Bill Text: FL S7100 | 2019 | Regular Session | Introduced


Bill Title: Public Records/Department of the Lottery

Spectrum: Partisan Bill (? 1-0)

Status: (Introduced) 2019-04-26 - Laid on Table, refer to HB 7121 [S7100 Detail]

Download: Florida-2019-S7100-Introduced.html
       Florida Senate - 2019                                    SB 7100
       
       
        
       By the Committee on Innovation, Industry, and Technology
       
       
       
       
       
       580-04147-19                                          20197100__
    1                        A bill to be entitled                      
    2         An act relating to public records; transferring,
    3         renumbering, and amending ss. 24.105(12) and
    4         24.118(4), F.S.; exempting from public records
    5         requirements certain security information held by the
    6         Department of the Lottery, information about lottery
    7         games, personal identifying information of retailers
    8         and vendors for purposes of background checks, and
    9         certain financial information held by the department;
   10         providing for retroactive application; providing for
   11         future legislative review and repeal of the exemption;
   12         providing a statement of public necessity; providing
   13         applicability; providing a directive to the Division
   14         of Law Revision; providing an effective date.
   15  
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Paragraphs (a), (b), and (c) of subsection (12)
   19  of section 24.105, Florida Statutes, are transferred, renumbered
   20  as subsections (1), (2), and (3), respectively, of section
   21  24.1051, Florida Statutes, and amended, and subsection (4) of
   22  section 24.118, Florida Statutes, is transferred, renumbered as
   23  subsection (4) of section 24.1051, Florida Statutes, and
   24  amended, to read:
   25         24.1051Exemptions from inspection or copying of public
   26  records.—
   27         (1)(a)(12)(a)The following information held by the
   28  department Determine by rule information relating to the
   29  operation of the lottery which is confidential and exempt from
   30  the provisions of s. 119.07(1) and s. 24(a), Art. I of the State
   31  Constitution:.
   32         1.Such Information that, if released, could harm the
   33  security or integrity of the department, including:
   34         a.Information relating to the includes trade secrets;
   35  security of the department’s technologies, processes, and
   36  practices designed to protect networks, computers, data
   37  processing software, data, and data measures, systems from
   38  attack, damage, or unauthorized access. procedures;
   39         b. Security reports; information or information that would
   40  reveal security measures of the department, whether physical or
   41  virtual.
   42         c.Information about lottery games, promotions, tickets,
   43  and ticket stock, including information concerning the
   44  description, design, production, printing, packaging, shipping,
   45  delivery, storage, and validation.
   46         d.Information concerning terminals, machines, and devices
   47  that issue tickets.
   48         2.Information that must be maintained as confidential in
   49  order for the department to participate in a multistate lottery
   50  association or game.
   51         3.Personal identifying information obtained by the
   52  department when processing background investigations of current
   53  or potential retailers or vendors.
   54         4.Financial bids or other contractual data, the disclosure
   55  of which would impair the efforts of the department to contract
   56  for goods or services on favorable terms; employee personnel
   57  information unrelated to compensation, duties, qualifications,
   58  or responsibilities; and information about an entity which is
   59  not publicly available and is provided to the department in
   60  connection with its review of the financial responsibility of
   61  the entity obtained by the Division of Security pursuant to s.
   62  24.111 or s. 24.112, provided that the entity marks such
   63  information as confidential. However, financial information
   64  related to any contract or agreement, or an addendum thereto,
   65  with the department, including the amount of money paid, any
   66  payment structure or plan, expenditures, incentives, bonuses,
   67  fees, and penalties, shall be public record.
   68         (b)This exemption is remedial in nature, and it is the
   69  intent of the Legislature that this exemption apply to
   70  information held by the department before, on, or after the
   71  effective date of this act.
   72         (c)Information made confidential and exempt under this
   73  subsection its investigations which is otherwise confidential.
   74  To be deemed confidential, the information must be necessary to
   75  the security and integrity of the lottery. Confidential
   76  information may be released to other governmental entities as
   77  needed in connection with the performance of their duties. The
   78  receiving governmental entity shall maintain the confidential
   79  and exempt status retain the confidentiality of such information
   80  as provided for in this subsection.
   81         (d)This subsection is subject to the Open Government
   82  Sunset Review Act in accordance with s. 119.15 and shall stand
   83  repealed on October 2, 2024, unless reviewed and saved from
   84  repeal through reenactment by the Legislature.
   85         (2)(b)Maintain the confidentiality of The street address
   86  and the telephone number of a winner are, in that such
   87  information is confidential and exempt from the provisions of s.
   88  119.07(1) and s. 24(a), Art. I of the State Constitution, unless
   89  the winner consents to the release of such information or as
   90  provided for in s. 24.115(4) or s. 409.2577.
   91         (3)(c) Any information made confidential and exempt from
   92  the provisions of s. 119.07(1) under this section subsection
   93  shall be disclosed to the Auditor General, to the Office of
