The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Rules
BILL: CS/SB 692
INTRODUCER: Regulated Industries Committee and Senator Hutson
SUBJECT: Public Records/Florida Gaming Control Commission
DATE: February 23, 2024 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Kraemer Imhof RI Fav/CS
2. McVaney McVaney GO Favorable
3. Kraemer Twogood RC Favorable
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Technical Changes
I. Summary:
CS/SB 692 exempts from public records copying and inspection requirements certain identifying
information of current or former commissioners of the Florida Gaming Control Commission
(commission) and their family members. The exemption restricts access to information in public
records which may identify or locate current or former commissioners, their spouses, and
children.
The bill exempts from public disclosure the following information:
The home addresses, telephone numbers, dates of birth, and photographs of current or former
commissioners;
The names, home addresses, telephone numbers, dates of birth, photographs, and places of
employment of the spouses and children of current or former commissioners; and
The names and locations of schools and day care facilities attended by the children of current
or former commissioners.
This exemption applies to information held by an agency before, on, or after July 1, 2024 and is
repealed on October 2, 2029, unless reenacted by the Legislature.
The bill provides a statement of public necessity as required by the State Constitution.
Because the bill creates a new public records exemption, it requires a two-thirds vote of the
members present and voting in each house of the Legislature for final passage.
BILL: CS/SB 692 Page 2
According to the FGCC, the bill has no fiscal impact to state government.1
This bill takes effect July 1, 2024.
II. Present Situation:
Access to Public Records - Generally
The Florida Constitution provides that the public has the right to inspect or copy records made or
received in connection with official governmental business.2 The right to inspect or copy applies
to the official business of any public body, officer, or employee of the state, including all three
branches of state government, local governmental entities, and any person acting on behalf of the
government.3
Additional requirements and exemptions related to public records are found in various statutes
and rules, depending on the branch of government involved. For instance, s. 11.0431, F.S.,
provides public access requirements for legislative records. Relevant exemptions are codified in
s. 11.0431(2)-(3), F.S., and adopted in the rules of each house of the legislature.4 Florida Rule of
Judicial Administration 2.420 governs public access to judicial branch records.5 Lastly,
ch. 119, F.S., known as the Public Records Act, provides requirements for public records held by
executive branch and local government agencies.
Executive Agency Records – The Public Records Act
The Public Records Act provides that all state, county, and municipal records are open for
personal inspection and copying by any person, and that providing access to public records is a
duty of each agency.6
Section 119.011(12), F.S., defines “public records” to include:
[a]ll documents, papers, letters, maps, books, tapes, photographs, films,
sound recordings, data processing software, or other material, regardless of
the physical form, characteristics, or means of transmission, made or
1
See Florida Gaming Control Commission, 2024 Agency Legislative Bill Analysis for SB 692 at 5 (Dec. 21, 2023) (on file
with the Senate Committee on Regulated Industries).
2
FLA. CONST. art. I, s. 24(a).
3
Id.
4
See Rule 1.48, Rules and Manual of the Florida Senate, (2022-2024) and Rule 14.1, Rules of the Florida House of
Representatives, Edition 1, (2022-2024).
5
State v. Wooten, 260 So. 3d 1060 (Fla. 4th DCA 2018).
6
Section 119.01(1), F.S. Section 119.011(2), F.S., defines “agency” as “any state, county, district, authority, or municipal
officer, department, division, board, bureau, commission, or other separate unit of government created or established by law
including, for the purposes of this chapter, the Commission on Ethics, the Public Service Commission, and the Office of
Public Counsel, and any other public or private agency, person, partnership, corporation, or business entity acting on behalf
of any public agency.”
BILL: CS/SB 692 Page 3
received pursuant to law or ordinance or in connections with the transaction
of official business by any agency.
The Florida Supreme Court has interpreted this definition to encompass all materials made or
received by an agency in connection with official business that are used to “perpetuate,
communicate, or formalize knowledge of some type.”7
The Florida Statutes specify conditions under which public access to governmental records must
be provided. The Public Records Act guarantees every person’s right to inspect and copy any
public record at any reasonable time, under reasonable conditions, and under supervision by the
custodian of the public record.8 A violation of the Public Records Act may result in civil or
criminal liability.9
The Legislature may exempt public records from public access requirements by passing a
general law by a two-thirds vote of both the House and the Senate.10 The exemption must state
with specificity the public necessity justifying the exemption and must be no broader than
necessary to accomplish the stated purpose of the exemption.11
General exemptions from the public records requirements are contained in the Public Records
Act.12 Specific exemptions often are placed in the substantive statutes relating to a particular
agency or program.13
When creating a public records exemption, the Legislature may provide that a record is “exempt”
or “confidential and exempt.” There is a difference between records the Legislature has
determined to be exempt from the Public Records Act and those which the Legislature has
determined to be exempt from the Public Records Act and confidential.14 Records designated as
“confidential and exempt” are not subject to inspection by the public and may only be released
under the circumstances defined by statute.15 Records designated as “exempt” may be released at
the discretion of the records custodian under certain circumstances.16
7
Shevin v. Byron, Harless, Schaffer, Reid and Assoc., Inc., 379 So. 2d 633, 640 (Fla. 1980).
