CODING: Words stricken are deletions; words underlined are additions.





                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 2217

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW

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10                                                                

11  The Committee on Governmental Operations offered the

12  following:

13

14         Amendment (with title amendment) 

15  Remove from the bill:  Everything after the enacting clause

16

17  and insert in lieu thereof:

18         Section 1.  Section 24.1075, Florida Statutes, is

19  created to read:

20         24.1075  Legislative findings; dissemination of

21  information, fees charged.--

22         (1)  Legislative findings.--

23         (a)  The legislature finds that the department widely

24  distributes the winning lottery numbers and payout

25  information.  This information is distributed to all lottery

26  retailers who make that information available to customers and

27  lottery players, free of charge.  The media is also given this

28  information which is regularly published in numerous

29  newspapers of general circulation.  The department also

30  disseminates winning-number information nightly on television

31  and immediately posts this information on the department's

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    File original & 9 copies    04/18/00
    hgo0002                     09:02 am         02217-go  -023733




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 2217

    Amendment No.     (for drafter's use only)





 1  Internet website; access to the website is free.

 2  Additionally, in conformance with the constitutional and

 3  statutory requirements regarding access to public records, any

 4  person, upon request, may inspect the public records that

 5  contain winning lottery numbers and payout information, at

 6  department offices; and, upon request, the department provides

 7  copies of those records, at a fee as prescribed by s.

 8  119.07(1).  Furthermore, the department provides copies of

 9  such records, by mail, at a fee in conformance with s.

10  119.07(1).

11         (b)  The legislature has previously stated and further

12  reiterates that it intends the department to operate as much

13  as possible in the manner of an entrepreneurial business

14  enterprise, and to operate in a self-supporting,

15  revenue-producing manner, with the ultimate goal of increasing

16  educational funding.  To that end, in 1995 the legislature

17  required the department to provide a 1-900 telephone number

18  service, for dissemination of winning lottery numbers and

19  payout information, in lieu of the department's costly 1-800

20  telephone number service.  The department has, however, from

21  its inception, had the authority to establish any type

22  telephone number service for the convenience of the public, as

23  the department considered appropriate and pursuant to the

24  department's powers and duties as set forth in s. 24.105.

25  More specifically, s. 24.105 authorizes the establishment and

26  operation of the state lottery in a manner necessary or

27  desirable for the efficient or economical operation of the

28  lottery or for the convenience of the public and to enter into

29  contracts for goods and services necessary for such purposes.

30  The legislature finds that, under these circumstances,

31  information provided through audio-telephonic communications

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    File original & 9 copies    04/18/00
    hgo0002                     09:02 am         02217-go  -023733




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 2217

    Amendment No.     (for drafter's use only)





 1  alone does not constitute remote electronic access for the

 2  purpose of "inspecting, examining, and copying public records"

 3  as envisioned by the legislature pursuant to s. 119.085.   The

 4  legislature further finds and declares that information

 5  disseminated through audio-telephonic communications, whether

 6  provided by the department or by a private entity pursuant to

 7  contact, is not a public record as that term is defined in

 8  chapter 119, and that utilizing a dedicated telephone number

 9  service for audio-telephonic transmission of information does

10  not constitute a public records request.

11         (2)  Dissemination of information, fees charged.--  The

12  department is hereby authorized to continue to allow winning

13  lottery numbers and payout information to be provided to

14  private contractors to be disseminated in whatever medias

15  agreed to by the department and the contractor, and to

16  otherwise disseminate in print and through other media such

17  information; and, the department is further authorized to

18  continue to charge a price or fee in excess of cost for that

19  information sufficient to generate money for education.  The

20  department is more specifically authorized to continue to

21  provide the 1-900 telephone number service and shall continue

22  to transfer the revenue generated thereby to the Educational

23  Enhancement Trust Fund, on a monthly basis.  The department,

24  has always been and is currently still authorized to operate

25  the service internally or contract for the service.  The

26  department may discontinue this consumer service at any time

27  the department deems appropriate in light of its purpose,

28  powers, and duties as set forth in chapter 24.

29         Section 2.  This act shall take effect upon becoming

30  law and shall apply to all authorized 1-900 services of the

31  Department of Lottery since October 1,1995.

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    File original & 9 copies    04/18/00
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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 2217

    Amendment No.     (for drafter's use only)





 1  ================ T I T L E   A M E N D M E N T ===============

 2  And the title is amended as follows:

 3         On page 1, lines 2 through 10,

 4  remove from the title of the bill:  all of said lines

 5

 6  and insert in lieu thereof:

 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

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    File original & 9 copies    04/18/00
    hgo0002                     09:02 am         02217-go  -023733