House Bill 2217e2

                                  CS/HB 2217, Second Engrossed/ntc



  1                      A bill to be entitled

  2         An act relating to dissemination of winning

  3         lottery numbers and payout information;

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

  5         legislative findings; addressing various public

  6         records issues; reiterating and explaining

  7         certain Department of Lottery powers;

  8         reiterating and reauthorizing the provision of

  9         a 1-900 telephone number service and fees

10         charged for that service; providing retroactive

11         applicability; providing an effective date.

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

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15         Section 1.  Section 24.1075, Florida Statutes, is

16  created to read:

17         24.1075  Legislative findings; dissemination of

18  information, fees charged.--

19         (1)  Legislative findings.--

20         (a)  The legislature finds that the department widely

21  distributes the winning lottery numbers and payout

22  information.  This information is distributed to all lottery

23  retailers who make that information available to customers and

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

25  information which is regularly published in numerous

26  newspapers of general circulation.  The department also

27  disseminates winning-number information nightly on television

28  and immediately posts this information on the department's

29  Internet website; access to the website is free.

30  Additionally, in conformance with the constitutional and

31  statutory requirements regarding access to public records, any


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






                                  CS/HB 2217, Second Engrossed/ntc



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

  2  contain winning lottery numbers and payout information, at

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

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

  5  119.07(1).  Furthermore, the department provides copies of

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

  7  119.07(1).

  8         (b)  The legislature has previously stated and further

  9  reiterates that it intends the department to operate as much

10  as possible in the manner of an entrepreneurial business

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

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

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

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

15  service, for dissemination of winning lottery numbers and

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

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

18  its inception, had the authority to establish any type

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

20  the department considered appropriate and pursuant to the

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

22  More specifically, s. 24.105 authorizes the establishment and

23  operation of the state lottery in a manner necessary or

24  desirable for the efficient or economical operation of the

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

26  contracts for goods and services necessary for such purposes.

27  The legislature finds that, under these circumstances,

28  information provided through audio-telephonic communications

29  alone does not constitute remote electronic access for the

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

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


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                                  CS/HB 2217, Second Engrossed/ntc



  1  legislature further finds and declares that information

  2  disseminated through audio-telephonic communications, whether

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

  4  contract, is not a public record as that term is defined in

  5  chapter 119, and that utilizing a dedicated telephone number

  6  service for audio-telephonic transmission of information does

  7  not constitute a public records request.

  8         (2)  Dissemination of information; fees charged for

  9  1-900 telephone number service. --  The department is hereby

10  authorized to continue to allow winning lottery numbers and

11  payout information to be provided to private contractors to be

12  disseminated in whatever medias agreed to by the department

13  and the contractor, and to otherwise disseminate in print and

14  through other media such information.  The department is more

15  specifically authorized to continue to provide the 1-900

16  telephone number service, and to continue to charge a price or

17  fee in excess of cost for that 1-900 telephone service

18  sufficient to generate money for education, and shall continue

19  to transfer the revenue generated thereby to the Educational

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

21  has always been and is currently still authorized to operate

22  the service internally or contract for the service.  The

23  department may discontinue this consumer service at any time

24  the department deems appropriate in light of its purpose,

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

26         Section 2.  This act shall take effect upon becoming

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

28  Department of Lottery since October 1,1995.

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