HB 1555

1	A bill to be entitled
2	An act relating to cigarette taxes; amending s. 210.01,
3	F.S.; providing a definition; amending s. 210.02, F.S.;
4	increasing rates of taxation on cigarettes; amending s.
5	210.20, F.S.; revising provisions for distributing
6	cigarette tax revenues; deleting obsolete provisions;
7	providing additional distribution requirements; creating
8	s. 210.202, F.S.; specifying cigarette tax expenditure
9	requirements for the Florida Cancer Council; authorizing
10	the council to secure bonding and other financing for
11	certain capital construction projects; amending s.
12	381.921, F.S.; authorizing the council to award grants for
13	certain purposes; giving grant preferences to
14	collaborative proposals between certain entities;
15	providing an effective date.
16
17	Be It Enacted by the Legislature of the State of Florida:
18
19	Section 1.  Subsection (23) is added to section 210.01,
20	Florida Statutes, to read:
21	210.01  Definitions.--When used in this part the following
22	words shall have the meaning herein indicated:
23	(23)  "Council" means the Florida Cancer Council
24	established in s. 381.92.
25	Section 2.  Subsections (1), (2), (3), (4), and (5) of
26	section 210.02, Florida Statutes, are amended to read:
27	210.02  Cigarette tax imposed; collection.--
28	(1)  An excise or privilege tax, in addition to all other
29	taxes of every kind imposed by law, is imposed upon the sale,
30	receipt, purchase, possession, consumption, handling,
31	distribution, and use of cigarettes in this state, in the
32	following amounts, except as hereinafter otherwise provided, for
33	cigarettes of standard dimensions:
34	(a)  Upon all cigarettes weighing not more than 3 pounds
35	per thousand, 50 16.95 mills on each cigarette.
36	(b)  Upon all cigarettes weighing more than 3 pounds per
37	thousand and not more than 6 inches long, 133.9 33.9 mills on
38	each cigarette.
39	(c)  Upon all cigarettes weighing more than 3 pounds per
40	thousand and more than 6 inches long, 267.8 67.8 mills on each
41	cigarette.
42	(2)  The description of cigarettes contained in paragraphs
43	(a), (b), and (c) of subsection (1) are hereby declared to be
44	standard as to dimensions for taxing purposes as provided in
45	this law and should any cigarette be received, purchased,
46	possessed, sold, offered for sale, given away, or used of a size
47	other than of standard dimensions, the same shall be taxed at
48	the rate of 4.16 1.41 cents on each such cigarette.
49	(3)  When cigarettes as described in paragraph (1)(a) are
50	packed in varying quantities of 20 cigarettes or less, except
51	manufacturer's free samples authorized under s. 210.04(9), the
52	following rate shall govern:
53	(a)  Packages containing 10 cigarettes or less require a
54	50-cent 16.95-cent tax.
55	(b)  Packages containing more than 10 but not more than 20
56	cigarettes require a 133.9-cent 33.9-cent tax.
57	(4)  When cigarettes as described in paragraph (1)(b) are
58	packed in varying quantities of 20 cigarettes or less, except
59	manufacturer's free samples authorized under s. 210.04(9), the
60	following rates shall govern:
61	(a)  Packages containing 10 cigarettes or less require a
62	133.9-cent 33.9-cent tax.
63	(b)  Packages containing more than 10 but not more than 20
64	cigarettes require a 267.8-cent 67.8-cent tax.
65	(5)  When cigarettes as described in paragraph (1)(c) are
66	packed in varying quantities of 20 cigarettes or less, except
67	manufacturer's free samples authorized under s. 210.04(9), the
68	following rates shall govern:
69	(a)  Packages containing 10 cigarettes or less require a
70	267.8-cent 67.8-cent tax.
71	(b)  Packages containing more than 10 but not more than 20
72	cigarettes require a 400-cent 135.6-cent tax.
