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