Senate Bill sb2640

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    Florida Senate - 2007                                  SB 2640

    By Senator Lawson





    6-1448-07

  1                      A bill to be entitled

  2         An act relating to tobacco tax assessments;

  3         amending s. 210.01, F.S.; defining the term

  4         "council" as the Florida Cancer Council;

  5         amending s. 210.02, F.S.; revising the amount

  6         of the excise or privilege tax on cigarettes;

  7         amending s. 210.18, F.S., relating to penalties

  8         for tax evasion; conforming a cross-reference;

  9         amending s. 210.20, F.S.; revising the manner

10         in which collections received from cigarette

11         taxes are paid into various trust funds;

12         providing for additional amounts to be

13         deposited unto the Alcoholic Beverage and

14         Tobacco Trust Fund for use by the Florida

15         Cancer Council; creating s. 210.202, F.S.;

16         requiring the Florida Cancer Council to use

17         collections from cigarette taxes in a certain

18         manner; requiring the approval of the Governor

19         and the Cabinet for capital construction

20         projects granted by the council; authorizing

21         the use of net cigarette tax collections to

22         secure financing for capital projects;

23         authorizing the issuance of certain tax-exempt

24         bonds for such financing; amending s. 381.921,

25         F.S.; authorizing the council to award grants

26         using a peer-reviewed competitive process;

27         providing an effective date.

28  

29  Be It Enacted by the Legislature of the State of Florida:

30  

31  

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 1         Section 1.  Section 210.01, Florida Statutes, is

 2  amended to read:

 3         210.01  Definitions.--When used in this part the

 4  following words shall have the meaning herein indicated:

 5         (1)  "Cigarette" means any roll for smoking, except one

 6  of which the tobacco is fully naturally fermented, without

 7  regard to the kind of tobacco or other substances used in the

 8  inner roll or the nature or composition of the material in

 9  which the roll is wrapped, which is made wholly or in part of

10  tobacco irrespective of size or shape and whether such tobacco

11  is flavored, adulterated or mixed with any other ingredient.

12         (2)  "Persons" means any individual, copartnership,

13  society, club, association, corporation, joint stock company,

14  and any combination of individuals and also an executor,

15  administrator, receiver, trustee or other fiduciary.

16         (3)  "Sale" means any transfer, exchange or barter in

17  any manner, or by any means whatever.

18         (4)  "Retail sale" or "sale at retail" means a sale to

19  a consumer or to any person for any purpose other than resale.

20         (5)  "Dealer" means any wholesale dealer as hereinafter

21  defined.

22         (6)  "Wholesale dealer" means any person located inside

23  or outside this state who sells cigarettes to retail dealers

24  or other persons for purposes of resale only. Such term shall

25  not include any cigarette manufacturer, export warehouse

26  proprietor, or importer with a valid permit under 26 U.S.C. s.

27  5712 if such person sells or distributes cigarettes in this

28  state only to dealers who are agents and who hold valid and

29  current permits under s. 210.15 or to any cigarette

30  manufacturer, export warehouse proprietor, or importer who

31  holds a valid and current permit under 26 U.S.C. s. 5712.

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 1         (7)  "Retail dealer" means any person located inside or

 2  outside this state other than a wholesale dealer engaged in

 3  the business of selling cigarettes, including persons issued a

 4  permit pursuant to s. 569.003.

 5         (8)  "Package" means the individual package, box or

 6  other container in or from which retail sales of cigarettes

 7  are normally made or intended to be made.

 8         (9)  "Agent" means any person authorized by the

 9  Division of Alcoholic Beverages and Tobacco to purchase and

10  affix adhesive or meter stamps under this part.

11         (10)  "Division" means the Division of Alcoholic

12  Beverages and Tobacco of the Department of Business and

13  Professional Regulation.

14         (11)  "Council" means the Florida Cancer Council within

15  the Department of Health as established in s. 381.92.

