CRC - 2017                                                  P 94
       By Commissioner Nuñez
       nuezj-00101-17                                          201794__
    1                         A proposal to amend                       
    2         Section 27 of Article X of the State Constitution to
    3         require that a certain percentage of funds from the
    4         proceeds of the tobacco settlement entered into with
    5         the state be dedicated to the research and treatment
    6         of cancer.
    8  Be It Proposed by the Constitution Revision Commission of
    9  Florida:
   11         Section 27 of Article X of the State Constitution is
   12  amended to read:
   13                              ARTICLE X                            
   14                            MISCELLANEOUS                          
   15         SECTION 27. Comprehensive Statewide Tobacco Education And
   16  Prevention Program.—In order to protect people, especially
   17  youth, from health hazards of using tobacco, including addictive
   18  disorders, cancer, cardiovascular diseases, and lung diseases;
   19  and to discourage use of tobacco, particularly among youth, a
   20  portion of the money that tobacco companies pay to the State of
   21  Florida under the Tobacco Settlement each year shall be used to
   22  fund a comprehensive statewide tobacco education and prevention
   23  program consistent with recommendations of the U.S. Centers for
   24  Disease Control and Prevention (CDC), as follows:
   25         (a) PROGRAM. The money appropriated pursuant to this
   26  section shall be used to fund a comprehensive statewide tobacco
   27  education and prevention program consistent with the
   28  recommendations for effective program components in the 1999
   29  Best Practices for Comprehensive Tobacco Control Programs of the
   30  CDC, as such Best Practices may be amended by the CDC. This
   31  program shall include, at a minimum, the following components,
   32  and may include additional components that are also contained
   33  within the CDC Best Practices, as periodically amended, and that
   34  are effective at accomplishing the purpose of this section, and
   35  that do not undermine the effectiveness of these required
   36  minimum components:
   37         (1) An advertising campaign to discourage the use of
   38  tobacco and to educate people, especially youth, about the
   39  health hazards of tobacco, which shall be designed to be
   40  effective at achieving these goals and shall include, but need
   41  not be limited to, television, radio, and print advertising,
   42  with no limitations on any individual advertising medium
   43  utilized; and which shall be funded at a level equivalent to
   44  one-third of each total annual appropriation required by this
   45  section;
   46         (2) Evidence-based curricula and programs to educate youth
   47  about tobacco and to discourage their use of it, including, but
   48  not limited to, programs that involve youth, educate youth about
   49  the health hazards of tobacco, help youth develop skills to
   50  refuse tobacco, and demonstrate to youth how to stop using
   51  tobacco;
   52         (3) Programs of local community-based partnerships that
   53  discourage the use of tobacco and work to educate people,
   54  especially youth, about the health hazards of tobacco, with an
   55  emphasis on programs that involve youth and emphasize the
   56  prevention and cessation of tobacco use;
   57         (4) Enforcement of laws, regulations, and policies against
   58  the sale or other provision of tobacco to minors, and the
   59  possession of tobacco by minors; and
   60         (5) Publicly-reported annual evaluations to ensure that
   61  moneys appropriated pursuant to this section are spent properly,
   62  which shall include evaluation of the program’s effectiveness in
   63  reducing and preventing tobacco use, and annual recommendations
   64  for improvements to enhance the program’s effectiveness, which
   65  are to include comparisons to similar programs proven to be
   66  effective in other states, as well as comparisons to CDC Best
   67  Practices, including amendments thereto.
   68         (b) FUNDING. 
   69         (1) Each fiscal year In every year beginning with the
   70  calendar year after voters approve this amendment, the Florida
   71  legislature shall appropriate, for the purpose expressed herein,
   72  from the total gross funds that tobacco companies pay to the
   73  State of Florida under the Tobacco Settlement, an amount equal
   74  to fifteen percent of such funds paid to the State in 2005; and
   75  the appropriation required by this section shall be adjusted
   76  annually for inflation, using the Consumer Price Index as
   77  published by the United States Department of Labor.
   78         (2) Beginning with the 2019-2020 fiscal year, twenty
   79  percent of the funding provided pursuant to paragraph (1) must
   80  be used for purposes related to the research and treatment of
   81  cancer. Funds shall be distributed evenly between competitive
   82  cancer research projects that are administered by the biomedical
   83  research advisory council. After consultation with the
   84  biomedical research advisory council, the state surgeon general
   85  shall award the grants.
   86         (c) DEFINITIONS. “Tobacco” includes, without limitation,
   87  tobacco itself and tobacco products that include tobacco and are
   88  intended or expected for human use or consumption, including,
   89  but not limited to, cigarettes, cigars, pipe tobacco, and
   90  smokeless tobacco. The “Tobacco Settlement” means that certain
   91  Settlement Agreement dated August 25, 1997, entered into in
   92  settlement of the case styled as State of Florida, et al. v.
   93  American Tobacco Company, et al., Case No. 95-1466 AH (Fla. 15th
   94  Cir. Ct.), as amended by Stipulation of Amendment dated
   95  September 11, 1998; and includes any subsequent amendments and
   96  successor agreements. “Youth” includes minors and young adults.
   97         (d) EFFECTIVE DATE. This amendment shall become effective
   98  immediately upon approval by the voters.