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





                                                   HOUSE AMENDMENT

    hbd-34                                     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  Representative(s) Jones offered the following:

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13         Amendment (with title amendment) 

14  Remove from the bill:  Everything after the enacting clause

15

16  and insert in lieu thereof:

17         Section 1.  Legislative Findings.--

18         (1)  Pursuant to Article I, Section 24 of the State

19  Constitution, the Legislature declares a public necessity to

20  clarify a legal ambiguity that has developed in relation to

21  the provision of winning lottery numbers and payout

22  information through a 1-900 telephone service by the

23  Department of the Lottery. Currently, the department

24  disseminates winning-number information on television nightly.

25  Upon drawing the numbers, the department widely distributes

26  winning lottery numbers and payout information to the media.

27  This same information is distributed to all lottery retailers

28  who make the information available to customers and lottery

29  players. The information is immediately posted on the

30  department's website at www.floridalottery.com. The department

31  provides the public with copies of documents that contain

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    hbd0002                     10:00 am         02217-0054-202505




                                                   HOUSE AMENDMENT

    hbd-34                                     Bill No. CS/HB 2217

    Amendment No.     (for drafter's use only)





 1  winning lottery numbers and payout information upon request at

 2  cost both by mail and at department offices. The department

 3  also offers, through a competitively bid contract with a

 4  service provider, the winning lottery numbers and payout

 5  information via a 1-900 telephone service. The department

 6  instituted this service at the direction of proviso language

 7  to Specific Appropriation 1893 in the 1995-1996 General

 8  Appropriations Act.

 9         (2)  Legal ambiguity has developed in the provision of

10  this service because of a class action complaint seeking

11  damages against the state. DeLuise v. Department of the

12  Lottery, et al., Second Judicial Circuit Court Case No.

13  99-3999, Leon County, Florida. The complaint demands refunds

14  for every person who has used the 1-900 service since October

15  1995, as well as attorneys' fees for alleged violation of

16  chapter 119, Florida Statutes. This act clarifies that the

17  department has the legal authority to provide winning lottery

18  numbers and payout information via a 1-900 service,

19  notwithstanding chapter 119, Florida Statutes, and that

20  revenue may be produced by the 1-900 service.

21         (3)  Prior to 1995, the department provided winning

22  lottery number and payout information through a costly 1-800

23  service. In 1995, the Legislature made a policy decision to

24  require the users of the instant-access telephone service to

25  pay for this convenience and to allow the department to

26  generate revenue by providing the 1-900 service. Since the

27  1-900 service was instituted, the Educational Enhancement

28  Trust Fund has received nearly $8 million in revenue, while

29  the costs of the 1-800 service to the public have been

30  avoided.

31         (4)  This act is no broader than necessary to

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                                                   HOUSE AMENDMENT

    hbd-34                                     Bill No. CS/HB 2217

    Amendment No.     (for drafter's use only)





 1  accomplish its stated purpose because access to public records

 2  has not been impeded or restricted. The department will

 3  continue to provide documents containing winning number and

 4  payout information as otherwise required by chapter 119,

 5  Florida Statutes, and will continue to widely distribute

 6  lottery information to the media. This act does nothing

 7  greater than to clarify the department's authority under

 8  chapter 24, Florida Statutes, and the Legislature's original

 9  intent in the passage of proviso language to Specific

10  Appropriation 1893 of the 1995-1996 General Appropriations Act

11  to use 1-900 services under these circumstances and to

12  generate revenue for education. Thus, this act does not create

13  new rights or eliminate previously established rights.

14         Section 2.  Section 24.1075, Florida Statutes, is

15  created to read:

16         24.1075  1-900 telephone service; fees charged for

17  access not a public record.--Any fee charged for access to

18  winning lottery numbers and payout information by a 1-900

19  telephone service is exempt from the fee provisions of chapter

20  119. This section is subject to the Open Government Sunset

21  Review Act of 1995 in accordance with s. 119.15, and shall

22  stand repealed on October 2, 2005, unless reviewed and saved

23  from repeal through reenactment of the Legislature.

24         Section 3.  If any provision of this act or its

25  application to any person or circumstance is held invalid, the

26  invalidity does not affect other provisions or applications of

27  the act which can be given effect without the invalid

28  provision or application, and to this end the provisions of

29  this act are severable.

30         Section 4.  This act shall take effect upon becoming a

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

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    File original & 9 copies    04/24/00
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                                                   HOUSE AMENDMENT

    hbd-34                                     Bill No. CS/HB 2217

    Amendment No.     (for drafter's use only)





 1  Department of the Lottery since October 1, 1995.

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 3

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

 5  And the title is amended as follows:

 6  Remove from the title of the bill:  the entire title

 7

 8  and insert in lieu thereof:

 9                      A bill to be entitled

10         An act relating to public records; providing

11         legislative findings of public necessity;

12         creating s. 24.1075, F.S.; providing that fees

13         charged for access to winning lottery numbers

14         and payout information by a 1-900 telephone

15         service is exempt from public records

16         requirements; providing for future legislative

17         review and repeal; providing for severability;

18         providing an effective date.

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    File original & 9 copies    04/24/00
    hbd0002                     10:00 am         02217-0054-202505