The 2023 Florida Statutes (including Special Session C)

Title XIV
TAXATION AND FINANCE

Chapter 210
TAX ON TOBACCO PRODUCTS

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F.S. 210.20

210.20 Employees and assistants; distribution of funds.—

(1) The division under the applicable rules of the Department of Management Services shall have the power to employ such employees and assistants and incur such other expenses as may be necessary for the administration of this part, within the limits of an appropriation for the operation of the Department of Business and Professional Regulation as may be authorized by the General Appropriations Act.

(2) As collections are received by the division from such cigarette taxes, it shall pay the same into a trust fund in the State Treasury designated “Cigarette Tax Collection Trust Fund” which shall be paid and distributed as follows:

(a) The division shall from month to month certify to the Chief Financial Officer the amount derived from the cigarette tax imposed by s. 210.02, less the service charges provided for in s. 215.20 and less 0.9 percent of the amount derived from the cigarette tax imposed by s. 210.02, which shall be deposited into the Alcoholic Beverage and Tobacco Trust Fund, specifying the amounts to be transferred from the Cigarette Tax Collection Trust Fund and credited on the basis of 2.9 percent of the net collections to the Revenue Sharing Trust Fund for Counties and 29.3 percent of the net collections for the funding of indigent health care to the Public Medical Assistance Trust Fund.

(b) Beginning July 1, 2004, and continuing through June 30, 2013, the division shall from month to month certify to the Chief Financial Officer the amount derived from the cigarette tax imposed by s. 210.02, less the service charges provided for in s. 215.20 and less 0.9 percent of the amount derived from the cigarette tax imposed by s. 210.02, which shall be deposited into the Alcoholic Beverage and Tobacco Trust Fund, specifying an amount equal to 1.47 percent of the net collections, and that amount shall be paid to the Board of Directors of the H. Lee Moffitt Cancer Center and Research Institute, established under s. 1004.43, by warrant drawn by the Chief Financial Officer. Beginning July 1, 2014, and continuing through June 30, 2021, the division shall from month to month certify to the Chief Financial Officer the amount derived from the cigarette tax imposed by s. 210.02, less the service charges provided for in s. 215.20 and less 0.9 percent of the amount derived from the cigarette tax imposed by s. 210.02, which shall be deposited into the Alcoholic Beverage and Tobacco Trust Fund, specifying an amount equal to 4.04 percent of the net collections, and that amount shall be paid to the Board of Directors of the H. Lee Moffitt Cancer Center and Research Institute, established under s. 1004.43, by warrant drawn by the Chief Financial Officer. Beginning July 1, 2021, and continuing through June 30, 2024, the division shall from month to month certify to the Chief Financial Officer the amount derived from the cigarette tax imposed by s. 210.02, less the service charges provided for in s. 215.20 and less 0.9 percent of the amount derived from the cigarette tax imposed by s. 210.02, which shall be deposited into the Alcoholic Beverage and Tobacco Trust Fund, specifying an amount equal to 7 percent of the net collections, and that amount shall be paid to the Board of Directors of the H. Lee Moffitt Cancer Center and Research Institute, established under s. 1004.43, by warrant drawn by the Chief Financial Officer. Beginning July 1, 2024, and continuing through June 30, 2054, the division shall from month to month certify to the Chief Financial Officer the amount derived from the cigarette tax imposed by s. 210.02, less the service charges provided for in s. 215.20 and less 0.9 percent of the amount derived from the cigarette tax imposed by s. 210.02, which shall be deposited into the Alcoholic Beverage and Tobacco Trust Fund, specifying an amount equal to 10 percent of the net collections, and that amount shall be paid to the Board of Directors of the H. Lee Moffitt Cancer Center and Research Institute, established under s. 1004.43, by warrant drawn by the Chief Financial Officer. These funds are appropriated monthly out of the Cigarette Tax Collection Trust Fund, to be used for lawful purposes, including constructing, furnishing, equipping, financing, operating, and maintaining cancer research and clinical and related facilities; furnishing, equipping, operating, and maintaining other properties owned or leased by the H. Lee Moffitt Cancer Center and Research Institute; and paying costs incurred in connection with purchasing, financing, operating, and maintaining such equipment, facilities, and properties. In fiscal years 2004-2005 and thereafter, the appropriation to the H. Lee Moffitt Cancer Center and Research Institute authorized by this paragraph shall not be less than the amount that would have been paid to the H. Lee Moffitt Cancer Center and Research Institute in fiscal year 2001-2002, had this paragraph been in effect.

