House Bill hb0005D

    Florida House of Representatives - 2002                 HB 5-D

        By Representatives Byrd and Goodlette






  1                      A bill to be entitled

  2         An act relating to cigarette taxes; amending s.

  3         210.20, F.S.; increasing that portion of the

  4         revenues from the cigarette tax to be paid

  5         monthly to the Board of Directors of the H. Lee

  6         Moffitt Cancer Center and Research Institute to

  7         finance a cancer research facility at the

  8         University of South Florida; amending s.

  9         210.201, F.S.; providing for the use of the

10         transferred moneys; authorizing, rather than

11         requiring, replacement of such moneys by

12         tobacco settlement proceeds; providing an

13         effective date.

14

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

16

17         Section 1.  Paragraph (b) of subsection (2) of section

18  210.20, Florida Statutes, is amended to read:

19         210.20  Employees and assistants; distribution of

20  funds.--

21         (2)  As collections are received by the division from

22  such cigarette taxes, it shall pay the same into a trust fund

23  in the State Treasury designated "Cigarette Tax Collection

24  Trust Fund" which shall be paid and distributed as follows:

25         (b)1.  Beginning January 1, 1999, and continuing for 10

26  years thereafter, the division shall from month to month

27  certify to the Comptroller the amount derived from the

28  cigarette tax imposed by s. 210.02, less the service charges

29  provided for in s. 215.20 and less 0.9 percent of the amount

30  derived from the cigarette tax imposed by s. 210.02, which

31  shall be deposited into the Alcoholic Beverage and Tobacco

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    Florida House of Representatives - 2002                 HB 5-D

    577-195A-02D






  1  Trust Fund, specifying an amount equal to 2.59 percent of the

  2  net collections, and that amount shall be paid to the Board of

  3  Directors of the H. Lee Moffitt Cancer Center and Research

  4  Institute, established under s. 240.512, by warrant drawn by

  5  the Comptroller upon the State Treasury. These funds are

  6  hereby appropriated monthly out of the Cigarette Tax

  7  Collection Trust Fund, to be used for the purpose of

  8  constructing, furnishing, and equipping a cancer research

  9  facility at the University of South Florida adjacent to the H.

10  Lee Moffitt Cancer Center and Research Institute.  In fiscal

11  years 1999-2000 and thereafter with the exception of fiscal

12  year 2008-2009, the appropriation to the H. Lee Moffitt Cancer

13  Center and Research Institute authorized by this subparagraph

14  paragraph shall not be less than the amount that which would

15  have been paid to the H. Lee Moffitt Cancer Center and

16  Research Institute for fiscal year 1998-1999 had payments been

17  made for the entire fiscal year rather than for a 6-month

18  period thereof.

19         2.  Beginning July 1, 2002, and continuing through June

20  30, 2004, the division shall, in addition to the distribution

21  authorized in subparagraph 1., from month to month certify to

22  the Comptroller the amount derived from the cigarette tax

23  imposed by s. 210.02, less the service charges provided for in

24  s. 215.20 and less 0.9 percent of the amount derived from the

25  cigarette tax imposed by s. 210.02, which shall be deposited

26  into the Alcoholic Beverage and Tobacco Trust Fund, specifying

27  an amount equal to 0.2632 percent of the net collections, and

28  that amount shall be paid to the Board of Directors of the H.

29  Lee Moffitt Cancer Center and Research Institute, established

30  under s. 240.512, by warrant drawn by the Comptroller.

31  Beginning July 1, 2004, and continuing through June 30, 2016,

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    Florida House of Representatives - 2002                 HB 5-D

    577-195A-02D






  1  the division shall, in addition to the distribution authorized

  2  in subparagraph 1., from month to month certify to the

  3  Comptroller the amount derived from the cigarette tax imposed

  4  by s. 210.02, less the service charges provided for in s.

  5  215.20 and less 0.9 percent of the amount derived from the

  6  cigarette tax imposed by s. 210.02, which shall be deposited

  7  into the Alcoholic Beverage and Tobacco Trust Fund, specifying

  8  an amount equal to 1.47 percent of the net collections, and

  9  that amount shall be paid to the Board of Directors of the H.

10  Lee Moffitt Cancer Center and Research Institute, established

11  under s. 240.512, by warrant drawn by the Comptroller.  These

12  funds are appropriated monthly out of the Cigarette Tax

13  Collection Trust Fund, to be used for the purpose of

14  constructing, furnishing, and equipping a cancer research

15  facility at the University of South Florida adjacent to the H.

16  Lee Moffitt Cancer Center and Research Institute.  In fiscal

17  years 2004-2005 and thereafter, the appropriation to the H.

18  Lee Moffitt Cancer Center and Research Institute authorized by

19  this subparagraph shall not be less than the amount that would

20  have been paid to the H. Lee Moffitt Cancer Center and

21  Research Institute in fiscal year 2001-2002, had this

22  subparagraph been in effect.

23         Section 2.  Section 210.201, Florida Statutes, is

24  amended to read:

25         210.201  Cancer research facility at the University of

26  South Florida; establishment; funding.--The Board of Directors

27  of the H. Lee Moffitt Cancer Center and Research Institute

28  shall construct, furnish, and equip, and shall covenant to

29  complete, the cancer research facility at the University of

30  South Florida adjacent to the H. Lee Moffitt Cancer Center and

31  Research Institute.  Moneys transferred to the Board of

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    Florida House of Representatives - 2002                 HB 5-D

    577-195A-02D






  1  Directors of the H. Lee Moffitt Cancer Center and Research

  2  Institute pursuant to s. 210.20 shall be used to secure

  3  financing to pay costs related to constructing, furnishing,

  4  and equipping the cancer research facility.  Such financing

  5  may include the issuance of tax exempt bonds by a local

  6  authority, municipality, or county pursuant to parts II and

  7  III of chapter 159.  Such bonds shall not constitute state

  8  bonds for purposes of s. 11, Art. VII of the State

  9  Constitution, but shall constitute bonds of a "local agency,"

10  as defined in s. 159.27(4). The cigarette tax dollars pledged

11  to this facility pursuant to s. 210.20 may shall be replaced

12  annually by the Legislature from tobacco litigation settlement

13  proceeds.

14         Section 3.  This act shall take effect upon becoming a

15  law.

16

17            *****************************************

18                          HOUSE SUMMARY

19
      Increases that portion of the revenues from the cigarette
20    tax to be paid monthly to the Board of Directors of the
      H. Lee Moffitt Cancer Center and Research Institute to
21    finance a cancer research facility at the University of
      South Florida.  Provides for the use of the transferred
22    moneys.  Authorizes, rather than requires, replacement of
      such moneys by tobacco settlement proceeds.
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