53-1.005. Confidential Information

(1) Statement Of Necessity. The 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, exempt from the provisions of Section 119.07(1), F.S.

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

(a) Instant Lottery Tickets – The following information concerning instant 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 measures, security reports, security plans, ticket security certification, plant security, security systems or security procedures related to any of the areas described in subparagraphs (a)1. through (a)5. above, or related in any way to instant 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 sub-sub-subparagraphs 7.c. and 7.d. above;

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

10. Discussions by any evaluation committee determining the award of a contract related to the items in subparagraphs (2)(a)1. through (2)(a)10. above.

(b) On-Line Lottery Tickets. The following information concerning on-line 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 (b)1. through (b)7. above, or related in any way to on-line lottery tickets;

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

10. All pre-drawing and post-drawing test data for al on-line games;

11. Discussions by any evaluation committee determining the award of a contract related to the items in subparagraphs (2)(b)1. through (2)(b)10. above.

(c) 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 (c)1. through (c)5. above or related in any way to Lottery security systems;

6. Discussions by any contract evaluation committee related to categories (c)1. through (c)5. above.

(d) 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.

(e) Security Personnel Records. Investigators employed by the Division of Security and the Director of Security are designated law enforcement officers. Sections 119.071(4)(d)2.a.(I)-(II), F.S., exempts from disclosure under the Public Records Act (Chapter 119, F.S.) the following information:

1. The home addresses, telephone numbers and photographs of active or former law enforcement personnel, their spouses and children;

2. The places of employment of spouses and children of active or former law enforcement officers;

3. The names and location of schools attended by the children of active or former law enforcement officers.

(f) 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.

(g) 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.

(h) 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 (f), (g), or (h) above is deemed confidential.

(i) 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.

(j) 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 and all advertising and components of advertising strategy prior to its publication.

(k) 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. All requests for such information made to the Lottery under the Public Records law will be forwarded to the agency from which the Lottery obtained the information.

Rulemaking Authority 24.105(2), (9)(j), (12)(a) FS. Law Implemented 24.105(12)(a) FS. History–New 2-25-93, Amended 8-15-93, 3-6-00, 3-18-04.