Florida Amendment 4, Use of Tobacco Settlement Funds (2006)

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The Florida Use of Tobacco Settlement Funds Amendment, also known as Amendment 4, was an initiated constitutional amendment on the November 7, 2006 election ballot in Florida, where it was approved.

• The amendment added Article X, Section 27 of the Florida Constitution to require funding statewide tobacco education and prevention programs with tobacco settlement money at the amount of of 15% ($57 million) of the money that the state received in a 2005 tobacco settlement payment, adjusted for inflation.

Election results

Florida Amendment 4 (2006)
Result		Votes	Percentage
a Yes		2,786,935	60.93%
No		1,787,230	39.07%

Results via: the Florida Department of State, Division of Elections

Text of measure

The ballot title read:

“

PROTECT PEOPLE, ESPECIALLY YOUTH, FROM ADDICTION, DISEASE, AND OTHER HEALTH HAZARDS OF USING TOBACCO

”

The ballot read:

“

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.

”

The fiscal note read:

“

This amendment requires 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.

”

Constitutional changes

The text of the amendment read:

Text of Section 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 required 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 not 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..

Support

Arguments

• "In Florida, nearly 29,000 deaths are attributable to tobacco use annually, and the threat of tobacco is greatest among youth. Florida receives more than $360 million annually from the tobacco settlement, yet only $1 million is used to educate Florida's youth about the dangers of tobacco use. Factoring in inflation and increased cost of advertising, $57 million appears to be both reasonable and fiscally responsible."

Opposition

Arguments

• "Everyone agrees kids should not smoke. However, the $57 million a year will be coming out of our state's general revenue budget, which means less money for schools and roads. Technically, this proposed amendment could be achieved through the Legislature instead of the Constitution."

Campaign Contributions

$5,153,604 was spent on the campaign--all from one side, the "Yes" side. The name of the support group was Floridians for Youth Tobacco Education.

The lead donors were:

Donor	Amount
American Cancer Society	$1,400,000
American Heart Association	$1,000,000
American Lung Association	$275,000
Tobacco-Free Kids Action Fund	$175,000
Aaron Czyzewski	$30,000
Mayo Cancer Clinic	$25,000

Path to the ballot

See also: Florida signature requirements

Path to the ballot

• The initiative was sponsored by Floridians For Youth Tobacco Education, Inc.
• The initiative petition required 611,009 signatures and 720,218 were found valid.

The signatures to qualify it for the ballot were collected by Progressive Campaigns, Inc..

See also

Suggest a link

• 2006 ballot measures
• Florida 2006 ballot measures
• List of Florida ballot measures

External links

• Text and election results
• Sponsorship information
• Vote Smart Florida description of proposed amendment
• Sample ballot (Monroe County)