   94  Program Policy Analysis and Government Accountability, or to the
   95  independent auditor selected under s. 24.123 upon such person’s
   96  request therefor. If the President of the Senate or the Speaker
   97  of the House of Representatives certifies that information made
   98  confidential and exempt under this section subsection is
   99  necessary for effecting legislative changes, the requested
  100  information shall be disclosed to him or her, and he or she may
  101  disclose such information to members of the Legislature and
  102  legislative staff as necessary to effect such purpose.
  103         (4) BREACH OF CONFIDENTIALITY.—Any person who, with intent
  104  to defraud or with intent to provide a financial or other
  105  advantage to himself, herself, or another, knowingly and
  106  willfully discloses any information relating to the lottery
  107  designated as confidential and exempt from the provisions of s.
  108  119.07(1) and s. 24(a), Art. I of the State Constitution
  109  pursuant to this act is guilty of a felony of the first degree,
  110  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  111         Section 2. (1)The Legislature finds that it is a public
  112  necessity that the following information be made confidential
  113  and exempt from s. 119.07(1), Florida Statutes, and s. 24(a),
  114  Article I of the State Constitution:
  115         (a)Information relating to the security of the Department
  116  of the Lottery. Ensuring the security and integrity of lottery
  117  operations safeguards against players gaining an unfair
  118  advantage over other players and enables the department to
  119  operate in a manner consistent with the dignity of the state
  120  lottery. If such security information were made available to the
  121  public, the integrity and efficiency of the lottery would be
  122  jeopardized and the effective and efficient administration of
  123  the lottery would be significantly impaired. For these reasons,
  124  the Legislature finds that it is a public necessity to maintain
  125  the confidential and exempt status of such information.
  126  Maintaining the effective and efficient administration of the
  127  lottery is a sufficiently compelling purpose to override the
  128  strong public policy of open government and cannot be
  129  accomplished without this exemption.
  130         (b)Information required to be held confidential in order
  131  for the department to participate in multistate games and
  132  associations. The department is authorized to enter into
  133  agreements with other states for the operation and promotion of
  134  a multistate lottery; and without the exemption, the department
  135  would be unable to join certain associations and games, thus
  136  causing the state to miss opportunities to generate revenue for
  137  education. As a result, the effective and efficient
  138  administration of the lottery would be significantly impaired if
  139  the confidentiality of these records is not maintained. For
  140  these reasons, the Legislature finds that it is a public
  141  necessity to maintain the confidential and exempt status of such
  142  information. Maintaining the effective and efficient
  143  administration of the lottery is a sufficiently compelling
  144  purpose to override the strong public policy of open government
  145  and cannot be accomplished without this exemption.
  146         (c)Personal identifying information of current or
  147  potential retailers and vendors for purposes of processing
  148  background investigations. The release of such sensitive
  149  personal information could cause great financial harm to an
  150  individual and his or her family, cause unwarranted damage to
  151  the good name and reputation of such individuals, and increase
  152  the risk of identity theft. Without the exemption, current and
  153  potential retailers and vendors may be reluctant to participate
  154  as a department retailer or vendor, and the effective and
  155  efficient administration of the lottery would be significantly
  156  impaired. For these reasons, the Legislature finds that it is a
  157  public necessity to maintain the confidential and exempt status
  158  of such information. Maintaining the effective and efficient
  159  administration of the lottery and protecting sensitive personal
  160  information concerning individuals are sufficiently compelling
  161  purposes to override the strong public policy of open government
  162  and cannot be accomplished without this exemption.
  163         (d)Financial information about an entity that is not
  164  publicly available and is provided to the department in
  165  connection with its review of the financial responsibility of
  166  the entity. The release of such information could harm the
  167  business operations of entities the department wishes to
  168  contract with, injure those entities in the marketplace, and
  169  decrease the likelihood that such entities work with the
  170  department. As a result, the effective and efficient
  171  administration of the lottery would be significantly impaired
  172  without maintaining the confidentiality of such financial
  173  information. For these reasons, the Legislature finds that it is
  174  a public necessity to maintain the confidential and exempt
  175  status of such information. Maintaining the effective and
  176  efficient administration of the lottery and protecting such
  177  confidential information concerning entities are sufficiently
  178  compelling purposes to override the strong public policy of open
  179  government and cannot be accomplished without this exemption.
  180         (2)The Legislature further finds that these public record
  181  exemptions must be given retroactive application because they
  182  are remedial in nature.
  183         Section 3. The Division of Law Revision is directed to
  184  replace the phrase “the effective date of this act” wherever it
  185  occurs in this act with the date the act becomes a law.
  186         Section 4. This act shall take effect upon becoming a law.

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