(c) Beginning July 1, 2017, and continuing through June 30, 2033, the division shall from month to month certify to the Chief Financial Officer the amount derived from the cigarette tax imposed by s. 210.02, less the service charges provided for in s. 215.20 and less 0.9 percent of the amount derived from the cigarette tax imposed by s. 210.02, which shall be deposited into the Alcoholic Beverage and Tobacco Trust Fund, specifying an amount equal to 1 percent of the net collections, not to exceed $3 million annually, and that amount shall be deposited into the Biomedical Research Trust Fund in the Department of Health. These funds are appropriated annually from the Biomedical Research Trust Fund for the advancement of cures for cancers afflicting pediatric populations through basic or applied research, including, but not limited to, clinical trials and nontoxic drug discovery. These funds are not included in the calculation for the distribution of funds pursuant to s. 381.915; however, these funds shall be distributed to cancer centers participating in the Casey DeSantis Cancer Research Program in the same proportion as is allocated to each cancer center in accordance with s. 381.915 and are in addition to any funds distributed pursuant to that section.

(3) After all distributions hereinabove provided for have been made, the balance of the revenue produced from the tax imposed by this part shall be deposited in the General Revenue Fund.

History.—s. 17, ch. 21946, 1943; s. 18, ch. 22645, 1945; s. 1, ch. 26320, 1949; s. 16, ch. 26869, 1951; s. 1, ch. 29827, 1955; s. 7, ch. 57-169; s. 2, ch. 61-119; s. 3, ch. 61-493; s. 1, ch. 67-437; ss. 3, 5, ch. 68-30; ss. 16, 35, ch. 69-106; ss. 8, 9, ch. 72-360; s. 3, ch. 77-409; s. 14, ch. 79-11; s. 3, ch. 85-294; s. 3, ch. 86-123; s. 15, ch. 87-86; ss. 22, 80, ch. 90-132; s. 113, ch. 91-112; s. 81, ch. 92-279; s. 55, ch. 92-326; s. 16, ch. 94-218; s. 1, ch. 98-286; s. 28, ch. 2000-355; s. 32, ch. 2001-60; s. 914, ch. 2002-387; s. 2, ch. 2002-393; s. 18, ch. 2003-1; s. 181, ch. 2003-261; s. 1, ch. 2009-58; s. 3, ch. 2012-32; s. 3, ch. 2013-42; s. 8, ch. 2014-38; s. 20, ch. 2017-36; s. 1, ch. 2017-129; s. 15, ch. 2021-31; s. 9, ch. 2022-150.

F.S. 210.20 on Google Scholar

F.S. 210.20 on Casetext

Amendments to 210.20

Arrestable Offenses / Crimes under Fla. Stat. 210.20

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 210.20.

Annotations, Discussions, Cases:

Cases from cite.case.law:

AMARIN PHARMA, INC. v. INTERNATIONAL TRADE COMMISSION, DSM NV, DSM S. A. C. DSM LLC, DSM LLC, In, 923 F.3d 959 (Fed. Cir. 2019)

. . . definition of "complaint," the court recognized that a complaint must comply with then-Commission Rule 210.20 . . .

