SECTION 24.1051. Exemptions from inspection or copying of public records.

• (1)(a) The following information held by the department is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution:

  1. Information that, if released, could harm the security or integrity of the department, including:

  a. Information relating to the security of the department’s technologies, processes, and practices designed to protect networks, computers, data processing software, data, and data systems from attack, damage, or unauthorized access.

  b. Security information or information that would reveal security measures of the department, whether physical or virtual.

  c. Information about lottery games, promotions, tickets, and ticket stock, including information concerning the description, design, production, printing, packaging, shipping, delivery, storage, and validation of such games, promotions, tickets, and stock.

  d. Information concerning terminals, machines, and devices that issue tickets.

  2. Information that must be maintained as confidential in order for the department to participate in a multistate lottery association or game.

  3. Personal identifying information obtained by the department when processing background investigations of current or potential retailers or vendors.

  4. Financial information about an entity which is not publicly available and is provided to the department in connection with its review of the financial responsibility of the entity pursuant to s. 24.111 or s. 24.112, provided that the entity marks such information as confidential. However, financial information related to any contract or agreement, or an addendum thereto, with the department, including the amount of money paid, any payment structure or plan, expenditures, incentives, bonuses, fees, and penalties, shall be public record.

  (b) This exemption is remedial in nature, and it is the intent of the Legislature that this exemption apply to information held by the department before, on, or after May 14, 2019.

  (c) Information made confidential and exempt under this subsection may be released to other governmental entities as needed in connection with the performance of their duties. The receiving governmental entity shall maintain the confidential and exempt status of such information.

  (d) This subsection is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 2024, unless reviewed and saved from repeal through reenactment by the Legislature.
  (2) The street address and the telephone number of a winner are confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution, unless the winner consents to the release of such information or as provided for in s. 24.115(4) or s. 409.2577.
  (3) Any information made confidential and exempt under this section shall be disclosed to the Auditor General, to the Office of Program Policy Analysis and Government Accountability, or to the independent auditor selected under s. 24.123 upon such person’s request therefor. If the President of the Senate or the Speaker of the House of Representatives certifies that information made confidential and exempt under this section is necessary for effecting legislative changes, the requested information shall be disclosed to him or her, and he or she may disclose such information to members of the Legislature and legislative staff as necessary to effect such purpose.
  (4) Any person who, with intent to defraud or with intent to provide a financial or other advantage to himself, herself, or another, knowingly and willfully discloses any information relating to the lottery designated as confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution pursuant to this act is guilty of a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

History.-ss. 6, 18, ch. 87-65; s. 1, ch. 88-374; ss. 4, 6, ch. 90-360; s. 1, ch. 95-120; ss. 92, 1322, ch. 95-147; s. 9, ch. 96-406; s. 2, ch. 2001-89; s. 23, ch. 2001-266; ss. 1, 3, ch. 2019-41.

Note

Note.-Subsections (1)-(3) former s. 24.105(12)(a)-(c); subsection (4) former s. 24.118(4).

History.-ss. 6, 18, ch. 87-65; s. 1, ch. 88-374; ss. 4, 6, ch. 90-360; s. 1, ch. 95-120; ss. 92, 1322, ch. 95-147; s. 9, ch. 96-406; s. 2, ch. 2001-89; s. 23, ch. 2001-266; ss. 1, 3, ch. 2019-41.

Note

Note.-Subsections (1)-(3) former s. 24.105(12)(a)-(c); subsection (4) former s. 24.118(4).