HB 851

1
A bill to be entitled
2An act relating to the use of cigarette tax proceeds;
3amending s. 210.20, F.S.; revising the payment and
4distribution of funds in the Cigarette Tax Collection
5Trust Fund; providing specified purposes for the use of
6funds that are appropriated out of the trust fund;
7amending s. 210.201, F.S.; authorizing moneys transferred
8to the Board of Directors of the H. Lee Moffitt Cancer
9Center and Research Institute to be used to secure
10financing to pay costs related to constructing,
11furnishing, equipping, and maintaining clinical facilities
12for cancer research; providing an effective date.
13
14Be It Enacted by the Legislature of the State of Florida:
15
16     Section 1.  Paragraph (b) of subsection (2) of section
17210.20, 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
20cigarette taxes, it shall pay the same into a trust fund in the
21State Treasury designated "Cigarette Tax Collection Trust Fund"
22which shall be paid and distributed as follows:
23     (b)1.  Beginning January 1, 1999, and continuing for 10
24years thereafter, the division shall from month to month certify
25to the Chief Financial Officer the amount derived from the
26cigarette tax imposed by s. 210.02, less the service charges
27provided for in s. 215.20 and less 0.9 percent of the amount
28derived from the cigarette tax imposed by s. 210.02, which shall
29be deposited into the Alcoholic Beverage and Tobacco Trust Fund,
30specifying an amount equal to 2.59 percent of the net
31collections, and that amount shall be paid to the Board of
32Directors of the H. Lee Moffitt Cancer Center and Research
33Institute, established under s. 1004.43, by warrant drawn by the
34Chief Financial Officer upon the State Treasury. These funds are
35hereby appropriated monthly out of the Cigarette Tax Collection
36Trust Fund, to be used for the purpose of constructing,
37furnishing, and equipping a cancer research facility at the
38University of South Florida adjacent to the H. Lee Moffitt
39Cancer Center and Research Institute. In fiscal years 1999-2000
40and thereafter with the exception of fiscal year 2008-2009, the
41appropriation to the H. Lee Moffitt Cancer Center and Research
42Institute authorized by this subparagraph shall not be less than
43the amount that would have been paid to the H. Lee Moffitt
44Cancer Center and Research Institute for fiscal year 1998-1999
45had payments been made for the entire fiscal year rather than
46for a 6-month period thereof.
47     2.  Beginning July 1, 2002, and continuing through June 30,
482004, the division shall, in addition to the distribution
49authorized in subparagraph 1., from month to month certify to
50the Chief Financial Officer the amount derived from the
51cigarette tax imposed by s. 210.02, less the service charges
52provided for in s. 215.20 and less 0.9 percent of the amount
53derived from the cigarette tax imposed by s. 210.02, which shall
54be deposited into the Alcoholic Beverage and Tobacco Trust Fund,
55specifying an amount equal to 0.2632 percent of the net
56collections, and that amount shall be paid to the Board of
57Directors of the H. Lee Moffitt Cancer Center and Research
58Institute, established under s. 1004.43, by warrant drawn by the
59Chief Financial Officer. Beginning July 1, 2004, and continuing
60through June 30, 2013 2020, the division shall, in addition to
61the distribution authorized in subparagraph 1., from month to
62month certify to the Chief Financial Officer the amount derived
63from the cigarette tax imposed by s. 210.02, less the service
64charges provided for in s. 215.20 and less 0.9 percent of the
65amount derived from the cigarette tax imposed by s. 210.02,
66which shall be deposited into the Alcoholic Beverage and Tobacco
67Trust Fund, specifying an amount equal to 1.47 percent of the
68net collections, and that amount shall be paid to the Board of
69Directors of the H. Lee Moffitt Cancer Center and Research
70Institute, established under s. 1004.43, by warrant drawn by the
71Chief Financial Officer. Beginning July 1, 2013, and continuing
72through June 30, 2045, the division shall, in addition to the
73distribution authorized in subparagraph 1., from month to month
74certify to the Chief Financial Officer the amount derived from
75the cigarette tax imposed by s. 210.02, less the service charges
76provided for in s. 215.20 and less 0.9 percent of the amount
77derived from the cigarette tax imposed by s. 210.02, which shall
78be deposited into the Alcoholic Beverage and Tobacco Trust Fund,
79specifying an amount equal to 5 percent of the net collections,
80and that amount shall be paid to the Board of Directors of the
81H. Lee Moffitt Cancer Center and Research Institute, established
82under s. 1004.43, by warrant drawn by the Chief Financial
83Officer. These funds are appropriated monthly out of the
84Cigarette Tax Collection Trust Fund, to be used for lawful
85purposes, including the purpose of constructing, furnishing, and
86equipping, operating, and maintaining a cancer research and
87clinical facilities; furnishing, equipping, operating, and
88maintaining other properties owned or leased by facility at the
89University of South Florida adjacent to the H. Lee Moffitt
90Cancer Center and Research Institute; and paying costs incurred
91for purchasing, operating, and maintaining equipment in or on
92any of those facilities or properties. In fiscal years 2004-2005
93and thereafter, the appropriation to the H. Lee Moffitt Cancer
94Center and Research Institute authorized by this subparagraph
95shall not be less than the amount that would have been paid to
96the H. Lee Moffitt Cancer Center and Research Institute in
97fiscal year 2001-2002, had this subparagraph been in effect.
98     Section 2.  Section 210.201, Florida Statutes, is amended
99to read:
100     210.201  Cancer research facility at the University of
101South Florida; establishment; funding.-The Board of Directors of
102the H. Lee Moffitt Cancer Center and Research Institute shall
103construct, furnish, and equip, and shall covenant to complete,
104the cancer research facility at the University of South Florida
105adjacent to the H. Lee Moffitt Cancer Center and Research
106Institute. Moneys transferred to the Board of Directors of the
107H. Lee Moffitt Cancer Center and Research Institute pursuant to
108s. 210.20 may shall be used to secure financing to pay costs
109related to constructing, furnishing, and equipping, operating,
110and maintaining the cancer research and clinical facilities;
111furnishing, equipping, operating, and maintaining other leased
112or owned properties; and paying costs incurred for purchasing,
113operating, and maintaining equipment in or on any of those
114facilities and properties as provided in s. 210.20 facility.
115Such financing may include the issuance of tax-exempt bonds by a
116local authority, municipality, or county pursuant to parts II
117and III of chapter 159. Such bonds shall not constitute state
118bonds for purposes of s. 11, Art. VII of the State Constitution,
119but shall constitute bonds of a "local agency," as defined in s.
120159.27(4). The cigarette tax dollars pledged to this facility
121pursuant to s. 210.20 may be replaced annually by the
122Legislature from tobacco litigation settlement proceeds.
123     Section 3.  This act shall take effect July 1, 2011.


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