House Bill 2217c1

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    Florida House of Representatives - 2000             CS/HB 2217

        By the Committee on Regulated Services and Representative
    Jones





  1                      A bill to be entitled

  2         An act relating to public records; providing

  3         legislative findings of public necessity;

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

  5         charged for access to winning lottery numbers

  6         and payout information by a 1-900 telephone

  7         service are exempt from public records

  8         requirements; providing for future legislative

  9         review and repeal; providing for severability;

10         providing retroactive applicability; providing

11         an effective date.

12

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

14

15         Section 1.  Legislative findings.--

16         (1)  Pursuant to s. 24, Art. I of the State

17  Constitution, the Legislature declares a public necessity to

18  clarify a legal ambiguity that has developed in relation to

19  the provision of winning lottery numbers and payout

20  information through a 1-900 telephone service by the

21  Department of the Lottery. Currently, the department

22  disseminates winning-number information on television nightly.

23  Upon drawing the numbers, the department widely distributes

24  winning lottery numbers and payout information to the media.

25  This same information is distributed to all lottery retailers

26  who make the information available to customers and lottery

27  players. The information is immediately posted on the

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

29  provides the public with copies of documents that contain

30  winning lottery numbers and payout information upon request at

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

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    Florida House of Representatives - 2000             CS/HB 2217

    615-126-00






  1  also offers, through a competitively bid contract with a

  2  service provider, the winning lottery numbers and payout

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

  4  instituted this service at the direction of proviso language

  5  to Specific Appropriation 1893 in the 1995-1996 General

  6  Appropriations Act.

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

  8  this service because of a class action complaint seeking

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

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

11  99-3999, Leon County, Florida. The complaint demands refunds

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

13  1995, as well as attorneys' fees for alleged violation of

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

15  department has the legal authority to provide winning lottery

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

17  notwithstanding chapter 119, Florida Statutes, and that

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

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

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

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

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

23  pay for this convenience and to allow the department to

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

25  1-900 service was instituted, the Educational Enhancement

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

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

28  avoided.

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

30  accomplish its stated purpose because access to public records

31  has not been impeded or restricted. The department will

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    Florida House of Representatives - 2000             CS/HB 2217

    615-126-00






  1  continue to provide documents containing winning number and

  2  payout information as otherwise required by chapter 119,

  3  Florida Statutes, and will continue to widely distribute

  4  lottery information to the media. This act does nothing

  5  greater than to clarify the department's authority under

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

  7  intent in the passage of proviso language to Specific

  8  Appropriation 1893 of the 1995-1996 General Appropriations Act

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

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

11  new rights or eliminate previously established rights.

12         Section 2.  Section 24.1075, Florida Statutes, is

13  created to read:

14         24.1075  1-900 telephone service; fees charged for

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

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

17  telephone service is exempt from the fee provisions of chapter

18  119. This paragraph is subject to the Open Government Sunset

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

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

21  from repeal through reenactment by the Legislature.

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

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

24  invalidity does not affect other provisions or applications of

25  the act which can be given effect without the invalid

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

27  this act are severable.

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

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

30  Department of the Lottery since October 1, 1995.

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