HB 887

1	A bill to be entitled
2	An act relating to health care; providing legislative
3	findings; amending s. 210.01, F.S.; revising and providing
4	definitions applicable to pt. I, ch. 210, F.S., relating
5	to tax on cigarettes; amending s. 210.02, F.S.; increasing
6	the cigarette tax rate; amending s. 210.18, F.S.;
7	correcting a cross-reference; amending s. 210.20, F.S.;
8	providing definitions; requiring the Division of Alcoholic
9	Beverages and Tobacco of the Department of Business and
10	Professional Regulation to certify to the Chief Financial
11	Officer the amount of net collections derived from the
12	cigarette tax on a monthly basis; requiring the division
13	to credit specific percentages of the total base
14	allocation to certain trust funds and entities; deleting
15	obsolete and current allocation provisions; amending s.
16	210.201, F.S.; requiring the Board of Directors of the H.
17	Lee Moffitt Cancer Center and Research Institute to use
18	certain funds to secure bonds or financial products for
19	cancer research, treatment, and related facilities;
20	amending s. 210.25, F.S.; correcting a cross-reference;
21	amending s. 215.5601, F.S.; revising legislative intent;
22	directing certain moneys to be deposited into the Lawton
23	Chiles Endowment Fund from certain sources; deleting a
24	provision authorizing a reduction in certain allocations
25	to the fund; requiring a minimum fund reserve; conforming
26	a cross-reference; providing for additional members of the
27	Lawton Chiles Endowment Fund Advisory Council; amending s.
28	215.5602, F.S.; requiring the James and Esther King
29	Biomedical Research Program to appropriate a certain
30	percent of the program's annual funding to expand research
31	conducted on tobacco-related illnesses; increasing the
32	amount of funds allocated to the Florida Center for
33	Universal Research to Eradicate Disease; extending certain
34	expiration dates; amending s. 381.855, F.S.; making an
35	annual operational funding allocation to the Florida
36	Center for Universal Research to Eradicate Disease from
37	the James and Esther King Biomedical Research Program's
38	cigarette tax allocation; revising membership of an
39	advisory council; amending s. 381.922, F.S.; revising the
40	purpose of the William G. "Bill" Bankhead, Jr., and David
41	Coley Cancer Research Program to expand cancer research
42	and treatment; specifying certain goals; requiring the
43	program to provide grants for the recruitment of cancer
44	researchers and institutions, operational start-up grants
45	for newly recruited researchers, and for fixed capital
46	outlay; requiring certain proceeds to be used for certain
47	purposes; extending certain expiration dates; creating s.
48	393.55, F.S.; requiring the Agency for Persons with
49	Disabilities to apply certain revenues to fund certain
50	caseload growth; amending s. 395.6061, F.S.; designating
51	rural hospitals for certain cigarette tax revenues for
52	capital improvement projects; creating s. 400.997, F.S.;
53	providing legislative findings; requiring the Agency for
54	Health Care Administration to establish additional
55	programs under the Primary Care Access Network; specifying
56	use of funds to operate network clinics under certain
57	circumstances; requiring the agency to submit an annual
58	report to the Governor and Legislature relating to the
59	network; requiring the agency to adopt rules; creating s.
60	400.998, F.S.; requiring the Agency for Health Care
61	Administration to distribute certain cigarette tax
62	proceeds to certain health centers and clinics for certain
63	purposes; providing legislative intent; specifying
64	criteria for agency selections of centers and clinics;
65	requiring the agency to establish an application
66	submission and evaluation process; providing for creation
67	of a review panel; requiring the review panel to consider
68	specified criteria; requiring funding recipients to
69	provide project reports; authorizing the agency to
70	contract with a specified entity to administer the program
71	and provide assistance; requiring the agency to adopt
72	rules; amending s. 951.22, F.S.; correcting cross-
73	references; providing that cigarettes in inventory as of
74	the effective date of the act are subject to the increase
75	in taxes imposed by the act pursuant to s. 210.02, F.S.;
76	repealing s. 381.92, F.S., relating to Florida Cancer
77	Council; repealing s. 381.921, F.S., relating to the
78	missions and duties of the Florida Cancer Council;
79	providing effective dates.
80
81	Be It Enacted by the Legislature of the State of Florida:
82
83	Section 1.  The Legislature finds that tobacco consumption,
84	which causes nearly one-third of all cancer deaths and
85	contributes substantially to Florida's second-highest relative
86	cancer burden in the nation, dramatically impacts the state's
87	Medicaid budget and that a substantial deficit has been created
88	between what consumers pay in related excise or privilege fees
89	and what the state actually incurs in health care costs. The
90	Legislature further finds that the imposition of a tax on
91	cigarettes should be at least commensurate with the projected
92	governmental costs associated with the consumption of
93	cigarettes. The Legislature further finds that revenues derived
94	from such taxes should apply to health care, with an emphasis
95	given to measures for which there is a connection between
96	cigarette consumption and the tax revenue generated from the
97	consumption of cigarettes. Moreover, the Legislature finds that
98	the state is falling woefully behind the needed capacity to deal
99	with Florida's inordinately high burden related to cancer, as
100	well as other diseases, and that dramatic enhancement of the
101	state's core medical capacity, including primary care and
102	research, mental health and substance abuse, and persons with
103	disabilities, will significantly improve the ability to serve
104	the health care needs of all residents of this state.
105	Section 2.  Section 210.01, Florida Statutes, is amended to
106	read:
107	210.01  Definitions.--As When used in this part, the term
108	the following words shall have the meaning herein indicated:
109	(1)  "Agency" means the Agency for Health Care
110	Administration.
111	(2)(9)  "Agent" means any person authorized by the Division
112	of Alcoholic Beverages and Tobacco to purchase and affix
113	adhesive or meter stamps under this part.
114	(3)(1)  "Cigarette" means any roll for smoking, except one
115	of which the tobacco is fully naturally fermented, without
116	regard to the kind of tobacco or other substances used in the
117	inner roll or the nature or composition of the material in which
118	the roll is wrapped, which is made wholly or in part of tobacco
119	irrespective of size or shape and whether such tobacco is
120	flavored, adulterated, or mixed with any other ingredient.
121	(4)  "Cigarette tax" means the tax imposed by s. 210.02.
122	(5)  "Council" means the Biomedical Research Advisory
123	Council within the Department of Health established in s.
124	215.5602.
125	(6)(22)  "Counterfeit cigarettes" means cigarettes that
126	have false manufacturing labels, tobacco product packs with
127	counterfeit tax stamps, or any combination thereof.
128	(7)(5)  "Dealer" means any wholesale dealer as hereinafter
129	defined.
130	(8)(14)  "Distributing agent" means every person, firm, or
131	corporation in this state who acts as an agent for any person,
132	firm, or corporation outside or inside the state by receiving
133	cigarettes in interstate or intrastate commerce and storing such
134	cigarettes subject to distribution or delivery upon order from
135	said principal to wholesale dealers and other distributing
136	agents inside or outside this state.
137	(9)(10)  "Division" means the Division of Alcoholic
138	Beverages and Tobacco of the Department of Business and
139	Professional Regulation.
140	(10)(17)  "Exporter" means a person who transports tax-
141	exempt cigarettes into this state under bond for delivery beyond
142	the borders of this state. Each permit entitles shall entitle
143	the permittee to store such cigarettes under bond at one
144	location in this state pending shipment beyond the borders of
145	this state.
