Florida Senate - 2024                   (PROPOSED BILL) SPB 7008
       FOR CONSIDERATION By the Committee on Regulated Industries
       580-00502A-24                                         20247008pb
    1                        A bill to be entitled                      
    2         An act relating to review under the Open Government
    3         Sunset Review Act; amending s. 24.1051, F.S., relating
    4         to an exemption from public records requirements for
    5         certain information held by the Department of the
    6         Lottery, information about lottery games, personal
    7         identifying information of retailers and vendors for
    8         purposes of background checks, and certain financial
    9         information held by the department; removing the
   10         scheduled repeal of the exemption; providing an
   11         effective date.
   13  Be It Enacted by the Legislature of the State of Florida:
   15         Section 1. Subsection (1) of section 24.1051, Florida
   16  Statutes, is amended to read:
   17         24.1051 Exemptions from inspection or copying of public
   18  records.—
   19         (1)(a) The following information held by the department is
   20  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
   21  of the State Constitution:
   22         1. Information that, if released, could harm the security
   23  or integrity of the department, including:
   24         a. Information relating to the security of the department’s
   25  technologies, processes, and practices designed to protect
   26  networks, computers, data processing software, data, and data
   27  systems from attack, damage, or unauthorized access.
   28         b. Security information or information that would reveal
   29  security measures of the department, whether physical or
   30  virtual.
   31         c. Information about lottery games, promotions, tickets,
   32  and ticket stock, including information concerning the
   33  description, design, production, printing, packaging, shipping,
   34  delivery, storage, and validation of such games, promotions,
   35  tickets, and stock.
   36         d. Information concerning terminals, machines, and devices
   37  that issue tickets.
   38         2. Information that must be maintained as confidential in
   39  order for the department to participate in a multistate lottery
   40  association or game.
   41         3. Personal identifying information obtained by the
   42  department when processing background investigations of current
   43  or potential retailers or vendors.
   44         4. Financial information about an entity which is not
   45  publicly available and is provided to the department in
   46  connection with its review of the financial responsibility of
   47  the entity pursuant to s. 24.111 or s. 24.112, provided that the
   48  entity marks such information as confidential. However,
   49  financial information related to any contract or agreement, or
   50  an addendum thereto, with the department, including the amount
   51  of money paid, any payment structure or plan, expenditures,
   52  incentives, bonuses, fees, and penalties, shall be public
   53  record.
   54         (b) This exemption is remedial in nature, and it is the
   55  intent of the Legislature that this exemption apply to
   56  information held by the department before, on, or after May 14,
   57  2019.
   58         (c) Information made confidential and exempt under this
   59  subsection may be released to other governmental entities as
   60  needed in connection with the performance of their duties. The
   61  receiving governmental entity shall maintain the confidential
   62  and exempt status of such information.
   63         (d) This subsection is subject to the Open Government
   64  Sunset Review Act in accordance with s. 119.15 and shall stand
   65  repealed on October 2, 2024, unless reviewed and saved from
   66  repeal through reenactment by the Legislature.
   67         Section 2. This act shall take effect October 1, 2024.