamps or
22 stamp insignia affixed to individual packages of
23 nonsettling-manufacturer cigarettes and the number of
24 individual packages of nonsettling-manufacturer cigarettes
25 otherwise sold or purchased in this state or otherwise handled
26 or distributed in this state for sale in another state,
27 commonwealth, or territory of the United States, by
28 manufacturer and brand family, sold for each place of business
29 in the month preceding the month in which the report is made.
30 The division may adopt rules requiring any agent, wholesaler,
31 wholesale dealer, or nonsettling manufacturer to provide in
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1 the monthly report any information necessary or appropriate to
2 determing the fee due under subsection (2) or to enforcing
3 this section.
4 (7) Before commencing sales of cigarettes in this
5 state or, if selling cigarettes in this state on July 1, 2006,
6 by August 1, 2006, a nonsettling manufacturer shall provide to
7 the division, on a form prescribed by the division:
8 (a) The complete name, address, and telephone number
9 of the nonsettling manufacturer.
10 (b) The date the nonsettling manufacturer began or
11 intends to begin selling cigarettes in this state.
12 (c) The names of the brand families of the cigarettes
13 the nonsettling manufacturer is selling or will sell in this
14 state.
15 (d) A statement of the nonsettling manufacturer's
16 intention to comply with the obligations imposed by this
17 section.
18 (e) The name, address, telephone number, and signature
19 of an officer of the nonsettling manufacturer attesting to all
20 of the information described in this subsection.
21 (8) Each nonsettling manufacturer subject to the fee
22 imposed by subsection (2) shall certify to the division on the
23 first day of each month that the manufacturer is in compliance
24 with this section and has paid in full the fee imposed by
25 subsection (2). The division shall develop, maintain, and
26 publish on its Internet website a directory listing all
27 nonsettling manufacturers that have provided current,
28 accurate, and complete certifications. The division shall
29 provide a copy of the list to any person upon request.
30 (9) Cigarettes of a nonsettling manufacturer that has
31 not paid a fee imposed by subsection (2), or that has not
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1 complied with the reporting requirements of subsections (4),
2 (6), (7), and (8), shall be treated as cigarettes for which
3 the tax imposed by s. 210.02 has not been paid. A person may
4 not affix to any package of nonsetttling-manufacturer
5 cigarettes the stamp required under s. 210.06, or otherwise
6 purchase or sell such cigarettes, after such person receives
7 notice from the division that the nonsettling manufacturer of
8 such cigarettes has not paid in full the fee imposed by
9 subsection (2) or if the nonsettling manufacturer is not
10 listed on the division's directory described in subsection
11 (8).
12 (10) The fee imposed by this section does not apply to
13 a subsequent participating manufacturer, as defined in the
14 master settlement agreement, until the effective date of a
15 credit amendment to the master settlement agreement. For
16 purposes of this subsection and s. 210.05(6)(c), the term
17 "master settlement agreement" means the settlement agreement
18 and related documents entered into in 1998 by 46 states and
19 leading United States tobacco manufacturers. An amendment to
20 the master settlement agreement shall be considered a credit
21 amendment if it makes available to each subsequent
22 participating manufacturer, other than any subsequent
23 participating manufacturer that has an agreement as of July 1,
24 2006, as described in the final sentence of this subsection,
25 each year a credit against its payment obligations under the
26 master settlement agreement which is equal to or greater than
27 the product of the total number of individual cigarettes sold
28 by a subsequent participating manufacturer in this state
29 during the year in question multiplied by at least 73.2
30 percent of the per-cigarette fee provided for in this section,
31 and does not condition that credit on such subsequent
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1 participating manufacturer forfeiting in whole or in part any
2 other benefits or credits provided for in the master
3 settlement agreement. This subsection does not apply to any
4 subsequent participating manufacturer that, as of July 1,
5 2006, already had an agreement with the settling states, as
6 defined in the master settlement agreement, pursuant to which
7 agreement the subsequent participating manufacturer has agreed
8 to a different credit against its payment obligations under
9 the master settlement agreement based on its cigarette sales
10 in this state.
11 Section 3. Subsections (6) and (9) of section 210.18,
12 Florida Statutes, are amended to read:
13 210.18 Penalties for tax evasion; reports by
14 sheriffs.--
15 (6)(a) Every person, firm, or corporation, other than
16 a licensee under the provisions of this part, who possesses,
17 removes, deposits, or conceals, or aids in the possessing,
18 removing, depositing, or concealing of, any unstamped
19 cigarettes not in excess of 50 cartons is guilty of a
20 misdemeanor of the second degree, punishable as provided in s.