16         (12)(11)  "Use" means the consuming, giving away or

17  disposing, in any manner, of cigarettes.

18         (13)(12)  "First sale" means the first use or

19  consumption of cigarettes within this state.

20         (14)(13)  "Operating ad valorem millage" means all

21  millages other than those fixed for debt service.

22         (15)(14)  "Distributing agent" means every person, firm

23  or corporation in this state who acts as an agent for any

24  person, firm or corporation outside or inside the state by

25  receiving cigarettes in interstate or intrastate commerce and

26  storing such cigarettes subject to distribution or delivery

27  upon order from said principal to wholesale dealers and other

28  distributing agents inside or outside this state.

29         (16)(15)  "Place of business" means any place where

30  cigarettes are sold or where cigarettes are stored or kept for

31  the purpose of sale or consumption; or if cigarettes are sold

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 1  from a vending machine the place in which the vending machine

 2  is located.

 3         (17)(16)  "Manufacturer's representative" means a

 4  person who represents a manufacturer of cigarettes but who has

 5  no place of business in this state where cigarettes are

 6  stored. A manufacturer's representative is required to obtain

 7  any cigarettes required by her or him through a wholesale

 8  dealer in this state and to make such reports as may be

 9  required by the Division of Alcoholic Beverages and Tobacco of

10  the Department of Business and Professional Regulation.

11         (18)(17)  "Exporter" means a person who transports

12  tax-exempt cigarettes into this state under bond for delivery

13  beyond the borders of this state.  Each permit shall entitle

14  the permittee to store such cigarettes under bond at one

15  location in this state pending shipment beyond the borders of

16  this state.

17         (19)(18)  "Unstamped package" or "unstamped cigarettes"

18  means a package on which the tax required by this part has not

19  been paid, regardless of whether or not such package is

20  stamped or marked with the indicia of any other taxing

21  authority, or a package on which there has been affixed a

22  counterfeit or fraudulent indicium or stamp.

23         (20)(19)  "Stamp" or "stamps" means the indicia

24  required to be placed on cigarette packages that evidence

25  payment of the tax on cigarettes under s. 210.02.

26         (21)(20)  "Importer" means any person with a valid

27  permit under 26 U.S.C. s. 5712 who imports into the United

28  States, directly or indirectly, a finished cigarette for sale

29  or distribution.

30         (22)(21)  "Manufacturer" means any domestic person or

31  entity with a valid permit under 26 U.S.C. s. 5712 that

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 1  manufactures, fabricates, assembles, processes, or labels a

 2  finished cigarette.

 3         (23)(22)  "Counterfeit cigarettes" means cigarettes

 4  that have false manufacturing labels, tobacco product packs

 5  with counterfeit tax stamps, or any combination thereof.

 6         Section 2.  Section 210.02, Florida Statutes, is

 7  amended to read:

 8         210.02  Cigarette tax imposed; collection.--

 9         (1)  An excise or privilege tax, in addition to all

10  other taxes of every kind imposed by law, is imposed upon the

11  sale, receipt, purchase, possession, consumption, handling,

12  distribution, and use of cigarettes in this state, in the

13  following amounts, except as hereinafter otherwise provided,

14  for cigarettes of standard dimensions:

15         (a)  Upon all cigarettes weighing not more than 3

16  pounds per thousand, 50 16.95 mills on each cigarette.

17         (b)  Upon all cigarettes weighing more than 3 pounds

18  per thousand and not more than 6 inches long, 133.9 33.9 mills

19  on each cigarette.

20         (c)  Upon all cigarettes weighing more than 3 pounds

21  per thousand and more than 6 inches long, 267.8 67.8 mills on

22  each cigarette.

23         (2)  The description of cigarettes contained in

24  paragraphs (a), (b), and (c) of subsection (1) are hereby

25  declared to be standard as to dimensions for taxing purposes

26  as provided in this law and should any cigarette be received,

27  purchased, possessed, sold, offered for sale, given away, or

28  used of a size other than of standard dimensions, the same

29  shall be taxed at the rate of 4.16 1.41 cents on each such

30  cigarette.

