House Bill 1461

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    Florida House of Representatives - 1999                HB 1461

        By Representative Bitner






  1                      A bill to be entitled

  2         An act relating to public records; creating s.

  3         24.1126, F.S.; providing exemptions from public

  4         records requirements for specified information

  5         obtained by the Department of the Lottery in

  6         connection with the establishment and operation

  7         of video lottery games, and for certain

  8         identifying information regarding a winner of a

  9         video lottery game; providing conditions under

10         which such information may be disclosed;

11         providing for future review and repeal;

12         providing a finding of public necessity;

13         providing a contingent effective date.

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15  Be It Enacted by the Legislature of the State of Florida:

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17         Section 1.  Section 24.1126, Florida Statutes, is

18  created to read:

19         24.1126  Video lottery games; confidentiality.--

20         (1)  The following information obtained by the

21  department in connection with the establishment and operation

22  of video lottery games is confidential and exempt from s.

23  119.07(1) and s. 24(a), Art. I of the State Constitution:

24  trade secrets; security measures, systems, or procedures;

25  security reports; information concerning bids or other

26  contractual data, the disclosure of which would impair the

27  efforts of the department to contract for goods or services on

28  favorable terms; employee personnel information unrelated to

29  compensation, duties, qualifications, or responsibilities; and

30  information obtained by the Division of Security pursuant to

31  its investigations which is otherwise confidential. Such

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    Florida House of Representatives - 1999                HB 1461

    522-147-99






  1  confidential information may be released to other governmental

  2  entities as needed in connection with the performance of their

  3  duties. The receiving governmental entity shall retain the

  4  confidentiality of such information as provided for in this

  5  section.

  6         (2)  The street address and the telephone number of a

  7  winner of a video lottery game is confidential and exempt from

  8  s. 119.07(1) and s. 24(a), Art. I of the State Constitution,

  9  unless the winner consents to the release of such information,

10  or as provided for in s. 24.115(4) or s. 409.2577.

11         (3)  Any information made confidential and exempt from

12  s. 119.07(1) and s. 24(a), Art. I of the State Constitution

13  under this section shall be disclosed to a member of the

14  commission, to the Auditor General, or to the independent

15  auditor selected under s. 24.123 upon such person's request

16  therefor. If the President of the Senate or the Speaker of the

17  House of Representatives certifies that information made

18  confidential under this section is necessary for effecting

19  legislative changes, the requested information shall be

20  disclosed to him or her, and he or she may disclose such

21  information to members of the Legislature and legislative

22  staff as necessary to effect such purpose.

23         (4)  This section is subject to the Open Government

24  Sunset Review Act of 1995 in accordance with s. 119.15, and

25  shall stand repealed on October 2, 2004, unless reviewed and

26  saved from repeal through reenactment by the Legislature.

27         Section 2.  The Legislature finds that the exemptions

28  from public records requirements in s. 24.1126, Florida

29  Statutes, are a public necessity. These exemptions are

30  necessary to enable the Department of the Lottery to

31  effectively and efficiently administer the establishment and

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    Florida House of Representatives - 1999                HB 1461

    522-147-99






  1  operation of video lottery games. If trade secrets and other

  2  sensitive business information in the department's possession

  3  were subject to disclosure, businesses providing video lottery

  4  equipment and services to the department could be

  5  significantly damaged in the marketplace, and such businesses

  6  would hesitate to cooperate with the department. If

  7  information about the security of video lottery games were

  8  subject to disclosure, the integrity of the lottery system

  9  could be breached, resulting in the erosion of the public's

10  confidence in the lottery, reduced participation, and reduced

11  revenue. Further, if identifying information about the winner

12  of a video lottery game were disclosed without the winner's

13  consent, he or she could be subject to unwanted publicity and

14  harassment, possibly with criminal intent.

15         Section 3.  This act shall take effect on the same date

16  as House Bill      or similar legislation authorizing

17  establishment of video lottery games takes effect, if such

18  legislation is adopted in the same legislative session or an

19  extension thereof.

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22                          HOUSE SUMMARY

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      Provides exemptions from public records requirements for
24    specified information obtained by the Department of the
      Lottery in connection with the establishment and
25    operation of video lottery games, and for certain
      identifying information regarding a winner of a video
26    lottery game. Provides conditions under which such
      information may be disclosed. Provides for future review
27    and repeal. Takes effect contingent on adoption of
      legislation authorizing video lottery games.
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