146	(11)(12)  "First sale" means the first use or consumption
147	of cigarettes within this state.
148	(12)(20)  "Importer" means any person with a valid permit
149	under 26 U.S.C. s. 5712 who imports into the United States,
150	directly or indirectly, a finished cigarette for sale or
151	distribution.
152	(13)(21)  "Manufacturer" means any domestic person or
153	entity with a valid permit under 26 U.S.C. s. 5712 that
154	manufactures, fabricates, assembles, processes, or labels a
155	finished cigarette.
156	(14)(16)  "Manufacturer's representative" means a person
157	who represents a manufacturer of cigarettes but who has no place
158	of business in this state where cigarettes are stored. A
159	manufacturer's representative shall is required to obtain any
160	cigarettes required by her or him through a wholesale dealer in
161	this state and to make such reports as may be required by the
162	Division of Alcoholic Beverages and Tobacco of the Department of
163	Business and Professional Regulation.
164	(15)  "Net collections" means 99.5 percent of total
165	collections less the service charge prescribed in s. 215.20.
166	(16)(13)  "Operating ad valorem millage" means all millages
167	other than those fixed for debt service.
168	(17)(8)  "Package" means the individual package, box, or
169	other container in or from which retail sales of cigarettes are
170	normally made or intended to be made.
171	(18)(2)  "Persons" means any individual, copartnership,
172	society, club, association, corporation, joint stock company,
173	and any combination of individuals and also an executor,
174	administrator, receiver, trustee, or other fiduciary.
175	(19)(15)  "Place of business" means any place where
176	cigarettes are sold or where cigarettes are stored or kept for
177	the purpose of sale or consumption; or, if cigarettes are sold
178	from a vending machine, the place in which the vending machine
179	is located.
180	(20)(7)  "Retail dealer" means any person located inside or
181	outside this state other than a wholesale dealer engaged in the
182	business of selling cigarettes, including persons issued a
183	permit pursuant to s. 569.003.
184	(21)(4)  "Retail sale" or "sale at retail" means a sale to
185	a consumer or to any person for any purpose other than resale.
186	(22)(3)  "Sale" means any transfer, exchange, or barter in
187	any manner, or by any means whatever.
188	(23)(19)  "Stamp" or "stamps" means the indicia required to
189	be placed on cigarette packages that evidence payment of the tax
190	on cigarettes under s. 210.02.
191	(24)  "Total collections" means the total amount
192	derived from the cigarette tax during a specified period.
193	(25)(18)  "Unstamped package" or "unstamped cigarettes"
194	means a package on which the tax required by this part has not
195	been paid, regardless of whether or not such package is stamped
196	or marked with the indicia of any other taxing authority, or a
197	package on which there has been affixed a counterfeit or
198	fraudulent indicium or stamp.
199	(26)(11)  "Use" means the consuming, giving away, or
200	disposing, in any manner, of cigarettes.
201	(27)(6)  "Wholesale dealer" means any person located inside
202	or outside this state who sells cigarettes to retail dealers or
203	other persons for purposes of resale only. Such term does shall
204	not include any cigarette manufacturer, export warehouse
205	proprietor, or importer with a valid permit under 26 U.S.C. s.
206	5712 if such person sells or distributes cigarettes in this
207	state only to dealers who are agents and who hold valid and
208	current permits under s. 210.15 or to any cigarette
209	manufacturer, export warehouse proprietor, or importer who holds
210	a valid and current permit under 26 U.S.C. s. 5712.
211	Section 3.  Section 210.02, Florida Statutes, is amended to
212	read:
213	210.02  Cigarette tax imposed; collection.--
214	(1)  An excise or privilege tax, in addition to all other
215	taxes of every kind imposed by law, is imposed upon the sale,
216	receipt, purchase, possession, consumption, handling,
217	distribution, and use of cigarettes in this state, in the
218	following amounts, except as hereinafter otherwise provided, for
219	cigarettes of standard dimensions:
220	(a)  Upon all cigarettes weighing not more than 3 pounds
221	per thousand, 49.5 16.95 mills on each cigarette.
222	(b)  Upon all cigarettes weighing more than 3 pounds per
223	thousand and not more than 6 inches long, 99 33.9 mills on each
224	cigarette.
225	(c)  Upon all cigarettes weighing more than 3 pounds per
226	thousand and more than 6 inches long, 198 67.8 mills on each
227	cigarette.
228	(2)  The descriptions description of cigarettes contained
229	in paragraphs (1)(a), (b), and (c) of subsection (1) are hereby
230	declared to be standard as to dimensions for taxing purposes as
231	provided in this section, law and if should any cigarette is be
232	received, purchased, possessed, sold, offered for sale, given
233	away, or used of a size other than of standard dimensions, the
234	same shall be assessed taxed at the rate of 4.12 1.41 cents on
235	each such cigarette.
236	(3)  When cigarettes as described in paragraph (1)(a) are
237	packed in varying quantities of 20 cigarettes or fewer less,
238	except manufacturer's free samples authorized under s.
239	210.04(9), the following rate shall govern:
240	(a)  Packages containing 10 cigarettes or fewer less
241	require a 49.5-cent 16.95-cent tax.
242	(b)  Packages containing more than 10 but not more than 20
243	cigarettes require a 99-cent 33.9-cent tax.
244	(4)  When cigarettes as described in paragraph (1)(b) are
245	packed in varying quantities of 20 cigarettes or fewer less,
246	except manufacturer's free samples authorized under s.
247	210.04(9), the following rates shall govern:
248	(a)  Packages containing 10 cigarettes or fewer less
249	require a 99-cent 33.9-cent tax.
250	(b)  Packages containing more than 10 but not more than 20
251	cigarettes require a 198-cent 67.8-cent tax.
252	(5)  When cigarettes as described in paragraph (1)(c) are
253	packed in varying quantities of 20 cigarettes or fewer less,
254	except manufacturer's free samples authorized under s.
255	210.04(9), the following rates shall govern:
256	(a)  Packages containing 10 cigarettes or fewer less
257	require a 198-cent 67.8-cent tax.
258	(b)  Packages containing more than 10 but not more than 20
259	cigarettes require a 396-cent 135.6-cent tax.
260	(6)  This tax shall be paid by the dealer to the division
261	for deposit and distribution as hereinafter provided upon the
262	first sale or transaction within the state, whether or not such
263	sale or transfer is be to the ultimate purchaser or consumer.
264	The seller or dealer shall collect the tax from the purchaser or
265	consumer, and the purchaser or consumer shall pay the tax to the
266	seller. The seller or dealer is shall be responsible for the
267	collection of the tax and the payment of the same to the
268	division. All taxes are due not later than the 10th day of the
269	month following the calendar month in which they were incurred,
270	and thereafter must shall bear interest at the rate of 1 percent
271	per month. If the amount of tax due for a given period is
272	assessed without allocating it to any particular month, the
273	interest begins shall begin with the date of the assessment.
274	Whenever cigarettes are shipped from outside the state to anyone
275	other than a distributing agent or wholesale dealer, the person
276	receiving the cigarettes is shall be responsible for the tax on
277	said cigarettes and the payment of same to the division.
278	(7)  It is the legislative intent that the tax on
279	cigarettes shall be uniform throughout the state.
280	Section 4.  Subsection (10) of section 210.18, Florida
281	Statutes, is amended to read:
282	210.18  Penalties for tax evasion; reports by sheriffs.--
283	(10)  It is unlawful to sell or possess with the intent to
284	sell counterfeit cigarettes, as defined in s. 210.01(22).
