House Bill 2217

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    Florida House of Representatives - 2000                HB 2217

        By Representative Jones






  1                      A bill to be entitled

  2         An act relating to public records; providing

  3         legislative findings of public necessity;

  4         amending s. 24.105, F.S.; providing that

  5         information made available to the public by the

  6         Department of the Lottery through 1-900

  7         telephone service is exempt from public records

  8         requirements; providing for future legislative

  9         review and repeal; providing for severability;

10         providing an effective date.

11

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

13

14         Section 1.  Legislative Findings.--

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

16  Constitution, the Legislature declares a public necessity to

17  clarify a legal ambiguity that has developed in relation to

18  the provision of winning lottery numbers and payout

19  information through a 1-900 telephone service by the

20  Department of the Lottery. Currently, the department

21  disseminates winning-number information on television nightly.

22  Upon drawing the numbers, the department widely distributes

23  winning lottery numbers and payout information to the media.

24  This same information is distributed to all lottery retailers

25  who make the information available to customers and lottery

26  players. The information is immediately posted on the

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

28  provides the public with copies of documents that contain

29  winning lottery numbers and payout information upon request at

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

31  also offers, through a competitively bid contract with a

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    Florida House of Representatives - 2000                HB 2217

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  1  service provider, the winning lottery numbers and payout

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

  3  instituted this service at the direction of proviso language

  4  to Specific Appropriation 1893 in the 1995-1996 General

  5  Appropriations Act.

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

  7  this service because of a class action complaint seeking

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

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

10  99-3999, Leon County, Florida. The complaint demands refunds

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

12  1995, as well as attorneys' fees for alleged violation of

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

14  department has the legal authority to provide winning lottery

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

16  notwithstanding chapter 119, Florida Statutes. This act

17  further declares that winning lottery numbers and payout

18  information when provided by a 1-900 telephone service is not

19  a public record; does not constitute access to any public

20  record by remote electronic means; and that revenue may be

21  produced by the 1-900 service.

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

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

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

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

26  pay for this convenience and to allow the department to

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

28  1-900 service was instituted, the Educational Enhancement

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

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

31  avoided.

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

  2  accomplish its stated purpose because access to public records

  3  has not been impeded or restricted. The department will

  4  continue to provide documents containing winning number and

  5  payout information as otherwise required by chapter 119,

  6  Florida Statutes, and will continue to widely distribute

  7  lottery information to the media. This act does nothing

  8  greater than to clarify the department's authority under

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

10  intent in the passage of proviso language to Specific

11  Appropriation 1893 of the 1995-1996 General Appropriations Act

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

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

14  new rights or eliminate previously established rights.

15         Section 2.  Subsection (13) of section 24.105, Florida

16  Statutes, is amended to read:

17         24.105  Powers and duties of department.--The

18  department shall:

19         (13)(a)  Determine by rule information relating to the

20  operation of the lottery which is confidential and exempt from

21  the provisions of s. 119.07(1) and s. 24(a), Art. I of the

22  State Constitution.  Such information includes trade secrets;

23  security measures, systems, or procedures; security reports;

24  information concerning bids or other contractual data, the

25  disclosure of which would impair the efforts of the department

26  to contract for goods or services on favorable terms; employee

27  personnel information unrelated to compensation, duties,

28  qualifications, or responsibilities; and information obtained

29  by the Division of Security pursuant to its investigations

30  which is otherwise confidential.  To be deemed confidential,

31  the information must be necessary to the security and

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  1  integrity of the lottery. Confidential information may be

  2  released to other governmental entities as needed in

  3  connection with the performance of their duties.  The

  4  receiving governmental entity shall retain the confidentiality

  5  of such information as provided for in this subsection.

  6         (b)  Maintain the confidentiality of the street address

  7  and the telephone number of a winner, in that such information

  8  is confidential and exempt from the provisions of s. 119.07(1)

  9  and s. 24(a), Art. I of the State Constitution, unless the

10  winner consents to the release of such information or as

11  provided for in s. 24.115(4) or s. 409.2577.

12         (c)  Maintain the confidentiality of winning lottery

13  numbers and payout information provided to the public through

14  a 1-900 telephone service, in that such information is

15  confidential and exempt from the provisions of s. 119.07(1)

16  and s. 24(a), Art. I of the State Constitution. This paragraph

17  is subject to the Open Government Sunset Review Act of 1995 in

18  accordance with s. 119.15, and shall stand repealed on October

19  2, 2005, unless reviewed and saved from repeal through

20  reenactment of the Legislature.

21         (d)(c)  Any information made confidential and exempt

22  from the provisions of s. 119.07(1) under this subsection

23  shall be disclosed to a member of the commission, to the

24  Auditor General, or to the independent auditor selected under

25  s. 24.123 upon such person's request therefor.  If the

26  President of the Senate or the Speaker of the House of

27  Representatives certifies that information made confidential

28  under this subsection is necessary for effecting legislative

29  changes, the requested information shall be disclosed to him

30  or her, and he or she may disclose such information to members

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    Florida House of Representatives - 2000                HB 2217

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  1  of the Legislature and legislative staff as necessary to

  2  effect such purpose.

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

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

  5  invalidity does not affect other provisions or applications of

  6  the act which can be given effect without the invalid

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

  8  this act are severable.

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

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

11  Department of the Lottery since October 1, 1995.

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14                          SENATE SUMMARY

15    Provides that information made available to the public by
      the Department of the Lottery through 1-900 telephone
16    service is exempt from the public records law. Provides a
      finding of necessity. Provides for future legislative
17    review and repeal.

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