73	Section 3.  Subsection (2) of section 210.20, Florida
74	Statutes, is amended to read:
75	210.20  Employees and assistants; distribution of funds.--
76	(2)  As collections are received by the division from such
77	cigarette taxes, it shall pay the same into a trust fund in the
78	State Treasury designated "Cigarette Tax Collection Trust Fund"
79	which shall be paid and distributed as follows:
80	(a)  The division shall from month to month certify to the
81	Chief Financial Officer the amount derived from the cigarette
82	tax imposed by s. 210.02, less the service charges provided for
83	in s. 215.20 and less 0.9 percent of the amount derived from the
84	cigarette tax imposed by s. 210.02, which shall be deposited
85	into the Alcoholic Beverage and Tobacco Trust Fund, specifying
86	the amounts to be transferred from the Cigarette Tax Collection
87	Trust Fund and credited on the basis of 1.8405 2.9 percent of
88	the net collections to the Revenue Sharing Trust Fund for
89	Counties, 17.1779 and 29.3 percent of the net collections for
90	the funding of indigent health care to the Public Medical
91	Assistance Trust Fund, 7.6687 percent of the net collections for
92	the funding of a system of trauma centers as prescribed in s.
93	395.4025, 7.6687 percent of the net revenue collections for the
94	funding of a state children's health insurance program as
95	determined by the Legislature, and 40 percent of the net
96	collections for Medicaid obligations as determined by the
97	Legislature.
98	(b)1.  Beginning July 1, 2007 January 1, 1999, and
99	continuing through June 30, 2016 for 10 years thereafter, the
100	division shall from month to month certify to the Chief
101	Financial Officer the amount derived from the cigarette tax
102	imposed by s. 210.02, less the service charges provided for in
103	s. 215.20 and less 0.9 percent of the amount derived from the
104	cigarette tax imposed by s. 210.02, which shall be deposited
105	into the Alcoholic Beverage and Tobacco Trust Fund, specifying
106	an amount equal to 1.5157 2.59 percent of the net collections,
107	and that amount shall be paid to the Board of Directors of the
108	H. Lee Moffitt Cancer Center and Research Institute, established
109	under s. 1004.43, by warrant drawn by the Chief Financial
110	Officer upon the State Treasury. These funds, which are separate
111	and distinct from the funds earmarked for the council in
112	paragraph (c), are hereby appropriated monthly out of the
113	Cigarette Tax Collection Trust Fund, to be used for the purpose
114	of constructing, furnishing, and equipping a cancer research
115	facility at the University of South Florida adjacent to the H.
116	Lee Moffitt Cancer Center and Research Institute. In fiscal
117	years 1999-2000 and thereafter with the exception of fiscal year
118	2008-2009, the appropriation to the H. Lee Moffitt Cancer Center
119	and Research Institute authorized by this subparagraph shall not
120	be less than the amount that would have been paid to the H. Lee
121	Moffitt Cancer Center and Research Institute for fiscal year
122	1998-1999 had payments been made for the entire fiscal year
123	rather than for a 6-month period thereof.
124	2.  Beginning July 1, 2002, and continuing through June 30,
125	2004, the division shall, in addition to the distribution
126	authorized in subparagraph 1., from month to month certify to
127	the Chief Financial Officer the amount derived from the
128	cigarette tax imposed by s. 210.02, less the service charges
129	provided for in s. 215.20 and less 0.9 percent of the amount
130	derived from the cigarette tax imposed by s. 210.02, which shall
131	be deposited into the Alcoholic Beverage and Tobacco Trust Fund,
132	specifying an amount equal to 0.2632 percent of the net
133	collections, and that amount shall be paid to the Board of
134	Directors of the H. Lee Moffitt Cancer Center and Research
135	Institute, established under s. 1004.43, by warrant drawn by the
136	Chief Financial Officer. Beginning July 1, 2004, and continuing
137	through June 30, 2016, the division shall, in addition to the
138	distribution authorized in subparagraph 1., from month to month
139	certify to the Chief Financial Officer the amount derived from
140	the cigarette tax imposed by s. 210.02, less the service charges
141	provided for in s. 215.20 and less 0.9 percent of the amount
142	derived from the cigarette tax imposed by s. 210.02, which shall
143	be deposited into the Alcoholic Beverage and Tobacco Trust Fund,
144	specifying an amount equal to 1.47 percent of the net
145	collections, and that amount shall be paid to the Board of
146	Directors of the H. Lee Moffitt Cancer Center and Research
147	Institute, established under s. 1004.43, by warrant drawn by the
148	Chief Financial Officer. These funds are appropriated monthly
149	out of the Cigarette Tax Collection Trust Fund, to be used for
150	the purpose of constructing, furnishing, and equipping a cancer
151	research facility at the University of South Florida adjacent to
152	the H. Lee Moffitt Cancer Center and Research Institute. In
153	fiscal years 2007-2008 2004-2005 and thereafter, the
154	appropriation to the H. Lee Moffitt Cancer Center and Research
155	Institute authorized by this paragraph subparagraph shall not be
156	less than the amount that would have been paid to the H. Lee
157	Moffitt Cancer Center and Research Institute in fiscal year
158	2005-2006 pursuant to 2001-2002, had this paragraph subparagraph
159	been in effect.
