HB 477

1	A bill to be entitled
2	An act relating to cigarette tax revenues; amending s.
3	210.20, F.S.; increasing the percentage of net collections
4	deposited into the Alcoholic Beverage and Tobacco Trust
5	Fund from the cigarette tax to be paid monthly to the
6	Board of Directors of the H. Lee Moffitt Cancer Center and
7	Research Institute for certain purposes; authorizing use
8	of funds to pay bonds or related financial products;
9	providing legislative intent relating to debt service;
10	amending s. 210.201, F.S.; deleting an obsolete provision;
11	revising provisions providing for the use of transferred
12	moneys to include cancer research, treatment, and related
13	facilities; expanding authorized forms of indebtedness
14	used to finance such facilities; providing for retroactive
15	operation; providing an effective date.
16
17	Be It Enacted by the Legislature of the State of Florida:
18
19	Section 1.  Paragraph (b) of subsection (2) of section
20	210.20, Florida Statutes, is amended to read:
21	210.20  Employees and assistants; distribution of funds.--
22	(2)  As collections are received by the division from such
23	cigarette taxes, it shall pay the same into a trust fund in the
24	State Treasury designated "Cigarette Tax Collection Trust Fund"
25	which shall be paid and distributed as follows:
26	(b)1.  Beginning January 1, 1999, and continuing for 10
27	years thereafter, the division shall from month to month certify
28	to 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 s. 215.20 and less 0.9 percent of the amount
31	derived from the cigarette tax imposed by s. 210.02, which shall
32	be deposited into the Alcoholic Beverage and Tobacco Trust Fund,
33	specifying an amount equal to 2.59 percent of the net
34	collections, and that amount shall be paid to the Board of
35	Directors of the H. Lee Moffitt Cancer Center and Research
36	Institute, established under s. 1004.43, by warrant drawn by the
37	Chief Financial Officer upon the State Treasury. These funds are
38	hereby appropriated monthly out of the Cigarette Tax Collection
39	Trust Fund, to be used for the purpose of constructing,
40	furnishing, and equipping a cancer research facility at the
41	University of South Florida adjacent to the H. Lee Moffitt
42	Cancer Center and Research Institute. In fiscal years 1999-2000
43	and thereafter with the exception of fiscal year 2008-2009, The
44	appropriation to the H. Lee Moffitt Cancer Center and Research
45	Institute authorized by this subparagraph shall not be less than
46	the amount that would have been paid to the H. Lee Moffitt
47	Cancer Center and Research Institute for fiscal year 1998-1999
48	had payments been made for the entire fiscal year rather than
49	for a 6-month period thereof.
50	2.  Beginning July 1, 2002, and continuing through June 30,
51	2004, the division shall, in addition to the distribution
52	authorized in subparagraph 1., from month to month certify to
53	the Chief Financial Officer the amount derived from the
54	cigarette tax imposed by s. 210.02, less the service charges
55	provided for in s. 215.20 and less 0.9 percent of the amount
56	derived from the cigarette tax imposed by s. 210.02, which shall
57	be deposited into the Alcoholic Beverage and Tobacco Trust Fund,
58	specifying an amount equal to 0.2632 percent of the net
59	collections, and that amount shall be paid to the Board of
60	Directors of the H. Lee Moffitt Cancer Center and Research
61	Institute, established under s. 1004.43, by warrant drawn by the
62	Chief Financial Officer. Beginning July 1, 2004, and continuing
63	through June 30, 2016, the division shall, in addition to the
64	distribution authorized in subparagraph 1., from month to month
65	certify to the Chief Financial Officer the amount derived from
66	the cigarette tax imposed by s. 210.02, less the service charges
67	provided for in s. 215.20 and less 0.9 percent of the amount
68	derived from the cigarette tax imposed by s. 210.02, which shall
69	be deposited into the Alcoholic Beverage and Tobacco Trust Fund,
70	specifying an amount equal to 4.06 1.47 percent of the net
71	collections, and that amount shall be paid to the Board of
72	Directors of the H. Lee Moffitt Cancer Center and Research
73	Institute, established under s. 1004.43, by warrant drawn by the
74	Chief Financial Officer. These funds are appropriated monthly
75	out of the Cigarette Tax Collection Trust Fund, to be used for
76	the purpose of constructing, furnishing, and equipping a cancer
77	research, treatment, and related facilities facility at the
78	University of South Florida adjacent to the H. Lee Moffitt
79	Cancer Center and Research Institute. In fiscal years 2004-2005
80	and thereafter, the appropriation to the H. Lee Moffitt Cancer
81	Center and Research Institute authorized by this subparagraph
82	shall not be less than the amount that would have been paid to
83	the H. Lee Moffitt Cancer Center and Research Institute in
84	fiscal year 2001-2002, had this subparagraph been in effect.
85	3.  The funds to be paid to the H. Lee Moffitt Cancer
86	Center and Research Institute under this paragraph may be
87	pledged to pay bonds and related financial products issued or
88	incurred in connection with the financing of cancer research,
89	treatment, and related facilities described in this paragraph.
90	It is the intent of the Legislature that to the extent the
91	cigarette tax is amended or repealed or the provisions of this
92	paragraph are modified in a manner that would adversely affect
93	bonds issued for such purpose, the Legislature shall provide
94	alternative funding sources in an amount sufficient to pay any
95	deficit in the amount required for such debt service.
96	Section 2.  Section 210.201, Florida Statutes, is amended
97	to read:
98	210.201  Cancer facilities research facility at the
99	University of South Florida; establishment; funding.--The Board
100	of Directors of the H. Lee Moffitt Cancer Center and Research
101	Institute shall construct, furnish, and equip, and shall
102	covenant to complete, the cancer research facility at the
103	University of South Florida adjacent to the H. Lee Moffitt
104	Cancer Center and Research Institute. Moneys transferred to the
105	Board of Directors of the H. Lee Moffitt Cancer Center and
106	Research Institute pursuant to s. 210.20 shall be used to secure
107	financing to pay, or secure bonds or financial products issued
108	or incurred in connection with the financing of, costs related
109	to constructing, furnishing, and equipping the cancer research,
110	treatment, and related facilities facility. Such financing may
111	include the issuance of tax-exempt bonds or other forms of
112	indebtedness by a local authority, municipality, or county
113	pursuant to parts II and III of chapter 159. Such bonds shall
114	not constitute state bonds for purposes of s. 11, Art. VII of
115	the State Constitution, but shall constitute bonds of a "local
116	agency," as defined in s. 159.27(4). The cigarette tax dollars
117	pledged to the facilities this facility pursuant to s. 210.20
118	may be replaced annually by the Legislature from tobacco
119	litigation settlement proceeds.
120	Section 3.  This act shall take effect upon becoming a law
121	and shall operate retroactively to January 1, 2009.

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