285	(a)  A person who does not hold a permit or holds a retail
286	permit under the provisions of this chapter and who violates
287	this subsection commits a felony of the third degree, punishable
288	as provided in s. 775.082, s. 775.083, or s. 775.084, and is
289	subject to the imposition of fines and additional penalties as
290	follows:
291	1.  If the quantity of counterfeit cigarettes sold or
292	possessed with the intent to sell is less than two cartons or
293	the equivalent, the fine for a first violation shall not exceed
294	$1,000 or five times the retail value of the counterfeit
295	cigarettes, whichever is greater. A subsequent violation may
296	result in the imposition of a fine not to exceed $5,000 or five
297	times the retail value of the counterfeit cigarettes, whichever
298	is greater, and shall result in revocation of the retail permit
299	by the division.
300	2.  If the quantity of counterfeit cigarettes sold or
301	possessed with the intent to sell is two cartons or more or the
302	equivalent, the fine for a first violation shall not exceed
303	$2,000 or five times the retail value of the counterfeit
304	cigarettes, whichever is greater. A subsequent violation may
305	result in the imposition of a fine not to exceed $50,000 or five
306	times the retail value of the counterfeit cigarettes, whichever
307	is greater, and shall result in revocation of the retail permit
308	by the division.
309	(b)  A person who holds a permit, other than a retail
310	permit, under the provisions of this chapter and who violates
311	this subsection commits a felony of the third degree, punishable
312	as provided in s. 775.082, s. 775.083, or s. 775.084, and is
313	subject to the imposition of fines and additional penalties as
314	follows:
315	1.  If the quantity of counterfeit cigarettes sold or
316	possessed with the intent to sell is less than 10 cartons or the
317	equivalent, the fine for a first violation shall not exceed
318	$1,000 or five times the retail value of the counterfeit
319	cigarettes, whichever is greater. A subsequent violation may
320	result in the imposition of a fine not to exceed $5,000 or five
321	times the retail value of the counterfeit cigarettes, whichever
322	is greater, and shall result in revocation of the permit by the
323	division.
324	2.  If the quantity of counterfeit cigarettes sold or
325	possessed with the intent to sell is 10 cartons or more or the
326	equivalent, the fine for a first violation shall not exceed
327	$2,000 or five times the retail value of the counterfeit
328	cigarettes, whichever is greater. A subsequent violation may
329	result in the imposition of a fine not to exceed $50,000 or five
330	times the retail value of the counterfeit cigarettes, whichever
331	is greater, and shall result in revocation of the permit by the
332	division.
333
334	For purposes of this subsection, any counterfeit cigarettes
335	seized by the division shall be destroyed.
336	Section 5.  Section 210.20, Florida Statutes, is amended to
337	read:
338	210.20  Employees and assistants; distribution of funds.--
339	(1)  The division under the applicable rules of the
340	Department of Management Services shall have the power to employ
341	such employees and assistants and incur such other expenses as
342	may be necessary for the administration of this part, within the
343	limits of an appropriation for the operation of the Department
344	of Business and Professional Regulation as may be authorized by
345	the General Appropriations Act.
346	(2)(a)  As collections are received by the division from
347	the tax on cigarettes such cigarette taxes, it shall pay the
348	same into a trust fund in the State Treasury designated
349	"Cigarette Tax Collection Trust Fund." which shall be paid and
350	distributed as follows:
351	(b)(a)  The division shall from month to month certify to
352	the Chief Financial Officer the amount of net collections
353	derived from the cigarette tax imposed by s. 210.02, less the
354	service charges provided for in s. 215.20 and less 0.9 percent
355	of the amount derived from the cigarette tax imposed by s.
356	210.02, which shall be deposited into the Alcoholic Beverage and
357	Tobacco Trust Fund, specifying the amounts to be transferred
358	from the Cigarette Tax Collection Trust Fund and credited on the
359	following bases; however, the division shall first deposit
360	monthly into the Alcoholic Beverage and Tobacco Trust Fund an
361	amount equal to the sum of 0.5 percent of total collections and
362	the service charge on total collection provided for in s. 215.20
363	as follows:
364	1.  The sum basis of 1.3919 2.9 percent of the total base
365	allocation net collections to the Revenue Sharing Trust Fund for
366	Counties for distribution pursuant to the Florida Revenue
367	Sharing Act.
368	2.  The sum of 14.3215 and 29.3 percent of the total base
369	allocation to the Public Medical Assistance Trust Fund net
370	collections for the funding of indigent health care pursuant to
371	s. 409.918 to the Public Medical Assistance Trust Fund.
372	3.  The sum of 1.8973 percent of the total base allocation
373	to the H. Lee Moffitt Cancer Center and Research Institute
374	established in s. 1004.43, which shall be paid on a monthly
375	basis to the center's board of directors by warrant drawn by the
376	Chief Financial Officer upon the State Treasury. The revenues
377	derived from this allocation are separate and distinct from any
378	funds allocated to the H. Lee Moffitt Cancer Center through the
379	James and Esther King Biomedical Research Program or the
380	Bankhead-Coley Cancer Research Program. Funds derived pursuant
381	this subparagraph shall be used for the purpose of constructing,
382	furnishing, and equipping research, treatment, and related
383	facilities. The appropriation to the H. Lee Moffitt Cancer
384	Center and Research Institute authorized by this subparagraph
385	may not be less than the amount that would have been paid to the
386	H. Lee Moffitt and Cancer Research Institute for the 2007-2008
387	fiscal year had this subparagraph been in effect.
388	4.  The sum of 0.9331 percent of the total base allocation
389	to the Shands at the University of Florida Cancer Hospital. The
390	revenues derived from this allocation are separate and distinct
391	from any funds allocated to the Shands at the University of
392	Florida Cancer Hospital through the James and Esther King
393	Biomedical Research Program or the Bankhead-Coley Cancer
394	Research Program. Funds derived pursuant this subparagraph shall
395	be used for the purposes of constructing, furnishing, and
396	equipping research, treatment, and related facilities, and may
397	include the recruitment and retention of faculty or other
398	personnel related to research programs.
399	5.  The sum of 0.9331 percent of the total base allocation
400	to the Sylvester Comprehensive Cancer Center at the University
401	of Miami Miller School of Medicine. The revenues derived from
402	this allocation are separate and distinct from any funds
403	allocated to the Sylvester Comprehensive Cancer Center at the
404	University of Miami Miller School of Medicine through the James
405	and Esther King Biomedical Research Program or the Bankhead-
406	Coley Cancer Research Program. Funds derived pursuant this
407	subparagraph shall be used for the purposes of constructing,
408	furnishing, and equipping research, treatment, and related
409	facilities and may include the recruitment and retention of
410	faculty or other personnel related to research programs.
411	6.  The sum of 5.9716 percent of the total base allocation
412	to the Biomedical Research Trust Fund for distribution by the
413	Biomedical Research Advisory Council to grantees of the James
414	and Esther King Biomedical Research Program authorized pursuant
415	to s. 215.5602 and the Bankhead-Coley Cancer Research Program
416	authorized pursuant to s. 381.922, with such programs dividing
417	equally the allocation derived from this subparagraph. The
418	provisions of ss. 215.5602 and 381.922 shall determine the
419	methods of distribution under the respective programs.