21 775.082 or s. 775.083. In lieu of the penalties provided in
22 those sections, however, the person, firm, or corporation may
23 pay the tax plus a penalty equal to the amount of the tax
24 authorized under s. 210.02 on the unstamped cigarettes.
25 (a)(b) Every person, firm, or corporation, other than
26 a licensee under the provisions of this part, who possesses,
27 removes, deposits, or conceals, or aids in the possessing,
28 removing, depositing, or concealing of, any unstamped
29 cigarettes in excess of 50 cartons is presumed to have
30 knowledge that they have not been taxed and commits is guilty
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1 of a felony of the third degree, punishable as provided in s.
2 775.082, s. 775.083, or s. 775.084.
3 (b)(c) This section does not apply to a person
4 possessing not in excess of three cartons of such cigarettes
5 purchased by such possessor outside the state in accordance
6 with the laws of the place where purchased and brought into
7 this state by such possessor. The burden of proof that such
8 cigarettes were purchased outside the state and in accordance
9 with the laws of the place where purchased shall in all cases
10 be upon the possessor of such cigarettes.
11 (9) Notwithstanding any other provision of law, the
12 sale or possession for sale of counterfeit cigarettes by any
13 person or by a manufacturer, importer, distributing agent,
14 wholesale dealer, or retail dealer shall result in the seizure
15 of the product and related machinery by the division or any
16 law enforcement agency and shall be punishable as follows:.
17 (a)1. A first violation with a total quantity of less
18 than two cartons of cigarettes or the equivalent amount of
19 other cigarettes shall be punishable by a fine not to exceed
20 $1,000 or five times the retail value of the cigarettes
21 involved, whichever is greater, or imprisonment not to exceed
22 5 years, or both.
23 2. A subsequent violation with a total quantity of
24 less than two cartons of cigarettes or the equivalent amount
25 of other cigarettes shall be punishable by a fine not to
26 exceed $5,000 or five times the retail value of the cigarettes
27 involved, whichever is greater, or imprisonment not to exceed
28 5 years, or both, and shall also result in the revocation by
29 the division of the permit of the manufacturer, importer,
30 distributing agent, wholesale dealer, or retail dealer.
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1 (b)1. A first violation with a total quantity of two
2 or more cartons of cigarettes or the equivalent amount of
3 other cigarettes shall be punishable by a fine not to exceed
4 $2,000 or five times the retail value of the cigarettes
5 involved, whichever is greater, or imprisonment not to exceed
6 5 years, or both.
7 2. A subsequent violation with a quantity of two
8 cartons of cigarettes or more or the equivalent amount of
9 other cigarettes shall be punishable by a fine not to exceed
10 $50,000 or five times the retail value of the cigarettes
11 involved, whichever is greater, or imprisonment not to exceed
12 5 years, or both, and shall also result in the revocation by
13 the division of the permit of the manufacturer, importer,
14 distributing agent, wholesale dealer, or retail dealer.
15
16 For purposes of this subsection, any counterfeit cigarettes
17 seized by the division shall be destroyed.
18 Section 4. For the purpose of incorporating the
19 amendment made by this act to section 210.18, Florida
20 Statutes, in a reference thereto, paragraph (a) of subsection
21 (1) of section 772.102, Florida Statutes, is reenacted to
22 read:
23 772.102 Definitions.--As used in this chapter, the
24 term:
25 (1) "Criminal activity" means to commit, to attempt to
26 commit, to conspire to commit, or to solicit, coerce, or
27 intimidate another person to commit:
28 (a) Any crime which is chargeable by indictment or
29 information under the following provisions:
30 1. Section 210.18, relating to evasion of payment of
31 cigarette taxes.
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1 2. Section 414.39, relating to public assistance
2 fraud.
3 3. Section 440.105 or s. 440.106, relating to workers'
4 compensation.
5 4. Part IV of chapter 501, relating to telemarketing.
6 5. Chapter 517, relating to securities transactions.
7 6. Section 550.235, s. 550.3551, or s. 550.3605,
8 relating to dogracing and horseracing.
9 7. Chapter 550, relating to jai alai frontons.
10 8. Chapter 552, relating to the manufacture,
11 distribution, and use of explosives.
12 9. Chapter 562, relating to beverage law enforcement.
13 10. Section 624.401, relating to transacting insurance
14 without a certificate of authority, s. 624.437(4)(c)1.,
15 relating to operating an unauthorized multiple-employer
16 welfare arrangement, or s. 626.902(1)(b), relating to
17 representing or aiding an unauthorized insurer.