DUHS, v. CAPRA,, 180 F. Supp. 3d 205 (E.D.N.Y. 2016)

. . . permitting the State to resubmit the top count of the indictment following dismissal violated C.P.L. 210.20 . . . motion without a hearing was improper; (3) the trial court’s denial of his motion pursuant to C.P.L. 210.20 . . . unpreserved for appellate review and that, even if the entire first indictment had been dismissed, C.P.L. 210.20 . . .

DUHS, v. CAPRA,, 83 F. Supp. 3d 435 (E.D.N.Y. 2015)

. . . Law § 210.20(l)(b) & (c). . . .

EDWARDS, v. SUPERINTENDENT, SOUTHPORT C. F., 991 F. Supp. 2d 348 (E.D.N.Y. 2013)

. . . Criminal Procedure Law §§ 30.20, 30.30, and 210.20, the Sixth Amendment of the U.S. . . .

A. FOX, v. COUNTY OF YATES,, 922 F. Supp. 2d 424 (W.D.N.Y. 2013)

. . . jury proceedings, Fox moved to dismiss the indictment pursuant to New York Criminal Procedure Law §§ 210.20 . . .

BERTUGLIA, v. CITY OF NEW YORK,, 839 F. Supp. 2d 703 (S.D.N.Y. 2012)

. . . Law §§ 210.20(l)(b), (l)(i), (4). . . .

CORNELL, v. KIRKPATRICK,, 665 F.3d 369 (2d Cir. 2011)

. . . Law § 210.20(4)). . . .

HOFFLER, v. R. BEZIO, T., 831 F. Supp. 2d 570 (N.D.N.Y. 2011)

. . . 2009, Hoffler moved to dismiss the Indictment pursuant to New York’s Criminal Procedure Law (“CPL”) §§ 210.20 . . .

WHITLEY, v. E. ERCOLE,, 725 F. Supp. 2d 398 (S.D.N.Y. 2010)

. . . Penal Law § 210.20. ' Whitley contends that the State procured Richardson’s unavailability with the threat . . .

T. LEAR, v. POOLE,, 711 F. Supp. 2d 288 (W.D.N.Y. 2010)

. . . Law] 210.20, subd. 1), significant factors in considering sufficiency are the span of time set forth . . .

VELEZ, v. NOVARTIS PHARMACEUTICALS CORPORATION,, 244 F.R.D. 243 (S.D.N.Y. 2007)

. . . Lanier’s report concludes that women who take FMLA leave earn an average of $210.20 less per month for . . .

J. C. McCRARY, v. COUNTY OF NASSAU, J. C. v., 493 F. Supp. 2d 581 (E.D.N.Y. 2007)

. . . On March 23, 2006, pursuant to New York State Criminal Procedure Law (“NYCPL”) Sections 210.20(c) and . . .

DIXON, v. P. McGINNIS,, 492 F. Supp. 2d 343 (S.D.N.Y. 2007)

. . . . § 210.20 within the five days allotted by N.Y.C.P.L. § 190.50(5)(c), thereby waiving Dixon’s right . . . Although Dixon’s motion to dismiss the indictment pursuant to N.Y.C.P.L. § 210.20 was dated June 8, 2001 . . . Although Dixon’s attorney’s failure to submit the N.Y.C.P.L. § 210.20 motion to dismiss the indictment . . .

SMITH, v. M. MAHER,, 468 F. Supp. 2d 466 (W.D.N.Y. 2006)

. . . to paragraph (e) of subdivision one of section 170.30 or paragraph (g) of subdivision one of section 210.20 . . .

DALLIO, v. L. SPITZER,, 343 F.3d 553 (2d Cir. 2003)

. . . See Mar. 30, 1994 Aff. in Support of Motion Pursuant to C.P.L. 210.20, 30.20 at 3, Exhibit B to Respondents . . .

CHANDLER, B- v. W. MOSCICKI,, 253 F. Supp. 2d 478 (W.D.N.Y. 2003)

. . . motion to dismiss the indictment pursuant to Criminal Procedural Law (CPL) § 190.50 subdivision 5(c) and 210.20 . . .