420	7.  The sum of 3.7323 percent of the total base allocation
421	to the Lawton Chiles Endowment Fund.
422	8.  The sum of 0.5598 percent of the total base allocation
423	for the enhancement of rural hospital facilities as prescribed
424	in s. 395.6061.
425	9.  The sum of 12.4409 percent of the total base allocation
426	to the Agency for Persons With Disabilities for the purposes
427	prescribed in chapter 393. Such revenues shall be used to fund
428	additional caseload over that which existed during fiscal year
429	2008-2009.
430	10.  The sum of 0.1866 percent of the total base allocation
431	to the Miami Project to Cure Paralysis for the purposes of
432	conducting research.
433	11.  The sum of 0.3732 percent of the total base allocation
434	to the Diabetes Research Institute for the purposes of
435	conducting research.
436	12.  The sum of 8.0866 percent of the total base allocation
437	to the Agency for Health Care Administration for distribution to
438	federally qualified health centers, county health department
439	clinics, and free clinics, for the purposes enumerated in s.
440	400.998.
441	13.  The sum of 0.3732 percent of the total base allocation
442	to the Grants and Donations Trust Fund of the Department of
443	Children and Family Services for purposes of making grants to
444	centers treating child victims of sexual abuse.
445	14.  The sum of 1.7417 percent of the total base allocation
446	to the Grants and Donations Trust Fund of the Department of
447	Children and Family Services for purposes of making grants to
448	community mental health agencies under the Department of
449	Children and Family Services.
450	15.  The sum of 0.3732 percent of the total base allocation
451	to the Agency for Health Care Administration for the operation
452	of primary care access networks, as prescribed in s. 400.997.
453	16.  The sum of 0.3732 percent of the total base allocation
454	to La Liga Contra el Cancer for the purposes of providing direct
455	services to patients with cancer.
456	(b)1.  Beginning January 1, 1999, and continuing for 10
457	years thereafter, the division shall from month to month certify
458	to the Chief Financial Officer the amount derived from the
459	cigarette tax imposed by s. 210.02, less the service charges
460	provided for in s. 215.20 and less 0.9 percent of the amount
461	derived from the cigarette tax imposed by s. 210.02, which shall
462	be deposited into the Alcoholic Beverage and Tobacco Trust Fund,
463	specifying an amount equal to 2.59 percent of the net
464	collections, and that amount shall be paid to the Board of
465	Directors of the H. Lee Moffitt Cancer Center and Research
466	Institute, established under s. 1004.43, by warrant drawn by the
467	Chief Financial Officer upon the State Treasury. These funds are
468	hereby appropriated monthly out of the Cigarette Tax Collection
469	Trust Fund, to be used for the purpose of constructing,
470	furnishing, and equipping a cancer research facility at the
471	University of South Florida adjacent to the H. Lee Moffitt
472	Cancer Center and Research Institute. In fiscal years 1999-2000
473	and thereafter with the exception of fiscal year 2008-2009, the
474	appropriation to the H. Lee Moffitt Cancer Center and Research
475	Institute authorized by this subparagraph shall not be less than
476	the amount that would have been paid to the H. Lee Moffitt
477	Cancer Center and Research Institute for fiscal year 1998-1999
478	had payments been made for the entire fiscal year rather than
479	for a 6-month period thereof.
480	2.  Beginning July 1, 2002, and continuing through June 30,
481	2004, the division shall, in addition to the distribution
482	authorized in subparagraph 1., from month to month certify to
483	the Chief Financial Officer the amount derived from the
484	cigarette tax imposed by s. 210.02, less the service charges
485	provided for in s. 215.20 and less 0.9 percent of the amount
486	derived from the cigarette tax imposed by s. 210.02, which shall
487	be deposited into the Alcoholic Beverage and Tobacco Trust Fund,
488	specifying an amount equal to 0.2632 percent of the net
489	collections, and that amount shall be paid to the Board of
490	Directors of the H. Lee Moffitt Cancer Center and Research
491	Institute, established under s. 1004.43, by warrant drawn by the
492	Chief Financial Officer. Beginning July 1, 2004, and continuing
493	through June 30, 2016, the division shall, in addition to the
494	distribution authorized in subparagraph 1., from month to month
495	certify to the Chief Financial Officer the amount derived from
496	the cigarette tax imposed by s. 210.02, less the service charges
497	provided for in s. 215.20 and less 0.9 percent of the amount
498	derived from the cigarette tax imposed by s. 210.02, which shall
499	be deposited into the Alcoholic Beverage and Tobacco Trust Fund,
500	specifying an amount equal to 1.47 percent of the net
501	collections, and that amount shall be paid to the Board of
502	Directors of the H. Lee Moffitt Cancer Center and Research
503	Institute, established under s. 1004.43, by warrant drawn by the
504	Chief Financial Officer. These funds are appropriated monthly
505	out of the Cigarette Tax Collection Trust Fund, to be used for
506	the purpose of constructing, furnishing, and equipping a cancer
507	research facility at the University of South Florida adjacent to
508	the H. Lee Moffitt Cancer Center and Research Institute. In
509	fiscal years 2004-2005 and thereafter, the appropriation to the
510	H. Lee Moffitt Cancer Center and Research Institute authorized
511	by this subparagraph shall not be less than the amount that
512	would have been paid to the H. Lee Moffitt Cancer Center and
513	Research Institute in fiscal year 2001-2002, had this
514	subparagraph been in effect.
515	(3) After all distributions hereinabove provided for have
516	been made, the balance of the revenue produced from the tax
517	imposed by this part shall be deposited in the General Revenue
518	Fund.
519	Section 6.  Section 210.201, Florida Statutes, is amended
520	to read:
521	210.201  Cancer facilities research facility at the
522	University of South Florida; establishment; funding.--The Board
523	of Directors of the H. Lee Moffitt Cancer Center and Research
524	Institute shall construct, furnish, and equip, and shall
525	covenant to complete, the cancer research facility at the
526	University of South Florida adjacent to the H. Lee Moffitt
527	Cancer Center and Research Institute. Moneys transferred to the
528	Board of Directors of the H. Lee Moffitt Cancer Center and
529	Research Institute pursuant to s. 210.20 shall be used to secure
530	financing to pay or secure bonds or financial products issued or
531	incurred in connection with the financing of costs related to
532	constructing, furnishing, and equipping the cancer research,
533	treatment, and related facilities facility. Such financing may
534	include the issuance of tax-exempt bonds or other forms of
535	indebtedness by a local authority, municipality, or county
536	pursuant to parts II and III of chapter 159. Such bonds shall
537	not constitute state bonds for purposes of s. 11, Art. VII of
538	the State Constitution, but shall constitute bonds of a "local
539	agency," as defined in s. 159.27(4). The cigarette tax dollars
540	pledged to the facilities this facility pursuant to s. 210.20
541	may be replaced annually by the Legislature from tobacco
542	litigation settlement proceeds.
543	Section 7.  Subsection (11) of section 210.25, Florida
544	Statutes, is amended to read:
545	210.25  Definitions.--As used in this part:
546	(11)  "Tobacco products" means loose tobacco suitable for
547	smoking; snuff; snuff flour; cavendish; plug and twist tobacco;
548	fine cuts and other chewing tobaccos; shorts; refuse scraps;
549	clippings, cuttings, and sweepings of tobacco, and other kinds
550	and forms of tobacco prepared in such manner as to be suitable
551	for chewing; but "tobacco products" does not include cigarettes,
552	as defined in by s. 210.01(1), or cigars.