31  

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 1         (3)  When cigarettes as described in paragraph (1)(a)

 2  are packed in varying quantities of 20 cigarettes or less,

 3  except manufacturer's free samples authorized under s.

 4  210.04(9), the following rate shall govern:

 5         (a)  Packages containing 10 cigarettes or less require

 6  a 50-cent 16.95-cent tax.

 7         (b)  Packages containing more than 10 but not more than

 8  20 cigarettes require a 133.9-cent 33.9-cent tax.

 9         (4)  When cigarettes as described in paragraph (1)(b)

10  are packed in varying quantities of 20 cigarettes or less,

11  except manufacturer's free samples authorized under s.

12  210.04(9), the following rates shall govern:

13         (a)  Packages containing 10 cigarettes or less require

14  a 133.9-cent 33.9-cent tax.

15         (b)  Packages containing more than 10 but not more than

16  20 cigarettes require a 267.8-cent 67.8-cent tax.

17         (5)  When cigarettes as described in paragraph (1)(c)

18  are packed in varying quantities of 20 cigarettes or less,

19  except manufacturer's free samples authorized under s.

20  210.04(9), the following rates shall govern:

21         (a)  Packages containing 10 cigarettes or less require

22  a 267.8-cent 67.8-cent tax.

23         (b)  Packages containing more than 10 but not more than

24  20 cigarettes require a 400-cent 135.6-cent tax.

25         (6)  This tax shall be paid by the dealer to the

26  division for deposit and distribution as hereinafter provided

27  upon the first sale or transaction within the state, whether

28  or not such sale or transfer be to the ultimate purchaser or

29  consumer.  The seller or dealer shall collect the tax from the

30  purchaser or consumer, and the purchaser or consumer shall pay

31  the tax to the seller.  The seller or dealer shall be

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 1  responsible for the collection of the tax and the payment of

 2  the same to the division. All taxes are due not later than the

 3  10th day of the month following the calendar month in which

 4  they were incurred, and thereafter shall bear interest at the

 5  rate of 1 percent per month. If the amount of tax due for a

 6  given period is assessed without allocating it to any

 7  particular month, the interest shall begin with the date of

 8  the assessment.  Whenever cigarettes are shipped from outside

 9  the state to anyone other than a distributing agent or

10  wholesale dealer, the person receiving the cigarettes shall be

11  responsible for the tax on said cigarettes and the payment of

12  same to the division.

13         (7)  It is the legislative intent that the tax on

14  cigarettes shall be uniform throughout the state.

15         Section 3.  Subsection (10) of section 210.18, Florida

16  Statutes, is amended to read:

17         210.18  Penalties for tax evasion; reports by

18  sheriffs.--

19         (10)  It is unlawful to sell or possess with the intent

20  to sell counterfeit cigarettes, as defined in s. 210.01(23) s.

21  210.01(22).

22         (a)  A person who does not hold a permit or holds a

23  retail permit under the provisions of this chapter and who

24  violates this subsection commits a felony of the third degree,

25  punishable as provided in s. 775.082, s. 775.083, or s.

26  775.084, and is subject to the imposition of fines and

27  additional penalties as follows:

28         1.  If the quantity of counterfeit cigarettes sold or

29  possessed with the intent to sell is less than two cartons or

30  the equivalent, the fine for a first violation shall not

31  exceed $1,000 or five times the retail value of the

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 1  counterfeit cigarettes, whichever is greater. A subsequent

 2  violation may result in the imposition of a fine not to exceed

 3  $5,000 or five times the retail value of the counterfeit

 4  cigarettes, whichever is greater, and shall result in

 5  revocation of the retail permit by the division.