18 11. Chapter 687, relating to interest and usurious
19 practices.
20 12. Section 721.08, s. 721.09, or s. 721.13, relating
21 to real estate timeshare plans.
22 13. Chapter 782, relating to homicide.
23 14. Chapter 784, relating to assault and battery.
24 15. Chapter 787, relating to kidnapping.
25 16. Chapter 790, relating to weapons and firearms.
26 17. Section 796.03, s. 796.04, s. 796.05, or s.
27 796.07, relating to prostitution.
28 18. Chapter 806, relating to arson.
29 19. Section 810.02(2)(c), relating to specified
30 burglary of a dwelling or structure.
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1 20. Chapter 812, relating to theft, robbery, and
2 related crimes.
3 21. Chapter 815, relating to computer-related crimes.
4 22. Chapter 817, relating to fraudulent practices,
5 false pretenses, fraud generally, and credit card crimes.
6 23. Section 827.071, relating to commercial sexual
7 exploitation of children.
8 24. Chapter 831, relating to forgery and
9 counterfeiting.
10 25. Chapter 832, relating to issuance of worthless
11 checks and drafts.
12 26. Section 836.05, relating to extortion.
13 27. Chapter 837, relating to perjury.
14 28. Chapter 838, relating to bribery and misuse of
15 public office.
16 29. Chapter 843, relating to obstruction of justice.
17 30. Section 847.011, s. 847.012, s. 847.013, s.
18 847.06, or s. 847.07, relating to obscene literature and
19 profanity.
20 31. Section 849.09, s. 849.14, s. 849.15, s. 849.23,
21 or s. 849.25, relating to gambling.
22 32. Chapter 893, relating to drug abuse prevention and
23 control.
24 33. Section 914.22 or s. 914.23, relating to
25 witnesses, victims, or informants.
26 34. Section 918.12 or s. 918.13, relating to tampering
27 with jurors and evidence.
28 Section 5. For the purpose of incorporating the
29 amendment made by this act to section 210.18, Florida
30 Statutes, in a reference thereto, paragraph (a) of subsection
31 (1) of section 895.02, Florida Statutes, is reenacted to read:
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1 895.02 Definitions.--As used in ss. 895.01-895.08, the
2 term:
3 (1) "Racketeering activity" means to commit, to
4 attempt to commit, to conspire to commit, or to solicit,
5 coerce, or intimidate another person to commit:
6 (a) Any crime which is chargeable by indictment or
7 information under the following provisions of the Florida
8 Statutes:
9 1. Section 210.18, relating to evasion of payment of
10 cigarette taxes.
11 2. Section 403.727(3)(b), relating to environmental
12 control.
13 3. Section 409.920 or s. 409.9201, relating to
14 Medicaid fraud.
15 4. Section 414.39, relating to public assistance
16 fraud.
17 5. Section 440.105 or s. 440.106, relating to workers'
18 compensation.
19 6. Section 443.071(4), relating to creation of a
20 fictitious employer scheme to commit unemployment compensation
21 fraud.
22 7. Section 465.0161, relating to distribution of
23 medicinal drugs without a permit as an Internet pharmacy.
24 8. Sections 499.0051, 499.0052, 499.00535, 499.00545,
25 and 499.0691, relating to crimes involving contraband and
26 adulterated drugs.
27 9. Part IV of chapter 501, relating to telemarketing.
28 10. Chapter 517, relating to sale of securities and
29 investor protection.
30 11. Section 550.235, s. 550.3551, or s. 550.3605,
31 relating to dogracing and horseracing.
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1 12. Chapter 550, relating to jai alai frontons.
2 13. Section 551.109, relating to slot machine gaming.
3 14. Chapter 552, relating to the manufacture,
4 distribution, and use of explosives.
5 15. Chapter 560, relating to money transmitters, if
6 the violation is punishable as a felony.
7 16. Chapter 562, relating to beverage law enforcement.
8 17. Section 624.401, relating to transacting insurance
9 without a certificate of authority, s. 624.437(4)(c)1.,
10 relating to operating an unauthorized multiple-employer
11 welfare arrangement, or s. 626.902(1)(b), relating to
12 representing or aiding an unauthorized insurer.
13 18. Section 655.50, relating to reports of currency
14 transactions, when such violation is punishable as a felony.
15 19. Chapter 687, relating to interest and usurious
16 practices.
17 20. Section 721.08, s. 721.09, or s. 721.13, relating
18 to real estate timeshare plans.