160	(c)1.  Beginning July 1, 2007, and continuing for 5 years
161	thereafter, the division shall from month to month certify to
162	the Chief Financial Officer the amount derived from the
163	cigarette tax imposed by s. 210.02, less the service charges
164	provided for in s. 215.20 and less 0.9 percent of the amount
165	derived from the cigarette tax imposed by s. 210.02, which shall
166	be deposited into the Alcoholic Beverage and Tobacco Trust Fund,
167	specifying an amount equal to 0.9671 percent of the net
168	collections, and that amount shall be deposited into the
169	Biomedical Research Trust Fund for the use of the Florida Cancer
170	Council established under s. 381.92, by warrant drawn by the
171	Chief Financial Officer upon the State Treasury. These funds are
172	hereby appropriated monthly out of the Cigarette Tax Collection
173	Trust Fund, to be used for the purposes prescribed in s. 381.921
174	as they relate to the attraction, recruitment, and employment of
175	experts in the field of cancer research, with emphasis given to
176	those researchers that will generate increased federal research
177	dollars directed to Florida institutions. In fiscal years 2007-
178	2008 through 2011-2012, the appropriation to the Florida Cancer
179	Council authorized by this subparagraph shall not be less than
180	the amount that would have been distributed to the Florida
181	Cancer Council in fiscal year 2005-2006 had this subparagraph
182	been in effect.
183	2.  Beginning July 1, 2007, and continuing for 5 years
184	thereafter, the division shall from month to month certify to
185	the Chief Financial Officer the amount derived from the
186	cigarette tax imposed by s. 210.02, less the service charges
187	provided for in s. 215.20 and less 0.9 percent of the amount
188	derived from the cigarette tax imposed by s. 210.02, which shall
189	be deposited into the Alcoholic Beverage and Tobacco Trust Fund,
190	specifying an amount equal to 2.9013 percent of the net
191	collections, and that amount shall be deposited into the
192	Biomedical Research Trust Fund for the use of the Florida Cancer
193	Council established under s. 381.92, by warrant drawn by the
194	Chief Financial Officer upon the State Treasury. These funds are
195	hereby appropriated monthly out of the Cigarette Tax Collection
196	Trust Fund, to be used for the purposes prescribed in s. 381.921
197	as they relate to institutions in this state providing
198	operational support, including appropriate equipment as
199	determined by the council. In fiscal years 2007-2008 through
200	2011-2012, the appropriation to the Florida Cancer Council
201	authorized by this subparagraph shall not be less than the
202	amount that would have been distributed to the Florida Cancer
203	Council in fiscal year 2005-2006 had this subparagraph been in
204	effect.
205	3.  Beginning July 1, 2009, and continuing for 15 years
206	thereafter, the division shall from month to month certify to
207	the Chief Financial Officer the amount derived from the
208	cigarette tax imposed by s. 210.02, less the service charges
209	provided for in s. 215.20 and less 0.9 percent of the amount
210	derived from the cigarette tax imposed by s. 210.02, which shall
211	be deposited into the Alcoholic Beverage and Tobacco Trust Fund,
212	specifying an amount equal to 2.2436 percent of the net
213	collections, and that amount shall be deposited into the
214	Biomedical Research Trust Fund for the use of the Florida Cancer
215	Council established under s. 381.92, by warrant drawn by the
216	Chief Financial Officer upon the State Treasury. These funds are
217	hereby appropriated monthly out of the Cigarette Tax Collection
218	Trust Fund, to be used for capital expenditures as they relate
219	to the purposes prescribed in s. 381.921. In fiscal years 2009-
220	2010 through 2023-2024, the appropriation to the Florida Cancer
221	Council authorized by this subparagraph shall not be less than
222	the amount that would have been distributed to the Florida
223	Cancer Council in fiscal year 2003-2004 had this subparagraph
224	been in effect.