 6         2.  If the quantity of counterfeit cigarettes sold or

 7  possessed with the intent to sell is two cartons or more or

 8  the equivalent, the fine for a first violation shall not

 9  exceed $2,000 or five times the retail value of the

10  counterfeit cigarettes, whichever is greater. A subsequent

11  violation may result in the imposition of a fine not to exceed

12  $50,000 or five times the retail value of the counterfeit

13  cigarettes, whichever is greater, and shall result in

14  revocation of the retail permit by the division.

15         (b)  A person who holds a permit, other than a retail

16  permit, under the provisions of this chapter and who violates

17  this subsection commits a felony of the third degree,

18  punishable as provided in s. 775.082, s. 775.083, or s.

19  775.084, and is subject to the imposition of fines and

20  additional penalties as follows:

21         1.  If the quantity of counterfeit cigarettes sold or

22  possessed with the intent to sell is less than 10 cartons or

23  the equivalent, the fine for a first violation shall not

24  exceed $1,000 or five times the retail value of the

25  counterfeit cigarettes, whichever is greater. A subsequent

26  violation may result in the imposition of a fine not to exceed

27  $5,000 or five times the retail value of the counterfeit

28  cigarettes, whichever is greater, and shall result in

29  revocation of the permit by the division.

30         2.  If the quantity of counterfeit cigarettes sold or

31  possessed with the intent to sell is 10 cartons or more or the

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 1  equivalent, the fine for a first violation shall not exceed

 2  $2,000 or five times the retail value of the counterfeit

 3  cigarettes, whichever is greater. A subsequent violation may

 4  result in the imposition of a fine not to exceed $50,000 or

 5  five times the retail value of the counterfeit cigarettes,

 6  whichever is greater, and shall result in revocation of the

 7  permit by the division.

 8  

 9  For purposes of this subsection, any counterfeit cigarettes

10  seized by the division shall be destroyed.

11         Section 4.  Subsection (2) of section 210.20, Florida

12  Statutes, is amended to read:

13         210.20  Employees and assistants; distribution of

14  funds.--

15         (2)  As collections are received by the division from

16  such cigarette taxes, it shall pay the same into a trust fund

17  in the State Treasury designated "Cigarette Tax Collection

18  Trust Fund" which shall be paid and distributed as follows:

19         (a)  The division shall from month to month certify to

20  the Chief Financial Officer the amount derived from the

21  cigarette tax imposed by s. 210.02, less the service charges

22  provided for in s. 215.20 and less 0.9 percent of the amount

23  derived from the cigarette tax imposed by s. 210.02, which

24  shall be deposited into the Alcoholic Beverage and Tobacco

25  Trust Fund, specifying the amounts to be transferred from the

26  Cigarette Tax Collection Trust Fund and credited on the basis

27  of 1.8405 2.9 percent of the net collections to the Revenue

28  Sharing Trust Fund for Counties, 17.779 and 29.3 percent of

29  the net collections for the funding of indigent health care to

30  the Public Medical Assistance Trust Fund, 7.6687 percent of

31  the net collections for the funding of a system of trauma

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 1  centers as prescribed in s. 395.4025, 7.6687 percent of the

 2  net revenue collections for the funding of a state children's

 3  health insurance program as determined by the Legislature, and

 4  40 percent of the net collections for Medicaid obligations as

 5  determined by the Legislature.

