Florida Statute 17.41 | Lawyer Caselaw & Research

Florida Statute 17.41 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title IV
EXECUTIVE BRANCH

Chapter 17
CHIEF FINANCIAL OFFICER

View Entire Chapter

F.S. 17.41

17.41 Department of Financial Services Tobacco Settlement Clearing Trust Fund.—

(1) The Department of Financial Services Tobacco Settlement Clearing Trust Fund, which shall be referred to as the “Lawton Chiles Trust Fund,” is created within that department.

(2) Funds to be credited to the Tobacco Settlement Clearing Trust Fund shall consist of payments received by the state from settlement of State of Florida v. American Tobacco Co., No. 95-1466AH (Fla. 15th Cir. Ct. 1996). Moneys received from the settlement and deposited into the trust fund are exempt from the service charges imposed under s. 215.20.

(3)(a) Subject to approval of the Legislature, all or any portion of the state’s right, title, and interest in and to the tobacco settlement agreement may be sold to the Tobacco Settlement Financing Corporation created pursuant to s. 215.56005. Any such sale shall be a true sale and not a borrowing.

(b) Any moneys received by the state pursuant to any residual interest retained in the tobacco settlement agreement or the payments to be made under the tobacco settlement agreement shall be deposited into the Tobacco Settlement Clearing Trust Fund.

(4) The department shall disburse funds, by nonoperating transfer, from the Tobacco Settlement Clearing Trust Fund to the tobacco settlement trust funds of the various agencies or to the Biomedical Research Trust Fund in the Department of Health, as appropriate, in amounts equal to the annual appropriations made from those agencies’ trust funds in the General Appropriations Act.

(5) Pursuant to the provisions of s. 19(f)(3), Art. III of the State Constitution, the Tobacco Settlement Clearing Trust Fund is exempt from the termination provisions of s. 19(f)(2), Art. III of the State Constitution.

History.—s. 1, ch. 99-197; s. 3, ch. 2000-122; s. 2, ch. 2000-128; s. 1, ch. 2001-73; s. 45, ch. 2003-261; s. 1, ch. 2004-282; s. 1, ch. 2004-350; s. 2, ch. 2021-43; s. 1, ch. 2022-150.

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Amendments to 17.41

Arrestable Offenses / Crimes under Fla. Stat. 17.41

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 17.41.

Annotations, Discussions, Cases:

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Cases Citing Statute 17.41

Total Results: 3

Timothy W. Fletcher v. State of Florida

Court: Supreme Court of Florida | Date Filed: 2015-06-25

Citation: 168 So. 3d 186, 40 Fla. L. Weekly Supp. 366, 2015 Fla. LEXIS 1387, 2015 WL 3887475

Snippet: relies on Hayward v. State, 24 So.3d 17, 41 (Fla.2009), in which the prosecutor commented on

Added to database: 2025-08-29 19:20:49

Peterson v. State

Court: Supreme Court of Florida | Date Filed: 2012-05-17

Citation: 94 So. 3d 514, 37 Fla. L. Weekly Supp. 370, 2012 WL 1722581, 2012 Fla. LEXIS 963

Snippet: fundamental error. In Hayward v. State, 24 So.3d 17, 41-43 (Fla.2009), this Court held that the prosecutor

Added to database: 2025-08-29 19:20:49

Price v. the Western Union Telegraph Co.

Court: Supreme Court of Florida | Date Filed: 1945-10-02

Citation: 23 So. 2d 491, 156 Fla. 406, 1945 Fla. LEXIS 875

Snippet: Western Union Telegraph Co. v. Speight,254 U.S. 17, 41 S.Ct. 11, 65 L.Ed. 104; Basila v. Western Union

Added to database: 2025-08-29 19:20:49