NEW YORK, v. TANELLA,, 239 F. Supp. 2d 291 (E.D.N.Y. 2003)

. . . Criminal Procedure Law § 210.20, before I decide the issue of removal. . . .

ROGERS, v. CITY OF AMSTERDAM,, 303 F.3d 155 (2d Cir. 2002)

. . . . §§ 10.30(1), 30.30, 210.20(l)(g). . . .

APARICIO, v. ARTUZ,, 269 F.3d 78 (2d Cir. 2001)

. . . Law § 210.20(2) (requiring that motions to dismiss or reduce an indictment because the prosecution is . . . N.Y.2d 643, 644, 542 N.Y.S.2d 512, 540 N.E.2d 707 (1989) (failure to move for relief authorized by § 210.20 . . .

OBABUEKI, v. INTERNATIONAL BUSINESS MACHINES CORP., 145 F. Supp. 2d 371 (S.D.N.Y. 2001)

. . . instrument against such person pursuant to section 170.30, 170.50, 170.55, 170.56, 170.75, 180.70, 210.20 . . .

CADILLA, v. JOHNSON,, 119 F. Supp. 2d 366 (S.D.N.Y. 2000)

. . . . § 210.20(c) and § 210.35(5) (McKinney 1993). . . .

MURPHY, v. LYNN, a a a a, 118 F.3d 938 (2d Cir. 1997)

. . . . §§ 210.20(l)(g), (4) (McKinney 1993). C. . . .

T. GRADY, Sr. v. P. ARTUZ,, 931 F. Supp. 1048 (S.D.N.Y. 1996)

. . . See CPL §§ 210.20(l)(a), 210.25(1). . . .

A. RUSSELL, v. SMITH, 68 F.3d 33 (2d Cir. 1995)

. . . See N.Y.Crim.Proc.Law § 210.20(4). . . . N.Y.Crim.Proc.Law § 210.20(4); People v. . . .

ROBINSON, v. ILLINOIS STATE CORRECTIONAL CENTER STATEVILLE WARDEN A., 890 F. Supp. 715 (N.D. Ill. 1995)

. . . Although Illinois prison regulations permit the establishment of commissaries, Ill.Admin.Code tit. 20, § 210.20 . . .

ROBERTS, v. J. SCULLY,, 875 F. Supp. 182 (S.D.N.Y. 1995)

. . . . § 210.20, and she argued that Roberts’ failure to do so should preclude post-appeal consideration of . . . by virtue of his failure to assert them on a motion to dismiss the indictment under Crim.Proc.L. § 210.20 . . .

C. BENTLEY, v. SCULLY,, 851 F. Supp. 586 (S.D.N.Y. 1994)

. . . On January 12,1982 Bentley filed a motion to dismiss the Bronx indictment pursuant to CPL § 210.20, subd . . .

ARROW MASTER, INCORPORATED, a v. UNIQUE FORMING LIMITED, a, 12 F.3d 709 (7th Cir. 1993)

. . . Accordingly, it granted judgment for Arrow Master and against Unique in the amount of $93,-210.20, plus . . .

PARRON, v. C. QUICK,, 869 F.2d 87 (2d Cir. 1989)

. . . Crim.P.Law §§ 210.20(l)(g) & (2) — because Parrón did not raise the objection before trial, and on substantive . . .

SALDANA, v. STATE OF NEW YORK,, 665 F. Supp. 271 (S.D.N.Y. 1987)

. . . provisions of paragraph (a) or (b) is invalid and, upon a motion made pursuant to section 170.50 or section 210.20 . . . grand jury proceeding is defective within the meaning of paragraph (c) of subdivision one of section 210.20 . . .