553	Section 8.  Paragraph (d) of subsection (1), paragraphs
554	(b), (c), and (d) of subsection (3), paragraph (b) of subsection
555	(4), and paragraph (a) of subsection (6) of section 215.5601,
556	Florida Statutes, as amended by section 49 of chapter 2008-153,
557	Laws of Florida, are amended to read:
558	215.5601  Lawton Chiles Endowment Fund.--
559	(1)  LEGISLATIVE INTENT.--It is the intent of the
560	Legislature to:
561	(d)  Provide funds to help support public-health and
562	biomedical research for the prevention, diagnosis, treatment,
563	and cure of diseases related to tobacco use by creating an
564	annual and perpetual source of funding for biomedical research
565	in the state in order to expand the foundation of biomedical
566	knowledge relating to the prevention, diagnosis, treatment, and
567	cure of diseases related to tobacco use, including cancer,
568	cardiovascular disease, stroke, and pulmonary disease; improve
569	the quality of the state's academic health centers by bringing
570	the advances of biomedical research into the training of
571	physicians and other health care providers; and increase the
572	state's per capita funding for biomedical research by
573	undertaking new initiatives in biomedical research which will
574	attract additional researchers, as well as funding, from outside
575	the state while also stimulating economic activity in the state
576	in areas related to biomedical research, such as the research
577	and production of pharmaceuticals, biotechnology, and medical
578	devices.
579	(3)  LAWTON CHILES ENDOWMENT FUND; CREATION; PRINCIPAL.--
580	(b)  The endowment shall receive moneys from the sale of
581	the state's right, title, and interest in and to the tobacco
582	settlement agreement as defined in s. 215.56005, including the
583	right to receive payments under such agreement, and from
584	accounts transferred from the Department of Financial Services
585	Tobacco Settlement Clearing Trust Fund established under s.
586	17.41. Amounts to be transferred from the Department of
587	Financial Services Tobacco Settlement Clearing Trust Fund to the
588	endowment shall be in the following amounts for the following
589	fiscal years:
590	1.  For fiscal year 1999-2000, $1.1 billion.;
591	2.  For fiscal year 2000-2001, $200 million.;
592	3.  For fiscal year 2001-2002, $200 million.;
593	4.  For fiscal year 2002-2003, $200 million.; and
594	5.  For fiscal year 2009-2010 and each fiscal year
595	thereafter, moneys allocated to the Lawton Chiles Endowment Fund
596	from designated revenues generated by s. 210.20.
597	(c)  Amounts to be transferred under subparagraphs (b)2.,
598	3., and 4. may be reduced by an amount equal to the lesser of
599	$200 million or the amount the endowment receives in that fiscal
600	year from the sale of the state's right, title, and interest in
601	and to the tobacco settlement agreement.
602	(c)(d)  The sum of For fiscal year 2001-2002, $150 million
603	of the existing principal in the endowment shall be reserved and
604	accounted for within the endowment, the income from which shall
605	be used solely for the funding for biomedical research
606	activities as provided in s. 215.5602. The income from the
607	remaining principal shall be used solely as the source of
608	funding for health and human services programs for children and
609	elders as provided in subsection (5). The separate account for
610	biomedical research shall be dissolved and the entire principal
611	in the endowment shall be used exclusively for health and human
612	services programs when cures have been found for tobacco-related
613	cancer, heart, and lung disease.
614	(4)  ADMINISTRATION.--
615	(b)  The endowment shall be managed as an annuity. The
616	investment objective shall be long-term preservation of the real
617	value of the principal and a specified regular annual cash
618	outflow for appropriation, as nonrecurring revenue. From the
619	annual cash outflow, a pro rata share shall be used solely for
620	biomedical research activities as provided in paragraph
621	(3)(c)(d), until such time as cures are found for tobacco-
622	related cancer and heart and lung disease. Five percent of the
623	annual cash outflow dedicated to the biomedical research portion
624	of the endowment shall be reinvested and applied to that portion
625	of the endowment's principal, with the remainder to be spent on
626	biomedical research activities consistent with this section. The
627	schedule of annual cash outflow shall be included within the
628	investment plan adopted under paragraph (a).
629	(6)  ADVISORY COUNCIL.--The Lawton Chiles Endowment Fund
630	Advisory Council is established for the purpose of reviewing the
631	funding priorities of the state agencies, evaluating their
632	requests against the mission and goals of the agencies and
633	legislative intent for the use of endowment funds, and allowing
634	for public input and advocacy.
635	(a)  The advisory council shall consist of 17 15 members,
636	including:
637	1.  The director of the United Way of Florida, Inc., or his
638	or her designee;
639	2.  The director of the Foster Parents Association, or his
640	or her designee;
641	3.  The chair of the Department of Elderly Affairs Advisory
642	Council, or his or her designee;
643	4.  The president of the Florida Association of Area
644	Agencies on Aging, or his or her designee;
645	5.  The State Long-Term Care Ombudsman, or his or her
646	designee;
647	6.  The state director of the Florida AARP, or his or her
648	designee;
649	7.  The director of the Florida Pediatric Society, or his
650	or her designee;
651	8.  A representative of the Guardian Ad Litem Program,
652	appointed by the Governor;
653	9.  A representative of a child welfare lead agency for
654	community-based care, appointed by the Governor;
655	10.  A representative of an elder care lead agency for
656	community-based care, appointed by the Governor;
657	11.  A representative of a statewide child advocacy
658	organization, appointed by the Governor;
659	12.  One consumer caregiver for children, appointed by the
660	Governor;
661	13.  One person over the age of 60 years to represent the
662	interests of elders, appointed by the Governor;
663	14.  One person under the age of 18 years to represent the
664	interests of children, appointed by the Governor; and
665	15.  One consumer caregiver for a functionally impaired
666	elderly person, appointed by the Governor.
667	16.  One representative of a public health organization
668	with a major interest in tobacco control, appointed by the
669	Governor.
670	17.  One consumer who is currently eligible for benefits
671	under Title XIX of the Medicaid Program.
672	Section 9.  Subsections (1), (2), (12), (13), (14), and
673	(15) of section 215.5602, Florida Statutes, as amended by
674	chapter 2009-5, Laws of Florida, are amended to read:
675	215.5602  James and Esther King Biomedical Research
676	Program.--
677	(1)  There is established within the Department of Health
678	the James and Esther King Biomedical Research Program funded by
679	the designated proceeds of s. 210.20, as well as any prescribed
680	portion of the Lawton Chiles Endowment Fund pursuant to s.
681	215.5601. The purpose of the James and Esther King Biomedical
682	Research Program is to provide an annual and perpetual source of
683	funding in order to support research initiatives that address
684	the health care problems of Floridians in the areas of tobacco-
685	related cancer, cardiovascular disease, stroke, and pulmonary
686	disease. The long-term goals of the program are to:
687	(a)  Improve the health of Floridians by researching better
688	prevention, diagnoses, treatments, and cures for cancer,
689	cardiovascular disease, stroke, and pulmonary disease.
690	(b)  Expand the foundation of biomedical knowledge relating
691	to the prevention, diagnosis, treatment, and cure of diseases
692	related to tobacco use, including cancer, cardiovascular
693	disease, stroke, and pulmonary disease.
694	(c)  Improve the quality of the state's academic health
695	centers by bringing the advances of biomedical research into the
696	training of physicians and other health care providers.
