Senate Bill 1962c1

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



    Florida Senate - 1999                           CS for SB 1962

    By the Committee on Fiscal Policy and Senator Casas





    309-1905-99

  1                      A bill to be entitled

  2         An act relating to trust funds; creating s.

  3         17.41, F.S.; creating the Department of Banking

  4         and Finance Tobacco Settlement Clearing Trust

  5         Fund; providing for sources of moneys;

  6         providing for exemption from various service

  7         charges; providing purposes; providing for

  8         investment of such moneys; providing for

  9         disbursement of funds to the tobacco settlement

10         trust funds of the various agencies;

11         proclaiming that the trust fund is exempt from

12         constitutional termination; providing an

13         effective date.

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

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17         Section 1.  Section 17.41, Florida Statutes, is created

18  to read:

19         17.41  Department of Banking and Finance Tobacco

20  Settlement Clearing Trust Fund.--

21         (1)  The Department of Banking and Finance Tobacco

22  Settlement Clearing Trust Fund is created within that

23  department.

24         (2)  Funds to be credited to the trust fund shall

25  consist of all annual payments received by the state from

26  settlement of State of Florida v. American Tobacco Co., Case

27  No. 95-1466AH, in the Circuit Court for the Fifteenth Judicial

28  Circuit, in and for Palm Beach County, Florida. All moneys

29  received from the settlement shall be deposited into the trust

30  fund and are exempt from the service charges imposed under s.

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






    Florida Senate - 1999                           CS for SB 1962
    309-1905-99




  1  215.20. Funds shall be used for the purposes that are

  2  permitted or required by the settlement.

  3         (3)  The State Board of Administration shall invest and

  4  reinvest the moneys in the trust fund in accordance with ss.

  5  215.44-215.53. Costs and fees of the State Board of

  6  Administration for providing such investment services shall be

  7  deducted from the earnings accruing to the trust fund.

  8         (4)  The department shall disburse funds, by

  9  nonoperating transfer, from the clearing trust fund to the

10  tobacco settlement trust funds of the various agencies in

11  amounts equal to the annual appropriations made from those

12  trust funds in the General Appropriations Act.

13         (5)  Pursuant to the provisions of s. 19(f)(3), Art.

14  III of the State Constitution, the trust fund is exempt from

15  the termination provisions of s. 19(f)(2), Art. III of the

16  State Constitution.

17         Section 2.  This act shall take effect upon becoming a

18  law.

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






    Florida Senate - 1999                           CS for SB 1962
    309-1905-99




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                             SB 1962

  3

  4  Creates the Department of Banking and Finance Tobacco
    Settlement Clearing Trust Fund.
  5
    Funds credited to the trust fund shall consist of all annual
  6  payments received by the state from settlement of State of
    Florida v. American Tobacco Co., Case No. 95-1466AH, in the
  7  Circuit Court for the Fifteenth Judicial Circuit, in and for
    Palm Beach County, Florida.
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    Funds deposited into the trust fund are exempt from the
  9  general revenue service charge under section 215.20, Florida
    Statutes.
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    The State Board of Administration is responsible for investing
11  and reinvesting funds in the trust fund in accordance with
    sections 215.44 - 215.53, Florida Statutes.  The costs and
12  fees of the board for investment services are to be deducted
    from the earnings accruing to the trust fund.
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    Funds are to be disbursed from the clearing trust fund, by
14  nonoperating transfer, to the various tobacco settlement trust
    funds in the agencies in amounts equal to the annual
15  appropriations made in the General Appropriations Act.

16  The trust fund is not subject to termination under the State
    Constitution. The act is effective upon becoming a law.
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