CAMARANO, v. CITY OF NEW YORK,, 646 F. Supp. 246 (S.D.N.Y. 1986)

. . . 23, 1982, apparently without first obtaining court authorization as required by N.Y.Crim.Proc.Law § 210.20 . . . The standard the court applied in dismissing the charge is found in N.Y.Crim.Proc.Law § 210.20(l)(b) . . .

SCHAPER MANUFACTURING CO. A. d b a A. v. U. S. INTERNATIONAL TRADE COMMISSION,, 717 F.2d 1368 (Fed. Cir. 1983)

. . . . § 210.20(a).8(H) (1982). This is a well-settled rule of longstanding. . . .

SYNTEX AGRIBUSINESS, INC. v. UNITED STATES INTERNATIONAL TRADE COMMISSION Co., 659 F.2d 1038 (C.C.P.A. 1981)

. . . no factual support for such allegation” and that the complaint was not properly filed under 19 CFR 210.20 . . . 1930 (19 U.S.C. §§ 1333 and 1335), it is clear that Syntex’s revised complaint must comply with 19 CFR 210.20 . . . Syntex alleges monopolization and conspiracy by Alps and Mitsui, its complaint must comply with 19 CFR 210.20 . . . Commission shall notify the complainant in writing of its action with the reasons therefor. . 19 CFR 210.20 . . . Syntex does not argue the validity of the quoted provisions of 19 CFR 210.20. . . . . inherently deficient, that is, whether it fails to satisfy the minimum pleading requirements of ITC rule 210.20 . . . Sufficiency of the Second Complaint The mandatory contents of a § 337 complaint are set forth in 19 CFR 210.20 . . . 8(a) of the Federal Rules of Civil Procedure (FRCP), are inadequate for ITC purposes; and ITC rule 210.20 . . .

v. Co., 68 C.C.P.A. 141 (C.C.P.A. 1981)

. . . no factual support for such allegation” and that the complaint was not properly filed under 19 CFR 210.20 . . . 1930 (19 U.S.C. 1333 and 1335), it is clear that Syntex’s revised complaint must comply with 19 CFR 210.20 . . . Syntex alleges monopolization and conspiracy by Alps and Mitsui, its complaint must comply with 19 CFR 210.20 . . . disposition of Syntex’s petition for a writ of mandamus on the basis of failure to comply with 19 CFR 210.20 . . . Commission shall notify the complainant in writing of its action with the reasons therefor. 19 CFR 210.20 . . . inherently deficient, that is, whether it fails to satisfy the minimum pleading requirements of ITC rule 210.20 . . . sufficiency OF THE SECOND COMPLAINT The mandatory contents of a § 337 complaint are set forth in 19 CFR 210.20 . . . 8(a) of the Federal Rules of Civil Procedure (FRCP), are inadequate for ITC purposes; and ITC rule 210.20 . . .

SINGLETON, v. CITY OF NEW YORK,, 632 F.2d 185 (2d Cir. 1980)

. . . instrument against such person pursuant to section 170.30, 170.50, 170.55, 170.56, 170.75, 180.70, 210.20 . . .

RODRIGUEZ, v. R. HARRIS,, 496 F. Supp. 116 (S.D.N.Y. 1980)

. . . . §§ 210.20 and 255.20. . Wainwright v. . . .

DuBOSE, v. LEFEVRE,, 619 F.2d 973 (2d Cir. 1980)

. . . Law § 210.20). A transcript of the Edwards proceeding was attached. . . .

GOODRICH v. GONZALEZ, P., 451 F. Supp. 747 (E.D.N.Y. 1978)

. . . CPL §§ 210.20(l)(g) and (4), 210.40; cf. Perez v. . . .

KELLY, v. J. SMITH,, 425 F. Supp. 184 (E.D.N.Y. 1977)

. . . CPL § 210.20, and offers no explanation or showing of actual prejudice. . . . CPL § 210.20 provided that a motion charging defects in the grand jury proceedings “should be made prior . . .