697	(d)  Increase the state's per capita funding for research
698	by undertaking new initiatives in public health and biomedical
699	research that will attract additional funding from outside the
700	state.
701	(e)  Stimulate economic activity in the state in areas
702	related to biomedical research, such as the research and
703	production of pharmaceuticals, biotechnology, and medical
704	devices.
705	(f)  Expand the research capacity and infrastructure needed
706	to conduct research on tobacco-related illnesses, with the
707	provision of fixed capital outlay project funding as determined
708	by the Biomedical Research Advisory Council within the program's
709	annual appropriation and up to 25 percent of the program's
710	annual funding allocation applied for this purpose by the
711	council, provided that grant recipients receiving fixed capital
712	outlay must use matching funds of at least 50 percent of the
713	award from the council.
714	(2)  Funds appropriated for the James and Esther King
715	Biomedical Research Program shall be used exclusively for the
716	award of grants and fellowships as established in this section;
717	for research relating to the prevention, diagnosis, treatment,
718	and cure of diseases related to tobacco use, including cancer,
719	cardiovascular disease, stroke, and pulmonary disease; for
720	expenditures related to the expansion of tobacco-related
721	research capacity and infrastructure within the state, including
722	the provision of capital outlay costs to achieve such purpose;
723	and for expenses incurred in the administration of this section.
724	Priority shall be granted to research designed to prevent or
725	cure disease.
726	(12)  For the 2008-2009 fiscal year 2009-2010 and each
727	fiscal year thereafter, the sum of $4.5 million is appropriated
728	annually from recurring funds in the General Revenue Fund to the
729	Biomedical Research Trust Fund within the Department of Health
730	for purposes of the James and Esther King Biomedical Research
731	Program pursuant to this section. From these funds up to
732	$750,000 $250,000 shall be available for the operating costs of
733	the Florida Center for Universal Research to Eradicate Disease.
734	Beginning in fiscal year 2010-2011, up to $750,000 shall be
735	available for such operating costs from the annual allocation to
736	the James and Esther King Biomedical Research Program pursuant
737	to s. 210.20.
738	(13)  By June 1, 2017 2009, the Division of Statutory
739	Revision of the Office of Legislative Services shall certify to
740	the President of the Senate and the Speaker of the House of
741	Representatives the language and statutory citation of this
742	section, which is scheduled to expire January 1, 2018 2011.
743	(14)  The Legislature shall review the performance, the
744	outcomes, and the financial management of the James and Esther
745	King Biomedical Research Program during the 2017 2010 Regular
746	Session of the Legislature and shall determine the most
747	appropriate funding source and means of funding the program
748	based on its review.
749	(15)  This section expires January 1, 2018 2011, unless
750	reviewed and reenacted by the Legislature before that date.
751	Section 10.  Subsections (5), (6), and (7) of section
752	381.855, Florida Statutes, are renumbered as subsections (6),
753	(7), and (8), respectively, a new subsection (5) is added to
754	that section, and present subsection (6) of that section is
755	amended, to read:
756	381.855  Florida Center for Universal Research to Eradicate
757	Disease.--
758	(5)  Beginning in fiscal year 2009-2010, the center shall
759	receive for its operations an annual sum of up to $750,000 from
760	the allocation designated in s. 210.20 for the James and Esther
761	King Biomedical Research Program created pursuant to s.
762	215.5602.
763	(6)(5)  There is established within the center an advisory
764	council that shall meet at least annually.
765	(a)  The council shall consist of one representative from a
766	Florida not-for-profit institution engaged in basic and clinical
767	biomedical research and education which receives more than $10
768	million in annual grant funding from the National Institutes of
769	Health, to be appointed by the State Surgeon General from a
770	different institution each term, and one representative from and
771	appointed by each of the following entities:
772	1.  Enterprise Florida, Inc.
773	2.  BioFlorida.
774	3.  The Biomedical Research Advisory Council.
775	4.  The Florida Medical Foundation.
776	5.  Pharmaceutical Research and Manufacturers of America.
777	6.  The Florida Cancer Council.
778	6.7.  The American Cancer Society, Florida Division, Inc.
779	7.8.  The American Heart Association, Greater Southeast
780	Affiliate.
781	8.9.  The American Lung Association of Florida.
782	9.10.  The American Diabetes Association, South Coastal
783	Region.
784	10.11.  The Alzheimer's Association.
785	11.12.  The Epilepsy Foundation.
786	12.13.  The National Parkinson Foundation.
787	14.  The Florida Public Health Foundation, Inc.
788	13.15.  The Florida Research Consortium.
789	14.  La Liga Contra el Cancer.
790	(b)  Members of the council shall serve without
791	compensation, and each organization represented shall cover all
792	expenses of its representative.
793	Section 11.  Section 381.922, Florida Statutes, as amended
794	by chapter 2009-5, Laws of Florida, is amended to read:
795	381.922  William G. "Bill" Bankhead, Jr., and David Coley
796	Cancer Research Program.--
797	(1)  The William G. "Bill" Bankhead, Jr., and David Coley
798	Cancer Research Program, which may be otherwise cited as the
799	"Bankhead-Coley Program," is created within the Department of
800	Health. The purposes purpose of the program shall be to advance
801	progress towards cures for cancer through grants awarded through
802	a peer-reviewed, competitive process and to expand cancer
803	research and treatment capacity in the state.
804	(2)  The program shall provide grants for cancer research
805	to further the search for cures for cancer, for the recruitment
806	of cancer researchers and research teams to institutions within
807	the state, for operational start-up grants for newly recruited
808	cancer researchers and research teams, and for fixed capital
809	outlay expenditures related to the expansion of cancer research
810	and treatment capacity in the state, with up to 25 percent of
811	the program's annual allocation applied to these purposes,
812	provided that grantees receiving moneys pursuant to this section
813	for purposes other than actual research shall use matching funds
814	of at least 50 percent of the amount awarded by the council.
815	(a)  Emphasis shall be given to the following goals
816	enumerated in s. 381.921, as those goals support the advancement
817	of such cures:
818	1.  Efforts to significantly expand cancer research
819	capacity in the state by identifying ways to attract new
820	research talent and attendant national grant-producing
821	researchers to cancer research facilities in this state; by
822	implementing a peer-reviewed, competitive process to identify
823	and fund the best proposals to expand cancer research institutes
824	in this state; by providing funding through available resources
825	for those proposals that demonstrate the greatest opportunity to
826	attract federal research grants and private financial support;
827	by encouraging the employment of bioinformatics in order to
828	create a cancer informatics infrastructure that enhances
829	information and resource exchange and integration through
830	researchers working in diverse disciplines, to facilitate the
831	full spectrum of cancer investigations; by facilitating the
832	technical coordination, business development, and support of
833	intellectual property as it relates to the advancement of cancer
834	research; and by aiding in other multidisciplinary research-
835	support activities as they inure to the advancement of cancer
836	research.
837	2.  Efforts to improve both research and treatment through
838	greater participation in clinical trials networks by identifying
839	ways to increase adult enrollment in cancer clinical trials; by
840	supporting public and private professional education programs
841	designed to increase the awareness and knowledge about cancer
842	clinical trials; by providing tools to cancer patients and
843	community-based oncologists to aid in the identification of
844	cancer clinical trials available in the state; and by creating
845	opportunities for the state's academic cancer centers to
846	collaborate with community-based oncologists in cancer clinical
847	trials networks.