19 21. Chapter 782, relating to homicide.
20 22. Chapter 784, relating to assault and battery.
21 23. Chapter 787, relating to kidnapping.
22 24. Chapter 790, relating to weapons and firearms.
23 25. Section 796.03, s. 796.035, s. 796.04, s. 796.045,
24 s. 796.05, or s. 796.07, relating to prostitution and sex
25 trafficking.
26 26. Chapter 806, relating to arson.
27 27. Section 810.02(2)(c), relating to specified
28 burglary of a dwelling or structure.
29 28. Chapter 812, relating to theft, robbery, and
30 related crimes.
31 29. Chapter 815, relating to computer-related crimes.
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1 30. Chapter 817, relating to fraudulent practices,
2 false pretenses, fraud generally, and credit card crimes.
3 31. Chapter 825, relating to abuse, neglect, or
4 exploitation of an elderly person or disabled adult.
5 32. Section 827.071, relating to commercial sexual
6 exploitation of children.
7 33. Chapter 831, relating to forgery and
8 counterfeiting.
9 34. Chapter 832, relating to issuance of worthless
10 checks and drafts.
11 35. Section 836.05, relating to extortion.
12 36. Chapter 837, relating to perjury.
13 37. Chapter 838, relating to bribery and misuse of
14 public office.
15 38. Chapter 843, relating to obstruction of justice.
16 39. Section 847.011, s. 847.012, s. 847.013, s.
17 847.06, or s. 847.07, relating to obscene literature and
18 profanity.
19 40. Section 849.09, s. 849.14, s. 849.15, s. 849.23,
20 or s. 849.25, relating to gambling.
21 41. Chapter 874, relating to criminal street gangs.
22 42. Chapter 893, relating to drug abuse prevention and
23 control.
24 43. Chapter 896, relating to offenses related to
25 financial transactions.
26 44. Sections 914.22 and 914.23, relating to tampering
27 with a witness, victim, or informant, and retaliation against
28 a witness, victim, or informant.
29 45. Sections 918.12 and 918.13, relating to tampering
30 with jurors and evidence.
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1 (b) Any conduct defined as "racketeering activity"
2 under 18 U.S.C. s. 1961(1).
3 Section 6. For the 2006-2007 fiscal year, the sum of
4 $480,028 is appropriated from the Alcoholic Beverage and
5 Tobacco Trust Fund and four full-time equivalent positions are
6 authorized to be established by the Department of Business and
7 Professional Regulation for the purpose of conducting
8 regulatory activities related to the transportation and sale
9 of cigarettes.
10 Section 7. From the funds generated by this act, the
11 sum of $2 million is appropriated to the Department of Health
12 to address health care disparities in the minority community.
13 Section 8. Subsection (2) of section 17.41, Florida
14 Statutes, is amended to read:
15 17.41 Department of Financial Services Tobacco
16 Settlement Clearing Trust Fund.--
17 (2) Funds to be credited to the Tobacco Settlement
18 Clearing Trust Fund shall consist of payments received by the
19 state from settlement of State of Florida v. American Tobacco
20 Co., No. 95-1466AH (Fla. 15th Cir. Ct. 1996) and fees from the
21 nonsettling-manufacturer fee collected pursuant to s.
22 210.0205. Moneys received from the settlement and fees that
23 are deposited into the trust fund are exempt from the service
24 charges imposed under s. 215.20.
25 Section 9. The Attorney General may demand from the
26 administrator of the Master Settlement Agreement that the
27 payments currently being made to the 46 Master Settlement
28 Agreement states by tobacco companies which are based, in
29 part, upon the sale of cigarettes in this state be paid
30 annually by the administrator of the Master Settlement
31 Agreement to this state or that the affected companies pay
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Florida Senate - 2006 SB 1988
21-1458-06
1 this state directly and receive a credit for the payments from
2 the administrator. The Attorney General may negotiate with the
3 administrator of the Master Settlement Agreement so as not to
4 violate any contractual agreements that have been made with
5 this state and the affected companies. A report concerning the
6 status of these activities shall be presented by the Attorney
7 General to the President of the Senate and the Speaker of the
8 House of Representatives by January 1, 2007.
9 Section 10. This act shall take effect July 1, 2006.
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12 SENATE SUMMARY
13 Imposes fees on the sale, handling, etc. in this state of
cigarettes of manufacturers not party to a described
14 tobacco settlement agreement and provides procedures for
implementing the collection of fees and for conducting
15 related procedural activities. (See bill for details.)
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