CRC - 2017                                           CS for P 94
       
       
        
       By the Committee on Finance and Taxation; and Commissioner Nuñez
       
       340-00196-17                                            201794c1
    1                         A proposal to amend                       
    2         Section 27 of Article X of the State Constitution to
    3         require that cancer research be included in the
    4         comprehensive statewide tobacco education and
    5         prevention program.
    6          
    7  Be It Proposed by the Constitution Revision Commission of
    8  Florida:
    9  
   10         Section 27 of Article X of the State Constitution is
   11  amended to read:
   12                              ARTICLE X                            
   13                            MISCELLANEOUS                          
   14         SECTION 27. Comprehensive Statewide Tobacco Education And
   15  Prevention Program.—In order to protect people, especially
   16  youth, from health hazards of using tobacco, including addictive
   17  disorders, cancer, cardiovascular diseases, and lung diseases;
   18  and to discourage use of tobacco, particularly among youth, a
   19  portion of the money that tobacco companies pay to the State of
   20  Florida under the Tobacco Settlement each year shall be used to
   21  fund a comprehensive statewide tobacco education and prevention
   22  program consistent with recommendations of the U.S. Centers for
   23  Disease Control and Prevention (CDC), as follows:
   24         (a) PROGRAM. The money appropriated pursuant to this
   25  section shall be used to fund a comprehensive statewide tobacco
   26  education and prevention program consistent with the
   27  recommendations for effective program components in the 1999
   28  Best Practices for Comprehensive Tobacco Control Programs of the
   29  CDC, as such Best Practices may be amended by the CDC. This
   30  program shall include, at a minimum, the following components,
   31  and may include additional components that are also contained
   32  within the CDC Best Practices, as periodically amended, and that
   33  are effective at accomplishing the purpose of this section, and
   34  that do not undermine the effectiveness of these required
   35  minimum components:
   36         (1) An advertising campaign to discourage the use of
   37  tobacco and to educate people, especially youth, about the
   38  health hazards of tobacco, which shall be designed to be
   39  effective at achieving these goals and shall include, but need
   40  not be limited to, television, radio, and print advertising,
   41  with no limitations on any individual advertising medium
   42  utilized; and which shall be funded at a level equivalent to
   43  one-third of each total annual appropriation required by this
   44  section;
   45         (2) Evidence-based curricula and programs to educate youth
   46  about tobacco and to discourage their use of it, including, but
   47  not limited to, programs that involve youth, educate youth about
   48  the health hazards of tobacco, help youth develop skills to
   49  refuse tobacco, and demonstrate to youth how to stop using
   50  tobacco;
   51         (3) Programs of local community-based partnerships that
   52  discourage the use of tobacco and work to educate people,
   53  especially youth, about the health hazards of tobacco, with an
   54  emphasis on programs that involve youth and emphasize the
   55  prevention and cessation of tobacco use;
   56         (4) Enforcement of laws, regulations, and policies against
   57  the sale or other provision of tobacco to minors, and the
   58  possession of tobacco by minors; and
   59         (5) Publicly-reported annual evaluations to ensure that
   60  moneys appropriated pursuant to this section are spent properly,
   61  which shall include evaluation of the program’s effectiveness in
   62  reducing and preventing tobacco use, and annual recommendations
   63  for improvements to enhance the program’s effectiveness, which
   64  are to include comparisons to similar programs proven to be
   65  effective in other states, as well as comparisons to CDC Best
   66  Practices, including amendments thereto.
   67         (6) Research of Cancer. Funds appropriated shall be
   68  distributed evenly between competitive cancer research projects
   69  that are administered by the biomedical research advisory
   70  council. After consultation with the biomedical research
   71  advisory council, the state surgeon general shall award the
   72  grants.
   73         (b) FUNDING.
   74         (1) Each fiscal year In every year beginning with the
   75  calendar year after voters approve this amendment, the Florida
   76  legislature shall appropriate, for the purpose expressed herein,
   77  from the total gross funds that tobacco companies pay to the
   78  State of Florida under the Tobacco Settlement, an amount equal
   79  to fifteen percent of such funds paid to the State in 2005; and
   80  the appropriation required by this section shall be adjusted
   81  annually for inflation, using the Consumer Price Index as
   82  published by the United States Department of Labor.
   83         (c) DEFINITIONS. “Tobacco” includes, without limitation,
   84  tobacco itself and tobacco products that include tobacco and are
   85  intended or expected for human use or consumption, including,
   86  but not limited to, cigarettes, cigars, pipe tobacco, and
   87  smokeless tobacco. The “Tobacco Settlement” means that certain
   88  Settlement Agreement dated August 25, 1997, entered into in
   89  settlement of the case styled as State of Florida, et al. v.
   90  American Tobacco Company, et al., Case No. 95-1466 AH (Fla. 15th
   91  Cir. Ct.), as amended by Stipulation of Amendment dated
   92  September 11, 1998; and includes any subsequent amendments and
   93  successor agreements. “Youth” includes minors and young adults.
   94         (d) EFFECTIVE DATE. This amendment shall become effective
   95  immediately upon approval by the voters.