HB 123

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
6	of funds that are appropriated out of the trust fund;
7	providing legislative intent; amending s. 210.201,
8	F.S.; authorizing moneys transferred to the Board of
9	Directors of the H. Lee Moffitt Cancer Center and
10	Research Institute to be used to secure financing to
11	pay costs for specified purposes at certain facilities
12	and other properties; 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 4.88 percent of the net
80	collections, and that amount shall be paid to the Board of
81	Directors of the H. Lee Moffitt Cancer Center and Research
82	Institute, established under s. 1004.43, by warrant drawn by the
83	Chief Financial Officer. These funds are appropriated monthly
84	out of the Cigarette Tax Collection Trust Fund, to be used for
85	lawful purposes, including the purpose of constructing,
86	furnishing, and equipping, financing, operating, and maintaining
87	a cancer research and clinical and related facilities;
88	furnishing, equipping, operating, and maintaining other
89	properties owned or leased by facility at the University of
90	South Florida adjacent to the H. Lee Moffitt Cancer Center and
91	Research Institute; and paying costs incurred in connection with
92	purchasing, financing, operating, and maintaining such
93	equipment, facilities, and properties. In fiscal years 2004-2005
94	and thereafter, the appropriation to the H. Lee Moffitt Cancer
95	Center and Research Institute authorized by this subparagraph
96	shall not be less than the amount that would have been paid to
97	the H. Lee Moffitt Cancer Center and Research Institute in
98	fiscal year 2001-2002, had this subparagraph been in effect.
99	3.  If the cigarette tax is amended or repealed or this
100	paragraph is modified in a manner that would adversely affect
101	bonds issued for the purposes enumerated in subparagraph 2., the
102	Legislature intends to provide alternative funding sources in an
103	amount sufficient to pay any deficit in the amount required for
104	debt service on such bonds.
105	Section 2.  Section 210.201, Florida Statutes, is amended
106	to read:
107	210.201  H. Lee Moffitt Cancer Center and Research
108	Institute facilities Cancer research facility at the University
109	of South Florida; establishment; funding.-The Board of Directors
110	of the H. Lee Moffitt Cancer Center and Research Institute shall
111	construct, furnish, and equip, and shall covenant to complete,
112	the cancer research and clinical and related facilities of
113	facility at the University of South Florida adjacent to the H.
114	Lee Moffitt Cancer Center and Research Institute funded with
115	proceeds from the Cigarette Tax Collection Trust Fund pursuant
116	to s. 210.20. Moneys transferred to the Board of Directors of
117	the H. Lee Moffitt Cancer Center and Research Institute pursuant
118	to s. 210.20 may shall be used to secure financing to pay costs
119	related to constructing, furnishing, and equipping, operating,
120	and maintaining the cancer research and clinical and related
121	facilities; furnishing, equipping, operating, and maintaining
122	other leased or owned properties; and paying costs incurred in
123	connection with purchasing, financing, operating, and
124	maintaining such equipment, facilities, and properties as
125	provided in s. 210.20 facility. Such financing may include the
126	issuance of tax-exempt bonds or other forms of indebtedness by a
127	local authority, municipality, or county pursuant to parts II
128	and III of chapter 159. Such bonds shall not constitute state
129	bonds for purposes of s. 11, Art. VII of the State Constitution,
130	but shall constitute bonds of a "local agency," as defined in s.
131	159.27(4). The cigarette tax dollars pledged to facilities this
132	facility pursuant to s. 210.20 may be replaced annually by the
133	Legislature from tobacco litigation settlement proceeds.
134	Section 3.  This act shall take effect July 1, 2012.

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