225	Section 4.  Section 210.202, Florida Statutes, is created
226	to read:
227	210.202  Florida Cancer Council; expenditure of cigarette
228	tax proceeds; bonding authority.--
229	(1)  The Florida Cancer Council established in s. 381.92
230	shall use the cigarette tax collections distributed to the
231	council pursuant to s. 210.20(2)(c) for the purposes enumerated
232	in s. 381.921. Any capital construction projects granted by the
233	council pursuant to s. 210.20(2)(c)3. require the approval of
234	the Governor and Cabinet.
235	(2)  The net cigarette tax collections received by the
236	council may be used to secure financing for capital projects at
237	institutions in this state, approved by the council in the peer-
238	reviewed competitive process prescribed in s. 381.921, and
239	authorized by the Governor and Cabinet pursuant to subsection
240	(1). Such financing may include the issuance of tax-exempt bonds
241	by a local authority, municipality, or county pursuant to parts
242	II and III of chapter 159. Such bonds shall not constitute state
243	bonds for purposes of s. 11, Art. VII of the State Constitution,
244	but shall constitute bonds of a local agency as defined in s.
245	159.27(4).
246	Section 5.  Section 381.921, Florida Statutes, is amended
247	to read:
248	381.921  Florida Cancer Council mission and duties.--
249	(1)  The council, which shall work in concert with the
250	Florida Center for Universal Research to Eradicate Disease to
251	ensure that the goals of the center are advanced, shall endeavor
252	to dramatically improve cancer research and treatment in this
253	state through:
254	(a)(1)  Efforts to significantly expand cancer research
255	capacity in the state by:
256	1.(a)  Identifying ways to attract new research talent and
257	attendant national grant-producing researchers to cancer
258	research facilities in this state;
259	2.(b)  Implementing a peer-reviewed, competitive process to
260	identify and fund the best proposals to expand cancer research
261	institutes in this state;
262	3.(c)  Funding through available resources for those
263	proposals that demonstrate the greatest opportunity to attract
264	federal research grants and private financial support;
265	4.(d)  Encouraging the employment of bioinformatics in
266	order to create a cancer informatics infrastructure that
267	enhances information and resource exchange and integration
268	through researchers working in diverse disciplines, to
269	facilitate the full spectrum of cancer investigations;
270	5.(e)  Facilitating the technical coordination, business
271	development, and support of intellectual property as it relates
272	to the advancement of cancer research; and
273	6.(f)  Aiding in other multidisciplinary research-support
274	activities as they inure to the advancement of cancer research.
275	(b)(2)  Efforts to improve both research and treatment
276	through greater participation in clinical trials networks by:
277	1.(a)  Identifying ways to increase adult enrollment in
278	cancer clinical trials;
279	2.(b)  Supporting public and private professional education
280	programs designed to increase the awareness and knowledge about
281	cancer clinical trials;
282	3.(c)  Providing tools to cancer patients and community-
283	based oncologists to aid in the identification of cancer
284	clinical trials available in the state; and
285	4.(d)  Creating opportunities for the state's academic
286	cancer centers to collaborate with community-based oncologists
287	in cancer clinical trials networks.
288	(c)(3)  Efforts to reduce the impact of cancer on disparate
289	groups by:
290	1.(a)  Identifying those cancers that disproportionately
291	impact certain demographic groups; and
292	2.(b)  Building collaborations designed to reduce health
293	disparities as they relate to cancer.
294	(2)  The council may award grants, using a peer-reviewed
295	competitive process, from the funds generated under s.
296	210.20(2)(c) or funds allocated from other sources to execute
297	the purposes set forth in this section. Whenever possible, the
298	council shall give preference to proposals that promote
299	collaborative efforts between institutions and facilities in
300	this state to advance cancer research, as well as the detection
301	and treatment of cancer.
302	Section 6.  This act shall take effect July 1, 2007.

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