Florida Statute 17.41 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title IV
EXECUTIVE BRANCH

Chapter 17
CHIEF FINANCIAL OFFICER

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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:

Cases Citing Statute 17.41

Total Results: 14

ZACHARY CARLTON DIXON v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2018-10-24T00:53:00-07:00

Snippet: fundamental error. See Hayward v. State, 24 So. 3d 17, 41 (Fla. 2009) (fundamental error is “an error that

Mitchell v. Mitchell

Court: Fla. Dist. Ct. App. | Date Filed: 2016-08-24T00:00:00-07:00

Citation: 198 So. 3d 1096, 2016 Fla. App. LEXIS 12823, 2016 WL 4445936

Snippet: a weapon in the house. 17:38 Appellant: And.... 17:41 Appellant: Don’t * * * with me I just had a text

Timothy W. Fletcher v. State of Florida

Court: Fla. | Date Filed: 2015-06-25T00:00:00-07:00

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

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

Peterson v. State

Court: Fla. | Date Filed: 2012-05-17T00:00:00-07:00

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

Shelton v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2011-03-30T00:00:00-07:00

Citation: 59 So. 3d 248, 2011 Fla. App. LEXIS 4343, 2011 WL 1135156

Snippet: the life sentence. See Hayward v. State, 24 So.3d 17, 41 (Fla.2009) (fundamental error is “an error that

Dorestin v. Hollywood Imports, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2010-08-11T00:00:00-07:00

Citation: 45 So. 3d 819, 2010 Fla. App. LEXIS 12337, 2010 WL 3154848

Snippet: c. (1981)). . Tex. Bus. & Com.Code Ann. § 17.41 et seq. .Section 19.86.090, Washington Revised

Ago

Court: Fla. Att'y Gen. | Date Filed: 1991-10-09T00:53:00-07:00

Snippet: entity either before or after certification under s. 17.041(5), F.S., legally discharge or forgive the claim…Department of Banking and Finance pursuant to s. 17.041, F.S., such an account or claim may not be settled…claim either before or after certification under s. 17.041(5), F.S. Your question, thus, relates to the powers…collection agency as provided in s. 17.20, F.S. Section 17.041(5), F.S., expressly provides that no account or…been certified to the department pursuant to s. 17.041, F.S., may be settled for less than the amount

Middlebrooks v. DEPT. OF STATE, DIV. OF LICENSING

Court: Fla. Dist. Ct. App. | Date Filed: 1990-06-07T00:53:00-07:00

Citation: 565 So. 2d 727

Snippet: Associate Judge, concur. NOTES [1] Ch. 86-193, §§ 17, 41, Laws of Fla. In 1987, section 493.319(1)(p) was

Rollins, Inc. v. Heller

Court: Fla. Dist. Ct. App. | Date Filed: 1984-06-26T00:00:00-07:00

Citation: 454 So. 2d 580

Snippet: Practices Act, Tex.Bus. & Com. Code Ann. § 17.41, et. seq. (Vernon 1979), the Texas supreme court

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

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