Florida Senate - 2016 SB 102
By Senator Thompson
12-00208-16 2016102__
1 A bill to be entitled
2 An act relating to state lotteries; amending s.
3 24.121, F.S.; specifying how the net revenue generated
4 by an instant lottery game created by the act must be
5 distributed by the Department of the Lottery;
6 restricting the use of such funds; requiring that
7 direct service providers be reimbursed on the basis of
8 specified fee schedules for services, equipment, or
9 supplies; requiring a direct service provider to
10 provide a continuum of care; defining terms; creating
11 s. 24.132, F.S.; requiring the department to offer a
12 special instant lottery game called “Ticket for the
13 Cure” for a specified period of time; prohibiting the
14 department from unreasonably diminishing its marketing
15 of other instant lottery games; requiring the
16 department to allocate net revenue to fund breast
17 cancer research and provide services for certain
18 individuals who have breast cancer; restricting the
19 use of such funds; providing that such funds may not
20 supplant funds otherwise appropriated for breast
21 cancer research by this state; defining terms;
22 authorizing the department to adopt rules; amending s.
23 381.93, F.S.; requiring that the state appropriate
24 funds from the General Appropriations Act to match
25 federal funds provided for screening and early
26 detection under the Mary Brogan Breast and Cervical
27 Cancer Early Detection Program; providing an effective
28 date.
29
30 Be It Enacted by the Legislature of the State of Florida:
31
32 Section 1. Paragraph (b) of subsection (5) of section
33 24.121, Florida Statutes, is amended, present paragraph (f) of
34 that subsection is redesignated as paragraph (g), and a new
35 paragraph (f) is added to that subsection, to read:
36 24.121 Allocation of revenues and expenditure of funds for
37 public education.—
38 (5)
39 (b) Except as provided in paragraphs (c)-(f) (c), (d), and
40 (e), the Legislature shall equitably apportion moneys in the
41 trust fund among public schools, community colleges, and
42 universities.
43 (f) The department shall equitably apportion the net
44 revenue received under s. 24.132 between direct service
45 providers and public or private universities located in this
46 state which have medical research facilities or which are
47 associated with medical research facilities. Such funds must be
48 used to fund breast cancer research and to provide services to
49 low-income, uninsured individuals who have breast cancer, and
50 may not be used for institutional, organizational, or community
51 based overhead costs, indirect costs, or levies. If services,
52 equipment, or supplies are provided by a direct service
53 provider, the funds must be used to pay for the services,
54 equipment, or supplies based on the Medicare fee schedule or the
55 fee schedule resulting in the lowest cost to the state. A direct
56 service provider shall provide services in the context of a
57 continuum of care. As used in this paragraph, the term:
58 1. “Continuum of care” means a system that guides and
59 tracks patients over time through a comprehensive array of
60 health services spanning all levels and intensity of care.
61 2. “Direct service provider” means a nonuniversity
62 organization that provides care directly to an individual who
63 seeks services related to the treatment of breast cancer.
64 Section 2. Section 24.132, Florida Statutes, is created to
65 read:
66 24.132 Ticket for the Cure.—
67 (1) The department shall offer a special instant lottery
68 game called “Ticket for the Cure.” The game shall commence on
69 January 1, 2017, and shall be discontinued on December 31, 2022.
70 The department may not unreasonably diminish its marketing
71 efforts devoted to other instant lottery games during this
72 period of time.
73 (2) The department shall allocate the net revenue from the
74 Ticket for the Cure lottery game pursuant to s. 24.121(5)(f) to
75 fund breast cancer research and to provide services to low
76 income, uninsured individuals who have breast cancer. The funds
77 may not be used for institutional, organizational, or community
78 based overhead costs, indirect costs, or levies, and may not
79 supplant state funds otherwise appropriated for breast cancer
80 research. As used in this subsection, the term:
81 (a) “Net revenue” means the total amount of money received
82 from the sale of instant lottery tickets, less the sum of the
83 amount paid out in prizes and the actual administrative expenses
84 of the department related solely to the Ticket for the Cure
85 lottery game.
86 (b) “Research” includes, but is not limited to,
87 expenditures to develop and advance the understanding,
88 techniques, and modalities that are effective in the detection,
89 screening, prevention, and treatment of breast cancer, including
90 clinical trials.
91 (3) The department may adopt rules to administer this
92 section.
93 Section 3. Subsection (3) of section 381.93, Florida
94 Statutes, is amended to read:
95 381.93 Breast and cervical cancer early detection program.
96 This section may be cited as the “Mary Brogan Breast and
97 Cervical Cancer Early Detection Program Act.”
98 (3) The Mary Brogan Breast and Cervical Cancer Early
99 Detection Program shall be funded through grants for such
100 screening and early detection purposes from the federal Centers
101 for Disease Control and Prevention under Title XV of the Public
102 Health Service Act, 42 U.S.C. ss. 300k et seq and through the
103 appropriation of funds under the General Appropriations Act
104 which must match the federal funds provided for screening and
105 early detection purposes.
106 Section 4. This act shall take effect July 1, 2016.