December 12, 2019
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       ENROLLED
       2009 Legislature                   CS for SB 1664, 1st Engrossed
       
       
       
       
       
       
                                                             20091664er
    1  
    2         An act relating to distribution of funds; amending s.
    3         210.20, F.S.; revising the specified dates during
    4         which the Division of Alcoholic Beverages and Tobacco
    5         within the Department of Business and Professional
    6         Regulation is required to certify the amount derived
    7         from the cigarette tax which is deposited into the
    8         Alcoholic Beverage and Tobacco Trust Fund; amending s.
    9         215.5602, F.S.; requiring that revenue deposited into
   10         the Health Care Trust Fund within the Agency for
   11         Health Care Administration be reserved for certain
   12         research beginning in a specified fiscal year and
   13         transferred to the Biomedical Research Trust Fund
   14         within the Department of Health in a specified fiscal
   15         year; prohibiting the amount of revenue transferred or
   16         reserved from exceeding certain amounts; amending s.
   17         381.84, F.S.; revising provisions limiting certain
   18         activities of the Florida Area Health Education
   19         Network and the Department of Health to a specified
   20         fiscal year; requiring the department to award a
   21         contract or grant to the AHEC network for the purpose
   22         of developing a smoking-cessation initiative for a
   23         specified fiscal year; revising a provision
   24         authorizing the AHEC network to apply for a
   25         competitive grant during a specified fiscal year;
   26         amending s. 381.922, F.S.; requiring that revenue
   27         deposited into the Health Care Trust Fund within the
   28         Agency for Health Care Administration be transferred
   29         to the Biomedical Research Trust Fund within the
   30         Department of Health in a specified fiscal year for a
   31         certain cancer research program; prohibiting the
   32         amount of revenue transferred from exceeding a certain
   33         amount; providing an effective date.
   34  
   35  Be It Enacted by the Legislature of the State of Florida:
   36  
   37         Section 1. Paragraph (b) of subsection (2) of section
   38  210.20, Florida Statutes, is amended to read:
   39         210.20 Employees and assistants; distribution of funds.—
   40         (2) As collections are received by the division from such
   41  cigarette taxes, it shall pay the same into a trust fund in the
   42  State Treasury designated “Cigarette Tax Collection Trust Fund”
   43  which shall be paid and distributed as follows:
   44         (b)1. Beginning January 1, 1999, and continuing for 10
   45  years thereafter, the division shall from month to month certify
   46  to the Chief Financial Officer the amount derived from the
   47  cigarette tax imposed by s. 210.02, less the service charges
   48  provided for in s. 215.20 and less 0.9 percent of the amount
   49  derived from the cigarette tax imposed by s. 210.02, which shall
   50  be deposited into the Alcoholic Beverage and Tobacco Trust Fund,
   51  specifying an amount equal to 2.59 percent of the net
   52  collections, and that amount shall be paid to the Board of
   53  Directors of the H. Lee Moffitt Cancer Center and Research
   54  Institute, established under s. 1004.43, by warrant drawn by the
   55  Chief Financial Officer upon the State Treasury. These funds are
   56  hereby appropriated monthly out of the Cigarette Tax Collection
   57  Trust Fund, to be used for the purpose of constructing,
   58  furnishing, and equipping a cancer research facility at the
   59  University of South Florida adjacent to the H. Lee Moffitt
   60  Cancer Center and Research Institute. In fiscal years 1999-2000
   61  and thereafter with the exception of fiscal year 2008-2009, the
   62  appropriation to the H. Lee Moffitt Cancer Center and Research
   63  Institute authorized by this subparagraph shall not be less than
   64  the amount that would have been paid to the H. Lee Moffitt
   65  Cancer Center and Research Institute for fiscal year 1998-1999
   66  had payments been made for the entire fiscal year rather than
   67  for a 6-month period thereof.
   68         2. Beginning July 1, 2002, and continuing through June 30,
   69  2004, the division shall, in addition to the distribution
   70  authorized in subparagraph 1., from month to month certify to
   71  the Chief Financial Officer the amount derived from the
   72  cigarette tax imposed by s. 210.02, less the service charges
   73  provided for in s. 215.20 and less 0.9 percent of the amount
   74  derived from the cigarette tax imposed by s. 210.02, which shall
   75  be deposited into the Alcoholic Beverage and Tobacco Trust Fund,
   76  specifying an amount equal to 0.2632 percent of the net
   77  collections, and that amount shall be paid to the Board of
   78  Directors of the H. Lee Moffitt Cancer Center and Research
   79  Institute, established under s. 1004.43, by warrant drawn by the
   80  Chief Financial Officer. Beginning July 1, 2004, and continuing
   81  through June 30, 2020 2016, the division shall, in addition to
   82  the distribution authorized in subparagraph 1., from month to
   83  month certify to the Chief Financial Officer the amount derived
   84  from the cigarette tax imposed by s. 210.02, less the service
   85  charges provided for in s. 215.20 and less 0.9 percent of the
   86  amount derived from the cigarette tax imposed by s. 210.02,
   87  which shall be deposited into the Alcoholic Beverage and Tobacco
   88  Trust Fund, specifying an amount equal to 1.47 percent of the
   89  net collections, and that amount shall be paid to the Board of
   90  Directors of the H. Lee Moffitt Cancer Center and Research
   91  Institute, established under s. 1004.43, by warrant drawn by the
   92  Chief Financial Officer. These funds are appropriated monthly
