Senate Bill sb2360
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Florida Senate - 2007 SB 2360
By Senator Storms
10-1475-07
1 A bill to be entitled
2 An act relating to cigarette taxes; amending s.
3 210.20, F.S.; providing for a portion of the
4 revenues from the cigarette tax to be paid
5 monthly to the Board of Directors of the H. Lee
6 Moffitt Cancer Center and Research Institute,
7 to finance cancer research, treatment, and
8 related facilities; amending s. 210.201, F.S.;
9 providing for the use of the transferred
10 moneys; providing an effective date.
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12 Be It Enacted by the Legislature of the State of Florida:
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14 Section 1. Paragraph (b) of subsection (2) of section
15 210.20, Florida Statutes, is amended to read:
16 210.20 Employees and assistants; distribution of
17 funds.--
18 (2) As collections are received by the division from
19 such cigarette taxes, it shall pay the same into a trust fund
20 in the State Treasury designated "Cigarette Tax Collection
21 Trust Fund" which shall be paid and distributed as follows:
22 (b)1. Beginning January 1, 1999, and continuing for 10
23 years thereafter, the division shall from month to month
24 certify to the Chief Financial Officer the amount derived from
25 the cigarette tax imposed by s. 210.02, less the service
26 charges provided for in s. 215.20 and less 0.9 percent of the
27 amount derived from the cigarette tax imposed by s. 210.02,
28 which shall be deposited into the Alcoholic Beverage and
29 Tobacco Trust Fund, specifying an amount equal to 2.59 percent
30 of the net collections, and that amount shall be paid to the
31 Board of Directors of the H. Lee Moffitt Cancer Center and
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Florida Senate - 2007 SB 2360
10-1475-07
1 Research Institute, established under s. 1004.43, by warrant
2 drawn by the Chief Financial Officer upon the State Treasury.
3 These funds are hereby appropriated monthly out of the
4 Cigarette Tax Collection Trust Fund, to be used for the
5 purpose of constructing, furnishing, and equipping a cancer
6 research facility at the University of South Florida adjacent
7 to the H. Lee Moffitt Cancer Center and Research Institute. In
8 fiscal years 1999-2000 and thereafter with the exception of
9 fiscal year 2008-2009, the appropriation to the H. Lee Moffitt
10 Cancer Center and Research Institute authorized by this
11 subparagraph shall not be less than the amount that would have
12 been paid to the H. Lee Moffitt Cancer Center and Research
13 Institute for fiscal year 1998-1999 had payments been made for
14 the entire fiscal year rather than for a 6-month period
15 thereof.
16 2. Beginning July 1, 2002, and continuing through June
17 30, 2004, the division shall, in addition to the distribution
18 authorized in subparagraph 1., from month to month certify to
19 the Chief Financial Officer the amount derived from the
20 cigarette tax imposed by s. 210.02, less the service charges
21 provided for in s. 215.20 and less 0.9 percent of the amount
22 derived from the cigarette tax imposed by s. 210.02, which
23 shall be deposited into the Alcoholic Beverage and Tobacco
24 Trust Fund, specifying an amount equal to 0.2632 percent of
25 the net collections, and that amount shall be paid to the
26 Board of Directors of the H. Lee Moffitt Cancer Center and
27 Research Institute, established under s. 1004.43, by warrant
28 drawn by the Chief Financial Officer. Beginning July 1, 2004,
29 and continuing through June 30, 2016, the division shall, in
30 addition to the distribution authorized in subparagraph 1.,
31 from month to month certify to the Chief Financial Officer the
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Florida Senate - 2007 SB 2360
10-1475-07
1 amount derived from the cigarette tax imposed by s. 210.02,
2 less the service charges provided for in s. 215.20 and less
3 0.9 percent of the amount derived from the cigarette tax
4 imposed by s. 210.02, which shall be deposited into the
5 Alcoholic Beverage and Tobacco Trust Fund, specifying an
6 amount equal to 1.47 percent of the net collections, and that
7 amount shall be paid to the Board of Directors of the H. Lee
8 Moffitt Cancer Center and Research Institute, established
9 under s. 1004.43, by warrant drawn by the Chief Financial
10 Officer. These funds are appropriated monthly out of the
11 Cigarette Tax Collection Trust Fund, to be used for the
12 purpose of constructing, furnishing, and equipping a cancer
13 research facility at the University of South Florida adjacent
14 to the H. Lee Moffitt Cancer Center and Research Institute. In
15 fiscal years 2004-2005 and thereafter, the appropriation to
16 the H. Lee Moffitt Cancer Center and Research Institute
17 authorized by this subparagraph shall not be less than the
18 amount that would have been paid to the H. Lee Moffitt Cancer
19 Center and Research Institute in fiscal year 2001-2002, had
20 this subparagraph been in effect.