 6         (b)1.  Beginning July 1, 2007 January 1, 1999, and

 7  continuing through June 30, 2016 for 10 years thereafter, the

 8  division shall from month to month certify to the Chief

 9  Financial Officer the amount derived from the cigarette tax

10  imposed by s. 210.02, less the service charges provided for in

11  s. 215.20 and less 0.9 percent of the amount derived from the

12  cigarette tax imposed by s. 210.02, which shall be deposited

13  into the Alcoholic Beverage and Tobacco Trust Fund, specifying

14  an amount equal to 1.5157 2.59 percent of the net collections,

15  and that amount shall be paid to the Board of Directors of the

16  H. Lee Moffitt Cancer Center and Research Institute,

17  established under s. 1004.43, by warrant drawn by the Chief

18  Financial Officer upon the State Treasury. These funds, which

19  are separate and distinct from the funds earmarked for the

20  council in paragraph (c), are hereby appropriated monthly out

21  of the 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 1999-2000 and thereafter with the exception of

26  fiscal year 2008-2009, the appropriation to the H. Lee Moffitt

27  Cancer Center and Research Institute authorized by this

28  subparagraph shall not be less than the amount that would have

29  been paid to the H. Lee Moffitt Cancer Center and Research

30  Institute for fiscal year 1998-1999 had payments been made for

31  

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 1  the entire fiscal year rather than for a 6-month period

 2  thereof.

 3         2.  Beginning July 1, 2002, and continuing through June

 4  30, 2004, the division shall, in addition to the distribution

 5  authorized in subparagraph 1., from month to month certify to

 6  the Chief Financial Officer the amount derived from the

 7  cigarette tax imposed by s. 210.02, less the service charges

 8  provided for in s. 215.20 and less 0.9 percent of the amount

 9  derived from the cigarette tax imposed by s. 210.02, which

10  shall be deposited into the Alcoholic Beverage and Tobacco

11  Trust Fund, specifying an amount equal to 0.2632 percent of

12  the net collections, and that amount shall be paid to the

13  Board of Directors of the H. Lee Moffitt Cancer Center and

14  Research Institute, established under s. 1004.43, by warrant

15  drawn by the Chief Financial Officer. Beginning July 1, 2004,

16  and continuing through June 30, 2016, the division shall, in

17  addition to the distribution authorized in subparagraph 1.,

18  from month to month certify to the Chief Financial Officer the

19  amount derived from the cigarette tax imposed by s. 210.02,

20  less the service charges provided for in s. 215.20 and less

21  0.9 percent of the amount derived from the cigarette tax

22  imposed by s. 210.02, which shall be deposited into the

23  Alcoholic Beverage and Tobacco Trust Fund, specifying an

24  amount equal to 1.47 percent of the net collections, and that

25  amount shall be paid to the Board of Directors of the H. Lee

26  Moffitt Cancer Center and Research Institute, established

27  under s. 1004.43, by warrant drawn by the Chief Financial

28  Officer. These funds are appropriated monthly out of the

29  Cigarette Tax Collection Trust Fund, to be used for the

30  purpose of constructing, furnishing, and equipping a cancer

31  research facility at the University of South Florida adjacent

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 1  to the H. Lee Moffitt Cancer Center and Research Institute. In

 2  the 2007-2008 fiscal years 2004-2005 and thereafter, the

 3  appropriation to the H. Lee Moffitt Cancer Center and Research

 4  Institute authorized by this paragraph may subparagraph shall

 5  not be less than the amount that would have been paid to the

 6  H. Lee Moffitt Cancer Center and Research Institute in the

 7  2005-2006 fiscal year pursuant to 2001-2002, had this

 8  paragraph subparagraph been in effect.

 9         (c)1.  Beginning July 1, 2007, and continuing for 5

10  years thereafter, the division shall from month to month

11  certify to the Chief Financial Officer the amount derived from

12  the cigarette tax imposed by s. 210.02, less the service

13  charges provided for in this section and less 0.9 percent of

14  the amount derived from the cigarette tax imposed by s.

