53ER17-57. Confidential Information

(1) Statement of Necessity. The Florida Lottery (“Lottery”) has determined that certain information must be deemed confidential in order to maintain the security and integrity of the operation of the Lottery, and to enhance the efforts of the Lottery to procure goods and services on favorable terms, pursuant to Section 24.105(13), F.S. Such information is, therefore, confidential and exempt from the provisions of Section 119.07(1), F.S.

(2) Confidential Information. The following items are determined to be confidential and exempt from the provisions of Section 119.07(1), F.S.:

(a) Scratch-Off Game Lottery Tickets. The following information concerning Scratch-Off game (also known as instant game) lottery tickets shall be confidential, whether presented or contained in a bid or proposal submitted to the Lottery, negotiation discussions, or in a contract with the Lottery.

1. Information concerning ticket description or design,

2. Information concerning the manner of, and systems and procedures relating to the printing and production of tickets,

3. Information concerning the manner of, and systems and procedures relating to the packaging, shipping, delivery, and storage of tickets, including location, schedules and methods,

4. Information relating to prize structure and detailed game specifications prior to publication,

5. Trade secrets,

6. Information concerning security and investigative measures and techniques, security reports, security plans, ticket security certification, plant security, security systems or security procedures related to any of the areas described in subparagraphs (2)(a)1. through (2)(a)5., above, or related in any way to Scratch-Off lottery tickets,

7. Information concerning computer software packages, including, but not limited to, the following:

a. Any document, writing, diagram, tape, memory, or program,

b. Modifications or compatibility of any equipment, tests or diagnostic and verification routines,

c. Any Software License Agreement,

d. Any Confidentiality Agreement.

8. Information concerning the parties executing said agreements referenced in subparagraphs (2)(a)7.c. and d., above.

9. All procedures, computer systems and data related to ticket validation.

10. Any portion of a meeting at which a negotiation with a vendor is conducted pursuant to a competitive solicitation, as defined in Section 286.0113, F.S., at which a vendor makes an oral presentation as part of a competitive solicitation, or at which a vendor answers questions, to the extent related to the items in subparagraphs (2)(a)1. through (2)(a)9., above.

11. Any portion of a meeting of a group of members established by the Lottery for the purpose of conducting negotiations as part of a competitive solicitation, at which negotiation strategies are discussed, to the extent those discussions are related to the items in subparagraphs (2)(a)1. through (2)(a)9., above.

(b) Online Terminal Game Lottery Tickets. For purposes of this rule the term “online terminal game” means any Draw game or Fast Play game. The following information concerning online terminal game lottery tickets shall be confidential, whether presented or contained in a bid or proposal submitted to the Lottery, negotiation discussions, or in a contract with the Lottery:

1. Information concerning ticket description or design,

2. Information concerning the terminals issuing the tickets,

3. Information concerning manuals, tapes, cards and computer printouts used by the terminals issuing the tickets,

4. Information concerning the electrical circuitry of the terminals,

5. Information concerning ticket stock,

6. Information relating to detailed game specifications,

7. Trade secrets,

8. Information concerning security measures, security reports, security plans, terminal security certification, plant security, security systems, or security procedures related to any of the areas described in subparagraphs (2)(b)1. through (2)(b)7., above, or related in any way to online terminal game lottery tickets,

9. All procedures, computer systems and data related to ticket validation,

10. Any portion of a meeting at which a negotiation with a vendor is conducted pursuant to a competitive solicitation, as defined in Section 286.0113, F.S., at which a vendor makes an oral presentation as part of a competitive solicitation, or at which a vendor answers questions, to the extent related to the items in subparagraphs (2)(b)1. through (2)(b)9., above.

11. Any portion of a meeting of a group of members established by the Lottery for the purpose of conducting negotiations as part of a competitive solicitation, at which negotiation strategies are discussed, to the extent those discussions are related to the items in subparagraphs (2)(b)1. through (2)(b)9., above.

(c) Pre-drawing and Post-drawing Information. All information relating to pre-drawing and post-draw processing shall be confidential.

(d) Lottery Security Systems. The following information concerning Lottery security systems shall be confidential, whether presented or contained in a bid, request for proposal, invitation to bid, proposal, negotiations, discussions, in a contract with the Lottery, or as pertains to the ongoing operation of Lottery security:

1. Information concerning the security system or any of its components or design,

2. Any reports, technical or otherwise, prepared for the Lottery by consultants or vendors relating to the design, electrical circuitry, construction, output, maintenance, or repair of the Lottery security system or any of its components,

3. Any course curriculum or materials used or designed for use in support of the security system or any of its components,

4. Any documents, printouts, or other output relating to hardware or software of automated systems used as part of or in support of the security system or any of its components,

5. Any security reports, security plans, security procedures, work and travel schedules of security personnel, or other security information related to any of the areas described in subparagraphs (2)(d)1. through (2)(d)4., above, or related in any way to Lottery security systems,

6. Discussions by any contract evaluation committee related to any of the areas described in subparagraphs (2)(d)1. through (2)(d)5., above.

(e) Personnel Records. Employee personnel information unrelated to compensation, duties, qualifications or responsibilities shall be confidential. This confidential information includes, but is not limited to:

1. Information concerning an employee’s credit history,

2. Information contained in a background investigation of an applicant or employee and the supplemental application completed by the applicant or employee for purposes of the background investigation. The Lottery has the authority to release and open for inspection an employee’s application which reveals the employee’s qualifications, and an employee’s job description which reveals the salary, duties or responsibilities of the employee. These items shall not be deemed confidential.

3. Medical or psychological information pertaining to the employee.

(f) Security Personnel Records. Investigators employed by the Division of Security and the Director of Security are designated law enforcement officers. Therefore, the information referenced in Section 119.071(4)(d)2.a(I) and (II), F.S. is confidential and exempt from disclosure under the Public Records Act (Chapter 119, F.S.).

(g) Credit Information. In accordance with the restrictions of the Fair Credit Reporting Act, 15 U.S.C. Section 1681, the Lottery will not release credit information obtained from a consumer reporting agency on any consumer as defined therein. Credit information obtained, including but not limited to the above, shall be deemed confidential information.

(h) Tax Information. Pursuant to Sections 24.105(12)(a) and 213.053, F.S., information received by the Lottery from the Department of Revenue shall be confidential.

(i) Any documentation maintained by the Lottery which would reveal, or tend to reveal, that the person who is the subject of the documents has a negative report under paragraph (2)(g) or (2)(h), above, is deemed confidential.

(j) Winners. Unless otherwise authorized by the winner, the address and telephone numbers of any lottery ticket winner, and any documentation maintained by the Lottery which reveals or tends to reveal this information, are deemed confidential. The name and city of residence of winners are not deemed confidential.

(k) Trade secrets of the Lottery and the Lottery’s vendors and contactors shall be confidential. This includes, but is not limited to, information such as marketing plans, all advertising and components of advertising strategy prior to its publication, and Lottery customer lists.

(l) Security Information. In addition to security information referred to above, the following information shall be confidential:

1. Information related to background investigations of Lottery retailers or retailer applicants,

2. Information related to background investigations of Lottery vendors or potential vendors; and,

3. Confidential information received by the Lottery from another agency.

(3) The effective date of this emergency rule is September 1, 2017.

(4) This emergency rule supersedes Rule 53-1.005, F.A.C., Confidential Information.

Rulemaking Authority 24.105(12)(a), 24.105(9)(j), 24.109(1) FS. Law Implemented 24.105(12) FS. History–New 9-1-17.