Advisory Opinion to the Attorney General re: Protect People, Especially Youth, From Addiction, Disease, & Other Health Hazards of Using Tobacco

926 So. 2d 1186, 31 Fla. L. Weekly Supp. 166, 2006 Fla. LEXIS 443, 2006 WL 644872
CourtSupreme Court of Florida
DecidedMarch 16, 2006
DocketNos. SC05-1897, SC05-2098
StatusPublished
Cited by20 cases

This text of 926 So. 2d 1186 (Advisory Opinion to the Attorney General re: Protect People, Especially Youth, From Addiction, Disease, & Other Health Hazards of Using Tobacco) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Advisory Opinion to the Attorney General re: Protect People, Especially Youth, From Addiction, Disease, & Other Health Hazards of Using Tobacco, 926 So. 2d 1186, 31 Fla. L. Weekly Supp. 166, 2006 Fla. LEXIS 443, 2006 WL 644872 (Fla. 2006).

Opinion

PER CURIAM.

The Attorney General has requested that this Court review a proposed amendment to the Florida Constitution designed to protect people, especially youth, from addiction, disease, or other health hazards of using tobacco, including the corresponding financial impact statement. We have jurisdiction. See art. IV, § 10, art. V, § 3(b)(10), Fla. Const. For the reasons explained below, we approve the amendment, the ballot title and summary, and the financial impact statement for placement on the ballot.

I. THE PROPOSALS

The text of the proposed amendment, the ballot title and summary, and the financial impact statement are set out individually below.

A. Proposed Amendment

The proposed amendment1 provides as follows:

BE IT ENACTED BY THE PEOPLE OF FLORIDA THAT:
Article X, Florida Constitution, is amended to add the following:
[1189]*1189Section 27. Comprehensive Statewide Tobacco Education and Prevention Program. In order to protect people, especially youth, from health hazards of using tobacco, including addictive disorders, cancer, cardiovascular diseases, and lung diseases; and to discourage use of tobacco, particularly among youth, a portion of the money that tobacco companies pay to the State of Florida under the Tobacco Settlement each year shall be used to fund a comprehensive statewide tobacco education and prevention program consistent with recommendations of the U.S. Centers for Disease Control and Prevention (CDC), as follows:
(a) Program. The money appropriated pursuant to this section shall be used to fund a comprehensive statewide tobacco education and prevention program consistent with the recommendations for effective program components in the 1999 Best Practices for Comprehensive Tobacco Control Programs of the CDC, as such Best Practices may be amended by the CDC. This program shall include, at a minimum, the following components, and may include additional components that are also contained within the CDC Best Practices, as periodically amended, and that are effective at accomplishing the purpose of this section, and that do not undermine the effectiveness of these required minimum components:
(1)an advertising campaign to discourage the use of tobacco and to educate people, especially youth, about the health hazards of tobacco, which shall be designed to be effective at achieving these goals and shall include, but need not be limited to, television, radio, and print advertising, with no limitations on any individual advertising medium utilized; and which shall be funded at a level equivalent to one-third of each total annual appropriation required by this section;
(2) evidence-based curricula and programs to educate youth about tobacco and to discourage their use of it, including, but not limited to, programs that involve youth, educate youth about the health hazards of tobacco, help youth develop skills to refuse tobacco, and demonstrate to youth how to stop using tobacco;
(3) programs of local community-based partnerships that discourage the use of tobacco and work to educate people, especially youth, about the health hazards of tobacco, with an emphasis on programs that involve youth and emphasize the prevention and cessation of tobacco use;
(4) enforcement of laws, regulations, and policies against the sale or other provision of tobacco to minors, and the possession of tobacco by minors; and
(5) publicly-reported annual evaluations to ensure that moneys appropriated pursuant to this section are spent properly, which shall include evaluation of the program’s effectiveness in reducing and preventing tobacco use, and annual recommendations for improvements to enhance the program’s effectiveness, which are to include comparisons to similar programs proven to be effective in other states, as well as comparisons to CDC Best Practices, including amendments thereto.
(b) Funding. In every year beginning with the calendar year after voters approve this amendment, the Florida Legislature shall appropriate, for the purpose expressed herein, from the total gross funds that tobacco companies pay to the State of Florida under the Tobacco Settlement, an amount equal to fifteen percent of such funds paid to the State in 2005; and the appropriation [1190]*1190required by this section shall be adjusted annually for inflation, using the Consumer Price Index as published by the United States Department of Labor.
(c) Definitions. “Tobacco” includes, without limitation, tobacco itself and tobacco products that include tobacco and are intended or expected for human use or consumption, including, but limited to, cigarettes, cigars, pipe tobacco, and smokeless tobacco. The “Tobacco Settlement” means that certain Settlement Agreement dated August 25, 1997, entered into in settlement of the case styled as State of Florida, et al. v. American Tobacco Company, et al., Case No. 95-1466 AH (Fla. 15th Cir. Ct.), as amended by Stipulation of Amendment dated September 11, 1998; and includes any subsequent amendments and successor agreements. “Youth” includes minors and young adults.
(d) Effective Date. This amendment shall become effective immediately upon approval by the voters.

B. Ballot Title and Summary

The ballot title for the proposed amendment is “Protect People, Especially Youth, From Addiction, Disease, and Other Health Hazards of Using Tobacco.” The summary for the proposed amendment states:

To protect people, especially youth, from addiction, disease, and other health hazards of using tobacco, the Legislature shall use some Tobacco Settlement money annually for a comprehensive statewide tobacco education and prevention program using Centers for Disease Control best practices. Specifies some program components, emphasizing youth, requiring one-third of total annual funding for advertising. Annual funding is 15% of 2005 Tobacco Settlement payments to Florida, adjusted annually for inflation. Provides definitions. Effective immediately.

C. Financial Impact Statement

The statement provides as follows:

This amendment requires the state government to appropriate approximately $57 million in 2007 for the Comprehensive Statewide Tobacco Education and Prevention Program. Thereafter, this amount will increase annually with inflation. This spending is expected to reduce tobacco consumption. As a result, some long-term savings to state and local government health and insurance programs are probable, but indeterminate. Also, minor revenue loss to state government is probable, but indeterminate.

II. STANDARD AND SCOPE OF REVIEW

The overall standard of review for the proposed amendment and the ballot title and summary are the same. In Advisory Opinion to the Attorney General re Amendment to Bar Government from Treating People Differently Based on Race in Public Education, 778 So.2d 888 (Fla.2000), this Court summarized its standard of review in initiative petition cases as follows:

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926 So. 2d 1186, 31 Fla. L. Weekly Supp. 166, 2006 Fla. LEXIS 443, 2006 WL 644872, Counsel Stack Legal Research, https://law.counselstack.com/opinion/advisory-opinion-to-the-attorney-general-re-protect-people-especially-fla-2006.