LANGELLA, v. COMMISSIONER OF CORRECTIONS, STATE OF NEW YORK,, 545 F.2d 818 (2d Cir. 1976)

. . . 710.70(2) permit Langella to challenge the legality of the electronic surveillance and that NYCPL § 210.20 . . . (l)(c) and § 210.20(l)(d) (McKinney 1971), permit him to challenge the same grand jury’s hearing his . . . NYCPL § 210.20(l)(c) and (l)(d) provide: 1. . . .

A. L. v., 66 T.C. 515 (T.C. 1976)

. . . The petitioner expended a total of $210.20 in gaining admission to practice law in the State of New York . . . The parties stipulated that the petitioner expended a total of $210.20 in connection, with gaining admission . . .

LANGELLA, v. COMMISSIONER OF CORRECTIONS, STATE OF NEW YORK,, 413 F. Supp. 1214 (S.D.N.Y. 1976)

. . . . §§ 210.20(l)(c), d)(d), (2). . . .

UNITED STATES McCRAWFORD, v. A. J. SINGERMAN,, 369 F. Supp. 641 (S.D.N.Y. 1973)

. . . . § 210.20, subd. 1(g), on the ground that he had been deprived of his constitutional and statutory right . . .

PEOPLE OF STATE OF NEW YORK, v. BAKER, 354 F. Supp. 162 (S.D.N.Y. 1973)

. . . Laws, c. 11-A, § 210.20. Mr. Justice Martinis’ decision of June 27, 1972, and that of Mr. . . .

STATE VOLUSIA COUNTY, v. O. DICKINSON, Jr. W., 269 So. 2d 9 (Fla. 1972)

. . . the County by the State Comptroller in accordance with the procedures under the provisions of Section 210.20 . . .

THE FLORIDA BAR, v. F. FROST,, 246 So. 2d 751 (Fla. 1971)

. . . Frost, be publicly reprimanded and pay the costs of these proceedings in the amount of $210.20. . . .

STATE DADE COUNTY, a v. A. R. BRAUTIGAM, O. Jr., 224 So. 2d 688 (Fla. 1969)

. . . The petition then sets out the following provisions of Fla.Stat., § 210.20(2) (a), F.S.A., as follows . . . Const. 1968. “(2) Ch. 68-30, Laws of Florida, amending Sec. 210.20, F.S.: ‘(2) * * * (a) * * * twenty . . .

In HUDSON MANHATTAN RAILROAD COMPANY,, 224 F. Supp. 815 (N.D.N.Y. 1963)

. . . It also awards $210.20 for disbursements. Arthur Miller Mr. . . .

STATE v. INTER- AMERICAN CENTER AUTHORITY, a, 143 So. 2d 1 (Fla. 1962)

. . . Chapter 29827, Acts of 1955, amended § 210.20, Florida Statutes, F.S.A., and was discussed by this court . . .

SMALLWOOD, M. A. S. v. B. FOLSOM,, 161 F. Supp. 313 (D. Conn. 1958)

. . . These payments total $210.20. . . .

STATE v. INTER- AMERICAN CENTER AUTHORITY, a, 84 So. 2d 9 (Fla. 1955)

. . . . § 210.20, providing for payment to the Trade Center of cigarette taxes collected on cigarettes sold . . .

McCULLEY v. KELM, 112 F. Supp. 832 (D. Minn. 1953)

. . . .$ 50.00 Feed sales commission............ 160.20 210.20 “Sale of Livestock and Other Items Purchased . . .

SUNNYBROOK COAL CO. v. UNITED STATES, 81 F. Supp. 246 (Ct. Cl. 1948)

. . . With the exception of 210.20 tons of coal which have now 'been eliminated by the plaintiff, the consignees . . .

SUNNYBROOK COAL COMPANY v. THE UNITED STATES, 112 Ct. Cl. 267 (Ct. Cl. 1948)

. . . With the exception of 210.20 tons of coal which have now been eliminated by the plaintiff, the consignees . . .