CODING: Words stricken are deletions; words underlined are additions.
SENATE AMENDMENT
Bill No. CS for SB 1588
Amendment No.
CHAMBER ACTION
Senate House
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11 Senator Horne moved the following amendment:
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13 Senate Amendment (with title amendment)
14 Delete everything after the enacting clause
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16 and insert:
17 Section 1. Section 24.1075, Florida Statutes, is
18 created to read:
19 24.1075 Legislative findings; dissemination of
20 information; fees charged.--
21 (1) LEGISLATIVE FINDINGS.--
22 (a) The Legislature finds that the department widely
23 distributes the winning lottery numbers and payout
24 information. This information is distributed to all lottery
25 retailers who make that information available to customers and
26 lottery players, free of charge. The media is also given this
27 information which is regularly published in numerous
28 newspapers of general circulation. The department also
29 disseminates winning-number information nightly on television
30 and immediately posts this information on the department's
31 Internet website; access to the website is free. Additionally,
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SENATE AMENDMENT
Bill No. CS for SB 1588
Amendment No.
1 in conformance with the constitutional and statutory
2 requirements regarding access to public records, any person,
3 upon request, may inspect the public records that contain
4 winning lottery numbers and payout information, at department
5 offices; and, upon request, the department provides copies of
6 those records, at a fee as prescribed by s. 119.07(1).
7 Furthermore, the department provides copies of such records,
8 by mail, at a fee in conformance with s. 119.07(1).
9 (b) The Legislature has previously stated and further
10 reiterates that it intends the department to operate as much
11 as possible in the manner of an entrepreneurial business
12 enterprise, and to operate in a self-supporting,
13 revenue-producing manner, with the ultimate goal of increasing
14 educational funding. To that end, in 1995 the Legislature
15 required the department to provide a 1-900 telephone number
16 service, for dissemination of winning lottery numbers and
17 payout information, in lieu of the department's costly 1-800
18 telephone number service. The department has, however, from
19 its inception, had the authority to establish any type
20 telephone number service for the convenience of the public, as
21 the department considered appropriate and pursuant to the
22 department's powers and duties as set forth in s. 24.105. More
23 specifically, s. 24.105 authorizes the establishment and
24 operation of the state lottery in a manner necessary or
25 desirable for the efficient or economical operation of the
26 lottery or for the convenience of the public and to enter into
27 contracts for goods and services necessary for such purposes.
28 The Legislature finds that, under these circumstances,
29 information provided through audio-telephonic communications
30 alone does not constitute remote electronic access for the
31 purpose of "inspecting, examining, and copying public records"
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SENATE AMENDMENT
Bill No. CS for SB 1588
Amendment No.
1 as envisioned by the Legislature pursuant to s. 119.085. The
2 Legislature further finds and declares that information
3 disseminated through audio-telephonic communications, whether
4 provided by the department or by a private entity pursuant to
5 contact, is not a public record as that term is defined in
6 chapter 119, and that using a dedicated telephone number
7 service for audio-telephonic transmission of information does
8 not constitute a public records request.
9 (2) DISSEMINATION OF INFORMATION; FEES CHARGED FOR
10 1-900 TELEPHONE NUMBER SERVICE.--The department is authorized
11 to continue to allow winning lottery numbers and payout
12 information to be provided to private contractors to be
13 disseminated in whatever medias agreed to by the department
14 and the contractor, and to otherwise disseminate in print and
15 through other media such information. The department is more
16 specifically authorized to continue to provide the 1-900
17 telephone number service, and to continue to charge a price or
18 fee in excess of cost for that 1-900 telephone service
19 sufficient to generate money for education, and shall continue
20 to provide the 1-900 telephone number service and shall
21 continue to transfer the revenue generated thereby to the
22 Educational Enhancement Trust Fund monthly. The department,
23 has always been and is currently still authorized to operate
24 the service internally or contract for the service. The
25 department may discontinue this consumer service at any time
26 the department deems appropriate in light of its purpose,
27 powers, and duties as set forth in chapter 24.
28 Section 2. This act shall take effect upon becoming a
29 law and shall apply to all authorized 1-900 services of the
30 Department of Lottery since October 1, 1995.
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SENATE AMENDMENT
Bill No. CS for SB 1588
Amendment No.
1 ================ T I T L E A M E N D M E N T ===============
2 And the title is amended as follows:
3 Delete everything before the enacting clause
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5 and insert:
6 A bill to be entitled
7 An act relating to dissemination of winning
8 lottery numbers and payout information;
9 creating s. 24.1075, F.S.; providing
10 legislative findings; addressing various public
11 records issues; reiterating and explaining
12 certain Department of Lottery powers;
13 reiterating and reauthorizing the provision of
14 a 1-900 telephone number service and fees
15 charged for that service; providing retroactive
16 applicability; providing an effective date.
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