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A bill to be entitled

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An act relating to cigarette tax revenues; amending s.

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210.20, F.S.; providing for extending the period for

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transfer of the portion of the revenues from the cigarette

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tax to be paid monthly to the Board of Directors of the H.

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Lee Moffitt Cancer Center and Research Institute for

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certain purposes; authorizing use of funds to pay bonds or

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related financial products; providing legislative intent

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relating to debt service; amending s. 210.201, F.S.;

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revising provisions providing for the use of transferred

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moneys to include cancer research, treatment, and related

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facilities; providing for retroactive application;

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providing an effective date.

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

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     Section 1.  Paragraph (b) of subsection (2) of section

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210.20, Florida Statutes, is amended to read:

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     210.20  Employees and assistants; distribution of funds.--

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

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

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State Treasury designated "Cigarette Tax Collection Trust Fund"

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which shall be paid and distributed as follows:

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     (b)1. Beginning January 1, 2008 1999, and continuing

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through June 30, 2038 for 10 years thereafter, the division shall

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from month to month certify to the Chief Financial Officer the

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

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the service charges provided for in s. 215.20 and less 0.9

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percent of the amount derived from the cigarette tax imposed by

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s. 210.02, which shall be deposited into the Alcoholic Beverage

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and Tobacco Trust Fund, specifying an amount equal to 2.59

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percent of the net collections, and that amount shall be paid to

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

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Research Institute, established under s. 1004.43, by warrant

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drawn by the Chief Financial Officer upon the State Treasury.

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These funds are hereby appropriated monthly out of the Cigarette

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Tax Collection Trust Fund, to be used for the purpose of

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constructing, furnishing, and equipping a cancer research,

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treatment, and related facilities in Florida. facility at the

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University of South Florida adjacent to the H. Lee Moffitt Cancer

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Center and Research Institute. In fiscal years 1999-2000 and

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thereafter with the exception of fiscal year 2008-2009, The

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appropriation to the H. Lee Moffitt Cancer Center and Research

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Institute authorized by this subparagraph shall not be less than

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the amount that would have been paid to the H. Lee Moffitt Cancer

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Center and Research Institute for fiscal year 1998-1999 had

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payments been made for the entire fiscal year rather than for a

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6-month period thereof.

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     2. Beginning July 1, 2002, and continuing through June 30,

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2004, the division shall, in addition to the distribution

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

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Chief Financial Officer the amount derived from the cigarette tax

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

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215.20 and less 0.9 percent of the amount derived from the

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

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the Alcoholic Beverage and Tobacco Trust Fund, specifying an

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amount equal to 0.2632 percent of the net collections, and that

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

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Moffitt Cancer Center and Research Institute, established under

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s. 1004.43, by warrant drawn by the Chief Financial Officer.

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Beginning January 1, 2008 July 1, 2004, and continuing through

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June 30, 2038 2016, the division shall, in addition to the

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distribution authorized in subparagraph 1., from month to month

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certify to the Chief Financial Officer the amount derived from

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

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

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

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be deposited into the Alcoholic Beverage and Tobacco Trust Fund,

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specifying an amount equal to 1.47 percent of the net

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collections, and that amount shall be paid to the Board of

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Directors of the H. Lee Moffitt Cancer Center and Research

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Institute, established under s. 1004.43, by warrant drawn by the

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Chief Financial Officer. These funds are appropriated monthly out

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

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purpose of constructing, furnishing, and equipping a cancer

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research, treatment, and related facilities in Florida facility

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at the University of South Florida adjacent to the H. Lee Moffitt

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Cancer Center and Research Institute. In fiscal years 2004-2005

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and thereafter, the appropriation to the H. Lee Moffitt Cancer

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Center and Research Institute authorized by this subparagraph

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

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

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year 2001-2002, had this subparagraph been in effect.

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     3. The funds to be paid to the H. Lee Moffitt Cancer Center

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and Research Institute under this paragraph may be pledged to pay

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bonds and related financial products issued or incurred in

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connection with the financing of cancer research, treatment, and

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related facilities described in this paragraph. It is the intent

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of the Legislature that to the extent the cigarette tax is

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amended or repealed or the provisions of this paragraph are

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modified in a manner that would adversely affect bonds issued for

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such purpose, the Legislature shall provide alternative funding

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sources in an amount sufficient to pay any deficit in the amount

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required for such debt service.

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     Section 2.  Section 210.201, Florida Statutes, is amended to

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read:

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     210.201 Cancer facilities research facility at the

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University of South Florida; establishment; funding.--The Board

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of Directors of the H. Lee Moffitt Cancer Center and Research

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Institute shall construct, furnish, and equip, and shall covenant

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to complete, the cancer research facility at the University of

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South Florida adjacent to the H. Lee Moffitt Cancer Center and

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Research Institute. Moneys transferred to the Board of Directors

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of the H. Lee Moffitt Cancer Center and Research Institute

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pursuant to s. 210.20 shall be used to secure financing to pay,

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or secure bonds or financial products issued or incurred in

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connection with the financing of, costs related to constructing,

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furnishing, and equipping the cancer research, treatment, and

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related facilities in Florida facility. Such financing may

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include the issuance of tax-exempt bonds or other forms of

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indebtedness by a local authority, municipality, or county

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pursuant to parts II and III of chapter 159. Such bonds shall not

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

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State Constitution, but shall constitute bonds of a "local

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agency," as defined in s. 159.27(4). The cigarette tax dollars

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pledged to the facilities this facility pursuant to s. 210.20 may

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be replaced annually by the Legislature from tobacco litigation

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settlement proceeds.

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     Section 3.  This act shall take effect upon becoming a law

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and shall operate retroactively to January 1, 2008.