Florida Statute 17.41 - Full Text and Legal Analysis

The 2025 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

Annotations, Discussions, Cases:

Cases Citing Statute 17.41

Total Results: 5

Rollins, Inc. v. Heller

454 So. 2d 580

District Court of Appeal of Florida | Filed: Jun 26, 1984 | Docket: 2510125

Cited 108 times | Published

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

Dorestin v. Hollywood Imports, Inc.

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

District Court of Appeal of Florida | Filed: Aug 11, 2010 | Docket: 60296072

Cited 10 times | Published

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

Texas v. Garner (In re Garner)

515 B.R. 643

United States Bankruptcy Court, M.D. Florida | Filed: Sep 5, 2014 | Docket: 65786608

Cited 3 times | Published

Management Services Act); Tex. Bus. & Com.Code Ann. § 17.41 et seq. (Deceptive Trade Practices-Consumer Protection

Ameritox, Ltd. v. Millennium Laboratories, Inc.

803 F.3d 517

Court of Appeals for the Eleventh Circuit | Filed: Sep 3, 2015 | Docket: 2698908

Published

Protection Act, Tex.Code Ann. Bus. & Com. Code § 17.41, et seq., (V) the New York Consumer

Ago

Florida Attorney General Reports | Filed: Oct 9, 1991 | Docket: 3257186

Published

collection agency as provided in s. 17.20, F.S. Section 17.041(5), F.S., expressly provides that no account