15  210.02, which shall be deposited into the Alcoholic Beverage

16  and Tobacco Trust Fund, specifying an amount equal to 0.9671

17  percent of the net collections, and that amount shall be

18  deposited into the Biomedical Research Trust Fund for the use

19  of the Florida Cancer Council established under s. 381.92, by

20  warrant drawn by the Chief Financial Officer upon the State

21  Treasury. These funds are appropriated monthly out of the

22  Cigarette Tax Collection Trust Fund and shall be used for the

23  purposes prescribed in s. 381.921 as they relate to the

24  attraction, recruitment, and employment of experts in the

25  field of cancer research, with emphasis given to researchers

26  who will generate increased federal research funds directed to

27  institutions in this state. In the 2007-2008 fiscal year

28  through the 2011-2012 fiscal year, the appropriation to the

29  Florida Cancer Council authorized by this subparagraph may not

30  be less than the amount that would have been distributed to

31  

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 1  the Florida Cancer Council in the 2005-2006 fiscal year had

 2  this subparagraph been in effect.

 3         2.  Beginning July 1, 2007, and continuing for 5 years

 4  thereafter, the division shall from month to month certify to

 5  the Chief Financial Officer the amount derived from the

 6  cigarette tax imposed by s. 210.02, less the service charges

 7  provided for in this section and less 0.9 percent of the

 8  amount derived from the cigarette tax imposed by s. 210.02,

 9  which shall be deposited into the Alcoholic Beverage and

10  Tobacco Trust Fund, specifying an amount equal to 2.9013

11  percent of the net collections, and that amount shall be

12  deposited into the Biomedical Research Trust Fund for the use

13  of the Florida Cancer Council established under s. 381.92, by

14  warrant drawn by the Chief Financial Officer upon the State

15  Treasury. These funds are appropriated monthly out of the

16  Cigarette Tax Collection Trust Fund and shall be used for the

17  purposes prescribed in s. 381.921 as they relate to

18  institutions in this state providing operational support,

19  including appropriate equipment as determined by the council.

20  In the 2007-2008 fiscal year through the 2009-2010 fiscal

21  year, the appropriation to the Florida Cancer Council

22  authorized by this subparagraph may not be less than the

23  amount that would have been distributed to the Florida Cancer

24  Council in the 2005-2006 fiscal year had this subparagraph

25  been in effect.

26         3.  Beginning July 1, 2009, and continuing for 15 years

27  thereafter, the division shall from month to month certify to

28  the Chief Financial Officer the amount derived from the

29  cigarette tax imposed by s. 210.02, less the service charges

30  provided for in this section and less 0.9 percent of the

31  amount derived from the cigarette tax imposed by s. 210.02,

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 1  which shall be deposited into the Alcoholic Beverage and

 2  Tobacco Trust Fund, specifying an amount equal to 2.2436

 3  percent of the net collections, and that amount shall be

 4  deposited into the Biomedical Research Trust Fund for the use

 5  of the Florida Cancer Council established under s. 381.92, by

 6  warrant drawn by the Chief Financial Officer upon the State

 7  Treasury. These funds are appropriated monthly out of the

 8  Cigarette Tax Collection Trust Fund and shall be used for

 9  capital expenditures as they relate to the purposes prescribed

10  in s. 381.921. In the 2007-2008 fiscal year through the

11  2021-2022 fiscal year, the appropriation to the Florida Cancer

12  Council authorized by this subparagraph may not be less than

13  the amount that would have been distributed to the Florida

14  Cancer Council in the 2003-2004 fiscal year had this

15  subparagraph been in effect.

16         Section 5.  Section 210.202, Florida Statutes, is

17  created to read:

18         212.202  Florida Cancer Council; expenditure of

19  cigarette tax proceeds; bonding authority.--

20         (1)  The Florida Cancer Council established in s.

21  381.92 shall use the cigarette tax collections distributed to

22  the council pursuant to s. 210.20(2)(c) for the purposes

23  enumerated in s. 381.921. Any capital construction projects

24  granted by the council pursuant to s. 210.20(2)(c)3. must be

25  approved by the Governor and Cabinet.

