HB 847

1	A bill to be entitled
2	An act relating to cigarette tax revenues; amending s.
3	210.20, F.S.; providing for extending the period for
4	transfer of the portion of the revenues from the cigarette
5	tax to be paid monthly to the Board of Directors of the H.
6	Lee Moffitt Cancer Center and Research Institute for
7	certain purposes; authorizing use of funds to pay bonds or
8	related financial products; providing legislative intent
9	relating to debt service; amending s. 210.201, F.S.;
10	revising provisions providing for the use of transferred
11	moneys to include cancer research, treatment, and related
12	facilities; providing an effective date.
13
14	Be It Enacted by the Legislature of the State of Florida:
15
16	Section 1.  Paragraph (b) of subsection (2) of section
17	210.20, Florida Statutes, is amended to read:
18	210.20  Employees and assistants; distribution of funds.--
19	(2)  As collections are received by the division from such
20	cigarette taxes, it shall pay the same into a trust fund in the
21	State Treasury designated "Cigarette Tax Collection Trust Fund"
22	which shall be paid and distributed as follows:
23	(b)1.  Beginning January 1, 2008 1999, and continuing
24	through June 30, 2038 for 10 years thereafter, the division
25	shall from month to month certify to the Chief Financial Officer
26	the amount derived from the cigarette tax imposed by s. 210.02,
27	less the service charges provided for in s. 215.20 and less 0.9
28	percent of the amount derived from the cigarette tax imposed by
29	s. 210.02, which shall be deposited into the Alcoholic Beverage
30	and Tobacco Trust Fund, specifying an amount equal to 2.59
31	percent of the net collections, and that amount shall be paid to
32	the Board of Directors of the H. Lee Moffitt Cancer Center and
33	Research Institute, established under s. 1004.43, by warrant
34	drawn by the Chief Financial Officer upon the State Treasury.
35	These funds are hereby appropriated monthly out of the Cigarette
36	Tax Collection Trust Fund, to be used for the purpose of
37	constructing, furnishing, and equipping a cancer research,
38	treatment, and related facilities. facility at the University of
39	South Florida adjacent to the H. Lee Moffitt Cancer Center and
40	Research Institute. In fiscal years 1999-2000 and thereafter
41	with the exception of fiscal year 2008-2009, The appropriation
42	to the H. Lee Moffitt Cancer Center and Research Institute
43	authorized by this subparagraph shall not be less than the
44	amount that would have been paid to the H. Lee Moffitt Cancer
45	Center and Research Institute for fiscal year 1998-1999 had
46	payments been made for the entire fiscal year rather than for a
47	6-month period thereof.
48	2.  Beginning July 1, 2002, and continuing through June 30,
49	2004, the division shall, in addition to the distribution
50	authorized in subparagraph 1., from month to month certify to
51	the Chief Financial Officer the amount derived from the
52	cigarette tax imposed by s. 210.02, less the service charges
53	provided for in s. 215.20 and less 0.9 percent of the amount
54	derived from the cigarette tax imposed by s. 210.02, which shall
55	be deposited into the Alcoholic Beverage and Tobacco Trust Fund,
56	specifying an amount equal to 0.2632 percent of the net
57	collections, and that amount shall be paid to the Board of
58	Directors of the H. Lee Moffitt Cancer Center and Research
59	Institute, established under s. 1004.43, by warrant drawn by the
60	Chief Financial Officer. Beginning January 1, 2008 July 1, 2004,
61	and continuing through June 30, 2038 2016, the division shall,
62	in addition to the distribution authorized in subparagraph 1.,
63	from month to month certify to the Chief Financial Officer the
64	amount derived from the cigarette tax imposed by s. 210.02, less
65	the service charges provided for in s. 215.20 and less 0.9
66	percent of the amount derived from the cigarette tax imposed by
67	s. 210.02, which shall be deposited into the Alcoholic Beverage
68	and Tobacco Trust Fund, specifying an amount equal to 1.47
69	percent of the net collections, and that amount shall be paid to
70	the Board of Directors of the H. Lee Moffitt Cancer Center and
71	Research Institute, established under s. 1004.43, by warrant
72	drawn by the Chief Financial Officer. These funds are
73	appropriated monthly out of the Cigarette Tax Collection Trust
74	Fund, to be used for the purpose of constructing, furnishing,
75	and equipping a cancer research, treatment, and related
76	facilities facility at the University of South Florida adjacent
77	to the H. Lee Moffitt Cancer Center and Research Institute. In
78	fiscal years 2004-2005 and thereafter, the appropriation to the
79	H. Lee Moffitt Cancer Center and Research Institute authorized
80	by this subparagraph shall not be less than the amount that
81	would have been paid to the H. Lee Moffitt Cancer Center and
82	Research Institute in fiscal year 2001-2002, had this
83	subparagraph been in effect.
84	3.  The funds to be paid to the H. Lee Moffitt Cancer
85	Center and Research Institute under this paragraph may be
86	pledged to pay bonds and related financial products issued or
87	incurred in connection with the financing of cancer research,
88	treatment, and related facilities described in this paragraph.
89	It is the intent of the Legislature that to the extent the
90	cigarette tax is amended or repealed or the provisions of this
91	paragraph are modified in a manner that would adversely affect
92	bonds issued for such purpose, the Legislature shall provide
93	alternative funding sources in an amount sufficient to pay any
94	deficit in the amount required for such debt service.
95	Section 2.  Section 210.201, Florida Statutes, is amended
96	to read:
97	210.201  Cancer facilities research facility at the
98	University of South Florida; establishment; funding.--The Board
99	of Directors of the H. Lee Moffitt Cancer Center and Research
100	Institute shall construct, furnish, and equip, and shall
101	covenant to complete, the cancer research facility at the
102	University of South Florida adjacent to the H. Lee Moffitt
103	Cancer Center and Research Institute. Moneys transferred to the
104	Board of Directors of the H. Lee Moffitt Cancer Center and
105	Research Institute pursuant to s. 210.20 shall be used to secure
106	financing to pay, or secure bonds or financial products issued
107	or incurred in connection with the financing of, costs related
108	to constructing, furnishing, and equipping the cancer research,
109	treatment, and related facilities facility. Such financing may
110	include the issuance of tax-exempt bonds or other forms of
111	indebtedness by a local authority, municipality, or county
112	pursuant to parts II and III of chapter 159. Such bonds shall
113	not constitute state bonds for purposes of s. 11, Art. VII of
114	the State Constitution, but shall constitute bonds of a "local
115	agency," as defined in s. 159.27(4). The cigarette tax dollars
116	pledged to the facilities this facility pursuant to s. 210.20
117	may be replaced annually by the Legislature from tobacco
118	litigation settlement proceeds.
119	Section 3.  This act shall take effect upon becoming a law
120	and shall operate retroactively to January 1, 2008.

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