848	3.  Efforts to reduce the impact of cancer on disparate
849	groups by identifying those cancers that disproportionately
850	impact certain demographic groups and by building collaborations
851	designed to reduce health disparities as they relate to cancer.
852	(b)  Preference may be given to grant proposals that foster
853	collaborations among institutions, researchers, and community
854	practitioners, as such proposals support the advancement of
855	cures through basic or applied research, including clinical
856	trials involving cancer patients and related networks.
857	(3)(a)  Applications for funding for cancer research may be
858	submitted by any university or established research institute in
859	the state. All qualified investigators in the state, regardless
860	of institutional affiliation, shall have equal access and
861	opportunity to compete for the research funding. Collaborative
862	proposals, including those that advance the program's goals
863	enumerated in subsection (2), may be given preference. Grants
864	shall be awarded by the State Surgeon General, after
865	consultation with the Biomedical Research Advisory Council, on
866	the basis of scientific merit, as determined by an open,
867	competitive peer review process that ensures objectivity,
868	consistency, and high quality. The following types of
869	applications shall be considered for funding:
870	1.  Investigator-initiated research grants.
871	2.  Institutional research grants.
872	3.  Collaborative research grants, including those that
873	advance the finding of cures through basic or applied research.
874	(b)  In order to ensure that all proposals for research
875	funding are appropriate and are evaluated fairly on the basis of
876	scientific merit, the State Surgeon General, in consultation
877	with the council, shall appoint a peer review panel of
878	independent, scientifically qualified individuals to review the
879	scientific content of each proposal and establish its priority
880	score. The priority scores shall be forwarded to the council and
881	must be considered in determining which proposals shall be
882	recommended for funding.
883	(c)  The council and the peer review panel shall establish
884	and follow rigorous guidelines for ethical conduct and adhere to
885	a strict policy with regard to conflicts of interest. A member
886	of the council or panel may not participate in any discussion or
887	decision with respect to a research proposal by any firm,
888	entity, or agency with which the member is associated as a
889	member of the governing body or as an employee or with which the
890	member has entered into a contractual arrangement. Meetings of
891	the council and the peer review panels are subject to chapter
892	119, s. 286.011, and s. 24, Art. I of the State Constitution.
893	(4)  By December 15 of each year, the Department of Health
894	shall submit to the Governor, the President of the Senate, and
895	the Speaker of the House of Representatives a report indicating
896	progress towards the program's mission and making
897	recommendations that further its purpose.
898	(5)  For the 2008-2009 fiscal year and through fiscal year
899	2009-2010 each fiscal year thereafter, the sum of $6.75 million
900	is appropriated annually from recurring funds in the General
901	Revenue Fund to the Biomedical Research Trust Fund within the
902	Department of Health for purposes of the William G. "Bill"
903	Bankhead, Jr., and David Coley Cancer Research Program and shall
904	be distributed pursuant to this section to provide grants to
905	researchers seeking cures for cancer, with emphasis given to the
906	goals enumerated in subsection (2) s. 381.921. From the total
907	funds appropriated, an amount of up to 10 percent may be used
908	for administrative expenses.
909	(6)  Beginning in fiscal year 2009-2010, and every year
910	thereafter, designated proceeds generated by s. 210.20 shall be
911	employed to fund the purposes prescribed in this section. The
912	annual appropriation pursuant to this subsection shall allow for
913	reasonable administrative costs associated with the program's
914	implementation.
915	(7)(6)  By June 1, 2016 2009, the Division of Statutory
916	Revision of the Office of Legislative Services shall certify to
917	the President of the Senate and the Speaker of the House of
918	Representatives the language and statutory citation of this
919	section, which is scheduled to expire January 1, 2018 2011.
920	(8)(7)  The Legislature shall review the performance, the
921	outcomes, and the financial management of the William G. "Bill"
922	Bankhead, Jr., and David Coley Cancer Research Program during
923	the 2010 Regular Session of the Legislature and shall determine
924	the most appropriate funding source and means of funding the
925	program based on its review.
926	(9)(8)  This section expires January 1, 2018 2011, unless
927	reviewed and reenacted by the Legislature before that date.
928	Section 12.  Section 393.55, Florida Statutes, is created
929	to read:
930	393.55  Agency for Persons with Disabilities caseload
931	growth; distribution of designated cigarette tax proceeds.--The
932	Agency for Persons with Disabilities shall apply revenues
933	received pursuant to s. 210.20 for the purposes prescribed in
934	this chapter, to be applied specifically to caseload growth over
935	and above that which existed during fiscal year 2008-2009.
936	Section 13.  Subsections (2) and (3) of section 395.6061,
937	Florida Statutes, are amended to read:
938	395.6061  Rural hospital capital improvement.--There is
939	established a rural hospital capital improvement grant program.
940	(2)  Each rural hospital as defined in s. 395.602 that has
941	reported to the agency charity care charges comprising at least
942	5 percent of gross total charges for the most recent fiscal year
943	is eligible to receive funds under this section shall receive a
944	minimum of $100,000 annually, subject to legislative
945	appropriation, upon application to the Department of Health, for
946	projects to acquire, repair, improve, or upgrade systems,
947	facilities, or equipment. Funds shall be made available to
948	individual hospitals based upon the level of charity care
949	charges relative to other hospitals.
950	(3)  Funds for the acquisition, repair, improvement, or
951	upgrade of systems, facilities, or equipment at rural hospitals
952	Any remaining funds shall annually be disbursed to rural
953	hospitals in accordance with this section. The Department of
954	Health shall establish, by rule, criteria for awarding grants
955	for any remaining funds, which must be used exclusively for the
956	support and assistance of rural hospitals as defined in s.
957	395.602, including criteria relating to the level of
958	uncompensated care rendered by the hospital, the participation
959	in a rural health network as defined in s. 381.0406, and the
960	proposed use of the grant by the rural hospital to resolve a
961	specific problem. The department must consider any information
962	submitted in an application for the grants in accordance with
963	subsection (1) in determining eligibility for and the amount of
964	the grant, and none of the individual items of information by
965	itself may be used to deny grant eligibility.
966	Section 14.  Section 400.997, Florida Statutes, is created
967	to read:
968	400.997  Primary Care Access Network; extended clinic
969	hours.--
970	(1)  The Legislature finds that the Primary Care Access
971	Network was founded to address the needs of the uninsured and
972	those who are medically needy by providing a system of service
973	delivery that builds upon the strengths of its current health
974	provider partners. It is recognized that, where implemented
975	under a pilot program, there has been a substantial decrease in
976	nonurgent emergency room services used by uninsured persons.
977	(2)  Using funds received pursuant to s. 210.20, the Agency
978	for Health Care Administration shall establish additional
979	programs which shall offer health care services during the
980	weekend and after regular business hours during the week.
981	(3)  To the extent that funds are available, such funds
982	shall be used to operate clinics of the Primary Care Access
983	Network during the extended hours the clinics are open and to
984	pay the employees of those clinics accordingly.
985	(4)  By January 1 of each year, the Agency for Health Care
986	Administration shall submit to the Governor, the President of
987	the Senate, and the Speaker of the House of Representatives a
988	report on the successes and outcomes achieved through the
989	implementation of this section. The report shall include
990	recommendations regarding continuation, termination, or
991	expansion of the Primary Care Access Network.