   93  out of the Cigarette Tax Collection Trust Fund, to be used for
   94  the purpose of constructing, furnishing, and equipping a cancer
   95  research facility at the University of South Florida adjacent to
   96  the H. Lee Moffitt Cancer Center and Research Institute. In
   97  fiscal years 2004-2005 and thereafter, the appropriation to the
   98  H. Lee Moffitt Cancer Center and Research Institute authorized
   99  by this subparagraph shall not be less than the amount that
  100  would have been paid to the H. Lee Moffitt Cancer Center and
  101  Research Institute in fiscal year 2001-2002, had this
  102  subparagraph been in effect.
  103         Section 2. Subsection (12) of section 215.5602, Florida
  104  Statutes, as amended by section 1 of chapter 2009-5, Laws of
  105  Florida, is amended to read:
  106         215.5602 James and Esther King Biomedical Research
  107  Program.—
  108         (12) For the 2008-2009 fiscal year and each fiscal year
  109  thereafter, the sum of $4.5 million is appropriated annually
  110  from recurring funds in the General Revenue Fund to the
  111  Biomedical Research Trust Fund within the Department of Health
  112  for purposes of the James and Esther King Biomedical Research
  113  Program pursuant to this section. From these funds appropriated
  114  to accomplish the goals of this section, up to $250,000 shall be
  115  available for the operating costs of the Florida Center for
  116  Universal Research to Eradicate Disease.
  117         (a) Beginning in the 2009-2010 fiscal year and thereafter,
  118  5 percent of the revenue deposited into the Health Care Trust
  119  Fund pursuant to ss. 210.011(9) and 210.276(7) shall be reserved
  120  for research of tobacco-related or cancer-related illnesses;
  121  however, the sum of the revenue reserved pursuant to ss.
  122  210.011(9) and 210.276(7) may not exceed $50 million in any
  123  fiscal year.
  124         (b) In the 2009-2010 fiscal year, 2.5 percent, not to
  125  exceed $25 million, of the revenue deposited into the Health
  126  Care Trust Fund pursuant to this subsection shall be transferred
  127  to the Biomedical Research Trust Fund within the Department of
  128  Health for the James and Esther King Biomedical Research
  129  Program.
  130         Section 3. Paragraph (i) of subsection (3) and subsection
  131  (6) of section 381.84, Florida Statutes, are amended to read:
  132         381.84 Comprehensive Statewide Tobacco Education and Use
  133  Prevention Program.—
  134         (3) PROGRAM COMPONENTS AND REQUIREMENTS.—The department
  135  shall conduct a comprehensive, statewide tobacco education and
  136  use prevention program consistent with the recommendations for
  137  effective program components contained in the 1999 Best
  138  Practices for Comprehensive Tobacco Control Programs of the CDC,
  139  as amended by the CDC. The program shall include the following
  140  components, each of which shall focus on educating people,
  141  particularly youth and their parents, about the health hazards
  142  of tobacco and discouraging the use of tobacco:
  143         (i) AHEC smoking-cessation initiative.—For the 2009-2010
  144  2007-2008 and 2008-2009 fiscal year years only, the AHEC network
  145  shall expand the AHEC smoking-cessation initiative to each
  146  county within the state and perform other activities as
  147  determined by the department.
  148         (6) CONTRACT REQUIREMENTS.—Contracts or grants for the
  149  program components or subcomponents described in paragraphs
  150  (3)(a)-(f) shall be awarded by the State Surgeon General, after
  151  consultation with the council, on the basis of merit, as
  152  determined by an open, competitive, peer-reviewed process that
  153  ensures objectivity, consistency, and high quality. The
  154  department shall award such grants or contracts no later than
  155  October 1 for each fiscal year. A recipient of a contract or
  156  grant for the program component described in paragraph (3)(c) is
  157  not eligible for a contract or grant award for any other program
  158  component described in subsection (3) in the same state fiscal
  159  year. A school or college of medicine that is represented on the
  160  council is not eligible to receive a contract or grant under
  161  this section. For the 2009-2010 2007-2008 and 2008-2009 fiscal
  162  year years only, the department shall award a contract or grant
  163  in the amount of $10 million to the AHEC network for the purpose
  164  of developing the components described in paragraph (3)(i). The
  165  AHEC network may apply for a competitive contract or grant after
  166  the 2009-2010 2008-2009 fiscal year.
  167         Section 4. Subsection (5) of section 381.922, Florida
  168  Statutes, as amended by section 2 of chapter 2009-5, Laws of
  169  Florida, is amended to read:
  170         381.922 William G. “Bill” Bankhead, Jr., and David Coley
  171  Cancer Research Program.—
  172         (5) Funds appropriated for the 2008-2009 fiscal year and
  173  each fiscal year thereafter, the sum of $6.75 million is
  174  appropriated annually from recurring funds in the General
  175  Revenue Fund to the Biomedical Research Trust Fund within the
  176  Department of Health for purposes of the William G. “Bill”
  177  Bankhead, Jr., and David Coley Cancer Research Program and shall
  178  be distributed pursuant to this section to provide grants to
  179  researchers seeking cures for cancer and cancer-related
  180  illnesses, with emphasis given to the goals enumerated in s.
  181  381.921. From the total funds appropriated, an amount of up to
  182  10 percent may be used for administrative expenses. In the 2009
  183  2010 fiscal year, 2.5 percent, not to exceed $25 million, of the
  184  revenue deposited into the Health Care Trust Fund pursuant to s.
  185  215.5602(12)(a) shall be transferred to the Biomedical Research
  186  Trust Fund within the Department of Health for the William G.
  187  “Bill” Bankhead, Jr., and David Coley Cancer Research Program.
  188         Section 5. This act shall take effect July 1, 2009.

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