21 3. Beginning on July 1, 2007, and continuing through
22 January 1, 2009, the division shall, in addition to the
23 distribution authorized in subparagraphs 1. and 2., from month
24 to month certify to the Chief Financial Officer the amount
25 derived from the cigarette tax imposed by s. 210.02, less the
26 service charges provided in s. 215.20 and less 0.9 percent of
27 the amount derived from the cigarette tax imposed by s.
28 210.02, which shall be deposited into the Alcoholic Beverage
29 and Tobacco Trust Fund, specifying an amount equal to 0.94
30 percent of the net collections, and that amount shall be paid
31 to the Board of Directors of the H. Lee Moffitt Cancer Center
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Florida Senate - 2007 SB 2360
10-1475-07
1 and Research Institute, established under s. 240.512, by
2 warrant drawn by the Chief Financial Officer. Beginning
3 January 1, 2009, and continuing through June 30, 2016, the
4 division shall, in addition to the distribution authorized in
5 subparagraph 2., from month to month certify to the Chief
6 Financial Officer the amount derived from the cigarette tax
7 imposed by s. 210.02, less the service charges provided in s.
8 215.20 and less 0.9 percent of the amount derived from the
9 cigarette tax imposed by s. 210.02, which shall be deposited
10 into the Alcoholic Beverage and Tobacco Trust Fund, specifying
11 an amount equal to 3.53 percent of the net collections, and
12 that amount shall be paid to the Board of Directors of the H.
13 Lee Moffitt Cancer Center and Research Institute by warrant
14 drawn by the Chief Financial Officer. Beginning on July 1,
15 2016, and continuing through June 30, 2037, the division shall
16 from month to month certify to the Chief Financial Officer the
17 amount derived from the cigarette tax imposed by s. 210.02,
18 less the service charges provided in s. 215.20 and less 0.9
19 percent of the amount derived from the cigarette tax imposed
20 by s. 210.02, which shall be deposited into the Alcoholic
21 Beverage and Tobacco Trust Fund, specifying an amount equal to
22 5 percent of the net collections, and that amount shall be
23 paid to the Board of Directors of the H. Lee Moffitt Cancer
24 Center and Research Institute by warrant drawn by the Chief
25 Financial Officer. These funds are appropriated monthly out of
26 the Cigarette Tax Collection Trust Fund, to be used for the
27 purpose of constructing, furnishing, and equipping cancer
28 research, treatment, and related facilities. In the 2007-2008
29 fiscal year and thereafter, the appropriation authorized by
30 this subparagraph may not be less than the amount that would
31 have been paid to the H. Lee Moffitt Cancer Center and
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Florida Senate - 2007 SB 2360
10-1475-07
1 Research Institute in the 2005-2006 fiscal year had this
2 subparagraph been in effect. The funds to be paid to the H.
3 Lee Moffitt Cancer Center and Research Institute under this
4 section may be pledged to pay bonds issued to fund the cost of
5 the cancer research and treatment facilities described above.
6 It is the intent of the Legislature that to the extent the
7 cigarette tax is amended or repealed in a manner that would
8 adversely affect bonds issued for such purpose, the
9 Legislature will provide alternative funding sources in an
10 amount sufficient to pay any deficit in the amount required
11 for such debt service.
12 Section 2. Section 210.201, Florida Statutes, is
13 amended to read:
14 210.201 Cancer research facility at the University of
15 South Florida; establishment; funding.--The Board of Directors
16 of the H. Lee Moffitt Cancer Center and Research Institute
17 shall construct, furnish, and equip, and shall covenant to
18 complete, the cancer research facility at the University of
19 South Florida adjacent to the H. Lee Moffitt Cancer Center and
20 Research Institute described in s. 210.20(2)(b)1. and 2. and
21 the research, treatment, and related facilities described in
22 s. 210.20(2)(b)3. Moneys transferred to the Board of
23 Directors of the H. Lee Moffitt Cancer Center and Research
24 Institute pursuant to s. 210.20 shall be used to secure
25 financing to pay costs related to constructing, furnishing,
26 and equipping the cancer research facility and related
27 facilities. Such financing may include the issuance of tax
28 exempt bonds by a local authority, municipality, or county
29 pursuant to parts II and III of chapter 159. Such bonds shall
30 not constitute state bonds for purposes of s. 11, Art. VII of
31 the State Constitution, but shall constitute bonds of a "local
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Florida Senate - 2007 SB 2360
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1 agency," as defined in s. 159.27(4). The cigarette tax dollars
2 pledged to the facilities this facility pursuant to s. 210.20
3 may be replaced annually by the Legislature from tobacco
4 litigation settlement proceeds.
5 Section 3. This act shall take effect July 1, 2007.
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8 SENATE SUMMARY
9 Provides for a portion of cigarette tax revenues to be
paid monthly to the H. Lee Moffitt Cancer Center and
10 Research Institute. Specifies the use of such funds by
the institute.
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