8
Section 119.07(1)(a), F.S.
9
Section 119.10, F.S. Public records laws are found throughout the Florida Statutes, as are the penalties for violating those
laws.
10
FLA. CONST. art. I, s. 24(c).
11
Id. See, e.g., Halifax Hosp. Medical Center v. News-Journal Corp., 724 So. 2d 567 (Fla. 1999) (holding that a public
meetings exemption was unconstitutional because the statement of public necessity did not define important terms and did
not justify the breadth of the exemption); Baker County Press, Inc. v. Baker County Medical Services, Inc., 870 So. 2d 189
(Fla. 1st DCA 2004) (holding that a statutory provision written to bring another party within an existing public records
exemption is unconstitutional without a public necessity statement).
12
See, e.g., s. 119.071(1)(a), F.S. (exempting from public disclosure examination questions and answer sheets of
examinations administered by a governmental agency for the purpose of licensure).
13
See, e.g., s. 213.053(2)(a), F.S. (exempting from public disclosure information contained in tax returns received by the
Department of Revenue).
14
WFTV, Inc. v. The Sch. Bd. of Seminole County, 874 So. 2d 48, 53 (Fla. 5th DCA 2004).
15
Id.
16
Williams v. City of Minneola, 575 So. 2d 683 (Fla. 5th DCA 1991).
BILL: CS/SB 692 Page 4
Open Government Sunset Review Act
The provisions of s. 119.15, F.S., known as the Open Government Sunset Review Act17 (the act),
prescribe a legislative review process for newly created or substantially amended 18 public
records or open meetings exemptions, with specified exceptions.19 The act requires the repeal of
such exemption on October 2nd of the fifth year after creation or substantial amendment; in
order to save an exemption from repeal, the Legislature must reenact the exemption or repeal the
sunset date.20 In practice, many exemptions are continued by repealing the sunset date, rather
than reenacting the exemption.
The act provides that a public records or open meetings exemption may be created or maintained
only if it serves an identifiable public purpose and is no broader than is necessary.21 An
exemption serves an identifiable purpose if the Legislature finds that the purpose of the
exemption outweighs open government policy and cannot be accomplished without the
exemption and it meets one of the following purposes:
It allows the state or its political subdivisions to effectively and efficiently administer a program,
and administration would be significantly impaired without the exemption;22
It protects sensitive, personal information, the release of which would be defamatory, cause
unwarranted damage to the good name or reputation of the individual, or would jeopardize the
individual’s safety. If this public purpose is cited as the basis of an exemption, however, only
personal identifying information is exempt;23 or
It protects information of a confidential nature concerning entities, such as trade or business
secrets.24
Public Records Exemptions for Enumerated Personnel
Provisions in s. 119.071(4)(d), F.S., exempt from public disclosure the personal identification
and location information of enumerated agency personnel, their spouses, and their children. The
employing agency as well as the employee may assert the right to the exemption by submitting a
written request to each agency that holds the employee’s information.25 Additionally, all of these
exemptions have retroactive application.26 In order to have the exemption applied to a court
record or an official record held by a clerk of court, the party must make a request specifying the
document name, type, identification number, and page number.27 Any enumerated personnel
17
Section 119.15, F.S.
18
An exemption is considered to be substantially amended if it is expanded to include more records or information or to
include meetings as well as records. Section 119.15(4)(b), F.S.
19
Section 119.15(2)(a) and (b), F.S., provides that exemptions required by federal law or applicable solely to the Legislature
or the State Court System are not subject to the Open Government Sunset Review Act.
20
Section 119.15(3), F.S.
21
Section 119.15(6)(b), F.S.
22
Section 119.15(6)(b)1., F.S.
23
Section 119.15(6)(b)2., F.S.
24
Section 119.15(6)(b)3., F.S.
25
Section 119.071(4)(d)3., F.S.
26
Section 119.071(4)(d)6., F.S.
