Bill Text: FL S7100 | 2019 | Regular Session | Introduced
Bill Title: Public Records/Department of the Lottery
Spectrum: Committee Bill
Status: (Introduced - Dead) 2019-04-26 - Laid on Table, companion bill(s) passed, see HB 7121 (Ch. 2019-41) [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 24.1051 Exemptions from inspection or copying of public 26 records.— 27 (1)(a)(12)(a)The following information held by the 28 departmentDetermine by rule information relating to the29operation of the lottery whichis confidential and exempt from 30the provisions ofs. 119.07(1) and s. 24(a), Art. I of the State 31 Constitution:.32 1.SuchInformation that, if released, could harm the 33 security or integrity of the department, including: 34 a. Information relating to theincludes trade secrets;35 security of the department’s technologies, processes, and 36 practices designed to protect networks, computers, data 37 processing software, data, and datameasures,systems from 38 attack, damage, or unauthorized access.procedures;39 b. Securityreports;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. Financialbids or other contractual data, the disclosure55of which would impair the efforts of the department to contract56for goods or services on favorable terms; employee personnel57information unrelated to compensation, duties, qualifications,58or responsibilities; andinformation 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 entityobtained by the Division of Securitypursuant 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 subsectionits investigations which is otherwise confidential.74To be deemed confidential, the information must be necessary to75the security and integrity of the lottery. Confidential76informationmay 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 statusretain the confidentialityof such information 80as 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 ofThe street address 86 and the telephone number of a winner are, in that such87information isconfidential and exempt fromthe provisions ofs. 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 exemptfrom92the provisions of s. 119.07(1)under this sectionsubsection93 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 sectionsubsectionis 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 fromthe provisions ofs. 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.