HB 851

1	A bill to be entitled
2	An act relating to the use of cigarette tax proceeds;
3	amending s. 210.20, F.S.; revising the payment and
4	distribution of funds in the Cigarette Tax Collection
5	Trust Fund; providing specified purposes for the use of
6	funds that are appropriated out of the trust fund;
7	amending s. 210.201, F.S.; authorizing moneys transferred
8	to the Board of Directors of the H. Lee Moffitt Cancer
9	Center and Research Institute to be used to secure
10	financing to pay costs related to constructing,
11	furnishing, equipping, and maintaining clinical facilities
12	for cancer research; 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, 1999, and continuing for 10
24	years thereafter, the division shall from month to month certify
25	to the Chief Financial Officer the amount derived from the
26	cigarette tax imposed by s. 210.02, less the service charges
27	provided for in s. 215.20 and less 0.9 percent of the amount
28	derived from the cigarette tax imposed by s. 210.02, which shall
29	be deposited into the Alcoholic Beverage and Tobacco Trust Fund,
30	specifying an amount equal to 2.59 percent of the net
31	collections, and that amount shall be paid to the Board of
32	Directors of the H. Lee Moffitt Cancer Center and Research
33	Institute, established under s. 1004.43, by warrant drawn by the
34	Chief Financial Officer upon the State Treasury. These funds are
35	hereby appropriated monthly out of the Cigarette Tax Collection
36	Trust Fund, to be used for the purpose of constructing,
37	furnishing, and equipping a cancer research facility at the
38	University of South Florida adjacent to the H. Lee Moffitt
39	Cancer Center and Research Institute. In fiscal years 1999-2000
40	and thereafter with the exception of fiscal year 2008-2009, the
41	appropriation to the H. Lee Moffitt Cancer Center and Research
42	Institute authorized by this subparagraph shall not be less than
43	the amount that would have been paid to the H. Lee Moffitt
44	Cancer Center and Research Institute for fiscal year 1998-1999
45	had payments been made for the entire fiscal year rather than
46	for a 6-month period thereof.
47	2.  Beginning July 1, 2002, and continuing through June 30,
48	2004, the division shall, in addition to the distribution
49	authorized in subparagraph 1., from month to month certify to
50	the Chief Financial Officer the amount derived from the
51	cigarette tax imposed by s. 210.02, less the service charges
52	provided for in s. 215.20 and less 0.9 percent of the amount
53	derived from the cigarette tax imposed by s. 210.02, which shall
54	be deposited into the Alcoholic Beverage and Tobacco Trust Fund,
55	specifying an amount equal to 0.2632 percent of the net
56	collections, and that amount shall be paid to the Board of
57	Directors of the H. Lee Moffitt Cancer Center and Research
58	Institute, established under s. 1004.43, by warrant drawn by the
59	Chief Financial Officer. Beginning July 1, 2004, and continuing
60	through June 30, 2013 2020, the division shall, in addition to
61	the distribution authorized in subparagraph 1., from month to
62	month certify to the Chief Financial Officer the amount derived
63	from the cigarette tax imposed by s. 210.02, less the service
64	charges provided for in s. 215.20 and less 0.9 percent of the
65	amount derived from the cigarette tax imposed by s. 210.02,
66	which shall be deposited into the Alcoholic Beverage and Tobacco
67	Trust Fund, specifying an amount equal to 1.47 percent of the
68	net collections, and that amount shall be paid to the Board of
69	Directors of the H. Lee Moffitt Cancer Center and Research
70	Institute, established under s. 1004.43, by warrant drawn by the
71	Chief Financial Officer. Beginning July 1, 2013, and continuing
72	through June 30, 2045, the division shall, in addition to the
73	distribution authorized in subparagraph 1., from month to month
74	certify to the Chief Financial Officer the amount derived from
75	the cigarette tax imposed by s. 210.02, less the service charges
76	provided for in s. 215.20 and less 0.9 percent of the amount
77	derived from the cigarette tax imposed by s. 210.02, which shall
78	be deposited into the Alcoholic Beverage and Tobacco Trust Fund,
79	specifying an amount equal to 5 percent of the net collections,
80	and that amount shall be paid to the Board of Directors of the
81	H. Lee Moffitt Cancer Center and Research Institute, established
82	under s. 1004.43, by warrant drawn by the Chief Financial
83	Officer. These funds are appropriated monthly out of the
84	Cigarette Tax Collection Trust Fund, to be used for lawful
85	purposes, including the purpose of constructing, furnishing, and
86	equipping, operating, and maintaining a cancer research and
87	clinical facilities; furnishing, equipping, operating, and
88	maintaining other properties owned or leased by facility at the
89	University of South Florida adjacent to the H. Lee Moffitt
90	Cancer Center and Research Institute; and paying costs incurred
91	for purchasing, operating, and maintaining equipment in or on
92	any of those facilities or properties. In fiscal years 2004-2005
93	and thereafter, the appropriation to the H. Lee Moffitt Cancer
94	Center and Research Institute authorized by this subparagraph
95	shall not be less than the amount that would have been paid to
96	the H. Lee Moffitt Cancer Center and Research Institute in
97	fiscal year 2001-2002, had this subparagraph been in effect.
98	Section 2.  Section 210.201, Florida Statutes, is amended
99	to read:
100	210.201  Cancer research facility at the University of
101	South Florida; establishment; funding.-The Board of Directors of
102	the H. Lee Moffitt Cancer Center and Research Institute shall
103	construct, furnish, and equip, and shall covenant to complete,
104	the cancer research facility at the University of South Florida
105	adjacent to the H. Lee Moffitt Cancer Center and Research
106	Institute. Moneys transferred to the Board of Directors of the
107	H. Lee Moffitt Cancer Center and Research Institute pursuant to
108	s. 210.20 may shall be used to secure financing to pay costs
109	related to constructing, furnishing, and equipping, operating,
110	and maintaining the cancer research and clinical facilities;
111	furnishing, equipping, operating, and maintaining other leased
112	or owned properties; and paying costs incurred for purchasing,
113	operating, and maintaining equipment in or on any of those
114	facilities and properties as provided in s. 210.20 facility.
115	Such financing may include the issuance of tax-exempt bonds by a
116	local authority, municipality, or county pursuant to parts II
117	and III of chapter 159. Such bonds shall not constitute state
118	bonds for purposes of s. 11, Art. VII of the State Constitution,
119	but shall constitute bonds of a "local agency," as defined in s.
120	159.27(4). The cigarette tax dollars pledged to this facility
121	pursuant to s. 210.20 may be replaced annually by the
122	Legislature 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.