27
Section 119.0714(2)(f) and (3)(f), F.S.
BILL: CS/SB 692 Page 5
who has his or her public records held exempt may file a written and notarized request to any
record custodian to have the records released to an identified party.28
Enforcement of Gaming Laws and Florida Gaming Control Commission
In 202l, the Legislature updated Florida law for authorized gaming in the state, and for
enforcement of the gambling laws and other laws relating to authorized gaming.29 The Office of
Statewide Prosecution in the Department of Legal Affairs is authorized to investigate and
prosecute, in addition to gambling offenses, any violation of ch. 24, F.S., (State Lotteries), part II
of ch. 285, F.S., (Gaming Compact), ch. 546, F.S., (Amusement Facilities), ch. 550, F.S., (Pari-
mutuel Wagering), ch. 551, F.S., (Slot Machines), or ch. 849, F.S., (Gambling), which are
referred to the Office of Statewide Prosecution by the commission.30
In addition to the enhanced authority of the Office of Statewide Prosecution, the commission was
created31 within the Department of Legal Affairs, to do all of the following:32
Exercise all of the regulatory and executive powers of the state with respect to gambling,
including pari-mutuel wagering, cardrooms, slot machine facilities, oversight of gaming
compacts executed by the state pursuant to the Federal Indian Gaming Regulatory Act, and
any other forms of gambling authorized by the State Constitution or law, excluding state
lottery games as authorized by the State Constitution.
Establish procedures consistent with ch. 120, F.S., the Administrative Procedure Act, to
ensure adequate due process in the exercise of the commission’s regulatory and executive
functions.
Ensure that the laws of this state are not interpreted in any manner that expands the activities
authorized in ch. 24, F.S. (State Lotteries), part II of ch. 285, F.S. (Gaming Compact),
ch. 546, F.S. (Amusement Facilities), ch. 550, F.S. (Pari-mutuel Wagering), ch. 551, F.S.,
(Slot Machines), or ch. 849, F.S. (Gambling).
Review the rules and regulations promulgated by the Seminole Tribal Gaming Commission
for the operation of sports betting and propose to the Seminole Tribe Gaming Commission
any additional consumer protection measures it deems appropriate. The proposed consumer
protection measures may include, but are not limited to, the types of advertising and
marketing conducted for sports betting, the types of procedures implemented to prohibit
underage persons from engaging in sports betting, and the types of information, materials,
and procedures needed to assist patrons with compulsive or addictive gambling problems.
Evaluate, as the state compliance agency or as the commission, information that is reported
by sports governing bodies or other parties to the commission relating to:
o Any abnormal betting activity or patterns that may indicate a concern about the integrity
of a sports event or events;
28
Section 119.071(4)(d)5., F.S.
29
See ch. 2021-268, Laws of Fla., (Implementation of 2021 Gaming Compact between the Seminole Tribe of Florida and the
State of Florida); ch. 2021-269, Laws of Fla., (Gaming Enforcement), ch. 2021-270, Laws of Fla., (Public Records and
Public Meetings), and 2021-271, Laws of Fla., (Gaming), Laws of Fla., as amended by ch. 2022-179, Laws of Fla., (Florida
Gaming Control Commission). Conforming amendments are made to the section in ch. 2022-7, Laws of Fla., (Reviser’s Bill)
and ch. 2023-8, Laws of Fla., (Reviser’s Bill).
30
Section 16.56(1)(a), F.S.
31
Section 16.71, F.S.
32
Section 16.712, F.S. The commission also administers the Pari-mutuel Wagering Trust Fund. See s. 16.71(6), F.S.
BILL: CS/SB 692 Page 6
o Any other conduct with the potential to corrupt a betting outcome of a sports event for
purposes of financial gain, including, but not limited to, match fixing; suspicious or
illegal wagering activities, including the use of funds derived from illegal activity, wagers
to conceal or launder funds derived from illegal activity, use of agents to place wagers, or
use of false identification; and
o The use of data deemed unacceptable by the commission or the Seminole Tribal Gaming
Commission.
The commission must provide reasonable notice to state and local law enforcement, the
Seminole Tribal Gaming Commission, and any appropriate sports governing body of non-
proprietary information that may warrant further investigation of nonproprietary information
by such entities to ensure integrity of wagering activities in the state.
Review any matter within the scope of the jurisdiction of the Division of Pari-mutuel
Wagering.
Review the regulation of licensees, permitholders, or persons regulated by the Division of
Pari-mutuel Wagering and the procedures used by the division to implement and enforce the
law.
Review the procedures of the Division of Pari-mutuel Wagering which are used to qualify