992	(5)  The Agency for Health Care Administration shall adopt
993	rules pursuant to ss. 120.536(1) and 120.54 to implement this
994	section.
995	Section 15.  Section 400.998, Florida Statutes, is created
996	to read:
997	400.998  Federally qualified health centers; county health
998	department clinics; free clinics; designated funds.--
999	(1)  The Agency for Health Care Administration shall
1000	distribute designated proceeds received pursuant to s. 210.20 to
1001	federally qualified health centers, county health department
1002	clinics, and free clinics for the expansion of primary care
1003	services in order to provide comprehensive primary and
1004	preventive health care and urgent care services that may reduce
1005	the morbidity, mortality, and cost of care among the uninsured
1006	population of the state.
1007	(2)  It is the intent of the Legislature to recognize the
1008	significance of improved health outcomes and decreased overall
1009	cost to the state through quality primary and preventive care.
1010	It is further the Legislature's intent to increase the state's
1011	investment in primary care providers and to leverage that
1012	investment through the creation of a program to provide for the
1013	expansion of primary and preventive health care services offered
1014	by federally qualified health centers, county health department
1015	clinics, and free clinics. It is also the intent of the
1016	Legislature that such a program will support the coordination of
1017	federal, state, and local resources to assist such providers in
1018	developing a medical home model for expanded community-based
1019	primary care delivery systems.
1020	(3)  In selecting federally qualified health centers,
1021	county health department clinics, and free clinics, the Agency
1022	for Health Care Administration:
1023	(a)  Shall give preference to communities in which there
1024	are few or no community-based primary care services or in which
1025	the current services are unable to meet the community's needs
1026	and to counties with the highest percentage of uninsured.
1027	(b)  Shall require that a full array of primary care
1028	services be made available to patients, including enabling
1029	services.
1030	(c)  Shall give preference to centers that have or will
1031	establish and provide a medical home model of care for the
1032	delivery of services.
1033	(d)  Shall require that primary care services be provided
1034	to all patients, regardless of their ability to pay, using a
1035	sliding fee schedule based on income.
1036	(e)  May require that a portion of the funds derived from
1037	s. 210.20 for the purposed prescribed in this section be used to
1038	pay for operating costs emanating from projected expansions in
1039	patient caseloads or services or for capital improvement
1040	projects, which may include renovations to existing facilities
1041	or construction of new facilities, provided that an expansion of
1042	patient caseloads or services to a new patient population will
1043	occur as a result of the capital expenditures.
1044	(f)  Shall encourage coordination among federally qualified
1045	health centers, other private sector providers, and publicly
1046	supported programs.
1047	(g)  Shall give preference to the development of community
1048	emergency room diversion programs in conjunction with local
1049	resources diversion programs which include case management for
1050	emergency room followup care.
1051	(h)  Shall encourage the use of extended hours of operation
1052	to urgent care patients.
1053	(4)  The Agency for Health Care Administration shall
1054	establish a formal process for the submission and evaluation of
1055	applications for funding through moneys derived from s. 210.20
1056	for the purposes enumerated in this section. The process shall
1057	include the creation of a review panel consisting of two persons
1058	appointed by the Secretary of Health Care Administration and two
1059	persons appointed by the chief executive officer of the Florida
1060	Association of Community Health Centers, Inc., to review all
1061	applications for funding. The review panel shall consider the
1062	following elements in reviewing applications and shall determine
1063	the relative weight for scoring and evaluating these elements:
1064	(a)  The target population to be served.
1065	(b)  The health benefits to be provided.
1066	(c)  The number of new patients that are expected to be
1067	served.
1068	(d)  The methods that will be employed to measure cost-
1069	effectiveness.
1070	(e)  Projected health status outcomes.
1071	(f)  How data will be collected to measure cost-
1072	effectiveness, health status outcomes, and overall achievement
1073	of the goals of the proposal.
1074	(g)  All resources, including cash, in-kind contributions,
1075	volunteer hours, or other resources that will be dedicated to
1076	the project by the applicant.
1077	(5)  Recipients of moneys for all projects selected for
1078	funding under this section must operate with electronic medical
1079	records that shall be open to any provider that wishes to gain
1080	access such records. Such recipients shall provide timely
1081	reports to the Agency for Health Care Administration on the
1082	progress and outcomes related to such projects.
1083	(6)  The Agency for Health Care Administration may contract
1084	with the Florida Association of Community Health Centers, Inc.
1085	to administer the program and provide technical assistance to
1086	the entities receiving funding under this section.
1087	(7)  The Agency for Health Care Administration shall adopt
1088	rules pursuant to ss. 120.536(1) and 120.54 to implement this
1089	section.
1090	Section 16.  Subsection (1) of section 951.22, Florida
1091	Statutes, is amended to read:
1092	951.22  County detention facilities; contraband articles.--
1093	(1)  It is unlawful, except through regular channels as
1094	duly authorized by the sheriff or officer in charge, to
1095	introduce into or possess upon the grounds of any county
1096	detention facility as defined in s. 951.23 or to give to or
1097	receive from any inmate of any such facility wherever said
1098	inmate is located at the time or to take or to attempt to take
1099	or send therefrom any of the following articles which are hereby
1100	declared to be contraband for the purposes of this act, to wit:
1101	Any written or recorded communication; any currency or coin; any
1102	article of food or clothing; any tobacco products as defined in
1103	s. 210.25(11); any cigarette as defined in s. 210.01(1); any
1104	cigar; any intoxicating beverage or beverage which causes or may
1105	cause an intoxicating effect; any narcotic, hypnotic, or
1106	excitative drug or drug of any kind or nature, including nasal
1107	inhalators, sleeping pills, barbiturates, and controlled
1108	substances as defined in s. 893.02(4); any firearm or any
1109	instrumentality customarily used or which is intended to be used
1110	as a dangerous weapon; and any instrumentality of any nature
1111	that may be or is intended to be used as an aid in effecting or
1112	attempting to effect an escape from a county facility.
1113	Section 17.  The additional tax imposed by s. 210.02,
1114	Florida Statutes, pursuant to this act also applies to inventory
1115	on hand as of the effective date of this act. By July 1, 2009,
1116	or the date this act becomes law, whichever is later, before
1117	opening for business, each manufacturer, distributor,
1118	wholesaler, and vendor in this state shall take an inventory of
1119	the cigarettes on hand, and that inventory shall be subject to
1120	the new rate of tax imposed by s. 201.02, Florida Statutes. The
1121	amount of inventory shall be certified to the Division of
1122	Alcoholic Beverages and Tobacco of the Department of Business
1123	and Professional Regulation on or before July 21, 2009, with
1124	that documentation accompanied by a certified check, money
1125	order, or electronic funds transfer for the amount of the
1126	additional tax due on this inventory as imposed by s. 210.02,
1127	Florida Statutes, pursuant to this act. The provisions of
1128	chapter 210, Florida Statutes, relating to penalties and
1129	interest for delinquent payments shall apply to this section.
1130	The proceeds of the tax upon inventory imposed by this section
1131	shall be deposited into the Cigarette Tax Collection Trust Fund
1132	and shall be distributed in accordance with the manner
1133	prescribed in s. 210.20, Florida Statutes. This section shall
1134	take effect upon this act becoming a law.
1135	Section 18.  Sections 381.92 and 381.921, Florida Statutes,
1136	are repealed.
1137	Section 19.  Except as otherwise expressly provided by this
1138	act, this act shall take effect July 1, 2009.

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