26         (2)  The net cigarette tax collections received by the

27  council may be used to secure financing for capital projects

28  at institutions in this state approved by the council in the

29  peer-reviewed competitive process prescribed in s. 381.921 and

30  authorized by the Governor and Cabinet pursuant to subsection

31  (1). Such financing may include the issuance of tax-exempt

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 1  bonds by a local authority, municipality, or county pursuant

 2  to parts II and III of chapter 159. Such bonds do not

 3  constitute state bonds for purposes of s. 11, Art. VII of the

 4  State Constitution, but constitute bonds of a local agency as

 5  defined in s. 159.27(4).

 6         Section 6.  Section 381.921, Florida Statutes, is

 7  amended to read:

 8         381.921  Florida Cancer Council mission and duties.--

 9         (1)  The council, which shall work in concert with the

10  Florida Center for Universal Research to Eradicate Disease to

11  ensure that the goals of the center are advanced, shall

12  endeavor to dramatically improve cancer research and treatment

13  in this state through:

14         (a)(1)  Efforts to significantly expand cancer research

15  capacity in the state by:

16         1.(a)  Identifying ways to attract new research talent

17  and attendant national grant-producing researchers to cancer

18  research facilities in this state;

19         2.(b)  Implementing a peer-reviewed, competitive

20  process to identify and fund the best proposals to expand

21  cancer research institutes in this state;

22         3.(c)  Funding through available resources for those

23  proposals that demonstrate the greatest opportunity to attract

24  federal research grants and private financial support;

25         4.(d)  Encouraging the employment of bioinformatics in

26  order to create a cancer informatics infrastructure that

27  enhances information and resource exchange and integration

28  through researchers working in diverse disciplines, to

29  facilitate the full spectrum of cancer investigations;

30  

31  

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 1         5.(e)  Facilitating the technical coordination,

 2  business development, and support of intellectual property as

 3  it relates to the advancement of cancer research; and

 4         6.(f)  Aiding in other multidisciplinary

 5  research-support activities as they inure to the advancement

 6  of cancer research.

 7         (b)(2)  Efforts to improve both research and treatment

 8  through greater participation in clinical trials networks by:

 9         1.(a)  Identifying ways to increase adult enrollment in

10  cancer clinical trials;

11         2.(b)  Supporting public and private professional

12  education programs designed to increase the awareness and

13  knowledge about cancer clinical trials;

14         3.(c)  Providing tools to cancer patients and

15  community-based oncologists to aid in the identification of

16  cancer clinical trials available in the state; and

17         4.(d)  Creating opportunities for the state's academic

18  cancer centers to collaborate with community-based oncologists

19  in cancer clinical trials networks.

20         (c)(3)  Efforts to reduce the impact of cancer on

21  disparate groups by:

22         1.(a)  Identifying those cancers that

23  disproportionately impact certain demographic groups; and

24         2.(b)  Building collaborations designed to reduce

25  health disparities as they relate to cancer.

26         (2)  The council may award grants using a peer-reviewed

27  competitive process from the funds generated in s.

28  210.20(2)(c) or funds allocated from other sources to execute

29  the purposes set forth in this section. The council, where

30  possible, shall give preference to proposals that promote

31  collaborative efforts between institutions and facilities in

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    Florida Senate - 2007                                  SB 2640
    6-1448-07




 1  this state to advance cancer research, as well as to detect

 2  and treat cancer.

 3         Section 7.  This act shall take effect July 1, 2007.

 4  

 5            *****************************************

 6                          SENATE SUMMARY

 7    Revises the amount of the excise or privilege tax on
      cigarettes. Revises the manner in which collections
 8    received from cigarette taxes are paid into various trust
      funds. Requires the Florida Cancer Council to use
 9    collections from cigarette taxes in a certain manner.
      Requires the approval of the Governor and the Cabinet for
10    capital construction projects granted by the council.
      Authorizes the use of net cigarette tax collections to
11    secure financing for capital projects. Authorizes the
      issuance of certain tax-exempt bonds for such financing.
12    Authorizes the council to award funds.

13  

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