Senate Bill 1948

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    Florida Senate - 1999                                  SB 1948

    By Senator Casas





    39-1682-99

  1                      A bill to be entitled

  2         An act relating to tobacco settlement funds;

  3         amending s. 569.21, F.S., specifying guidelines

  4         to be applied by the Legislature in expending

  5         funds paid to the state as a result of the

  6         settlement of litigation involving the tobacco

  7         industry; providing an effective date.

  8

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

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11         Section 1.  Section 569.21, Florida Statutes, is

12  amended to read:

13         569.21  Expenditure of tobacco settlement

14  proceeds.--The following guidelines shall be applied to the

15  expenditure of all funds paid to the State of Florida as a

16  result of litigation entitled The State of Florida et al. v.

17  American Tobacco Company et al., Case #95-1466AH, in the

18  Circuit Court of the Fifteenth Judicial Circuit, in and for

19  Palm Beach County:

20         (1)  The Legislature asserts its rights to appropriate

21  all funds paid or payable to the state through the tobacco

22  settlement. Before any funds are released, the Legislature

23  must approve all program and funding proposals.

24         (2)  Some portion of settlement funds received each

25  year should be reserved to create a long-term funding stream.

26         (3)(2)  A trust fund should be created solely for the

27  purpose of receiving and managing settlement funds, and a full

28  and complete record of all budget and expenditure actions

29  should be maintained.

30         (4)(3)  Administrative costs associated with programs

31  and providers that receive funds from the tobacco settlement

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    Florida Senate - 1999                                  SB 1948
    39-1682-99




  1  should be set at a reasonable level, consistent with

  2  best-management practices.

  3         (5)  Funds should be spent on children's health

  4  services, as provided for in the settlement, and settlement

  5  funds may be used to match federal funds available under Title

  6  XXI.

  7         (6)  Funds should be spent on the provision of health

  8  care for the elderly and disabled adults, including health

  9  care for illnesses that are related to tobacco use.

10         (7)(4)  Local law enforcement agencies, businesses, and

11  school districts should be involved in enforcement efforts as

12  appropriate to the mission of each organization.

13         (8)(5)  Funds received from the tobacco settlement may

14  not be used for advertising that includes the name, voice, or

15  likeness of any elected or appointed public official.

16         (9)(6)  Greater emphasis should be placed on funding

17  education, training, and enforcement programs, such as

18  classroom programs, "tobacco-free" sports programs,

19  peer-mentoring programs, and museum science, and discovery

20  programs, than is placed on the funding of advertising.

21         (10)  Reimbursement in the form of a nonrecurring

22  appropriation not to exceed $30 million should be provided to

23  local governments that have borne costs of tobacco-related

24  Medicaid patient care. The Agency for Health Care

25  Administration shall adopt rules for the reimbursement to

26  counties that include standards and times and ensure that

27  previously instituted indigent health care programs shall be

28  given equal consideration in the distribution of tobacco

29  settlement funds.

30         (11)  Tobacco use should be treated as substance abuse

31  for purposes of providing cessation and counseling programs.

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    Florida Senate - 1999                                  SB 1948
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  1  Youth and adult tobacco-use cessation programs, with proven

  2  effectiveness and appropriate incentives, should be supported

  3  by tobacco funds.

  4         (12)(7)  County health departments must administer

  5  funds provided to each local coalition that is not

  6  specifically granted an exemption by the Legislature.

  7  Exemptions from requirements to administer coalition programs

  8  by county health departments shall be limited to established

  9  administrative entities that meet a test of several criteria

10  established by the Department of Health and may not include

11  provider agencies that could receive funding from the

12  settlement.

13         (13)  Consideration should be given to providing

14  additional funding for public and not-for-profit hospitals,

15  clinics, and medical schools that treat patients with

16  tobacco-related illnesses, and to investing in the Med

17  Access/Medical Buy-In Program for uninsured or underinsured

18  employees of small businesses.

19         (14)(8)  Programs which raise matching funds should be

20  maximized in order to get the greatest leverage of state

21  funds.

22         (15)(9)  Grant and contract processes should be

23  competitive and objective.

24         (16)(10)  Requests for information or for proposals

25  should emphasize that performance measures will be required

26  for all contracts and grants.

27         (17)(11)  A substantial portion of the program should

28  be character-based and focused on rewarding appropriate values

29  and behavior in youth.

30         (18)(12)  Needs of the minority youth community in this

31  state should be addressed.

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    Florida Senate - 1999                                  SB 1948
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  1         Section 2.  This act shall take effect upon becoming a

  2  law.

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  5                          SENATE SUMMARY

  6    Revises guidelines to be applied by the Legislature in
      expending funds paid to the state as a result of the
  7    settlement of the lawsuit against the tobacco industry.

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