Florida Senate - 2011 SB 1280
By Senator Dockery
15-00200A-11 20111280__
1 A bill to be entitled
2 An act relating to inspectors general; transferring,
3 renumbering, and amending s. 14.32, F.S.; providing
4 that the Chief Inspector General is responsible for
5 all agency inspectors general, including cabinet
6 agencies and the Executive Office of the Governor;
7 housing the office of the Chief Inspector General in
8 the Executive Office of the Governor for
9 administrative purposes only; providing that the Chief
10 Inspector General reports to the Cabinet; amending s.
11 20.055, F.S.; revising definitions; providing that the
12 term “state agencies” includes cabinet agencies;
13 updating a cross-reference; requiring the agency
14 inspector general to keep the Chief Inspector General
15 informed of any agency fraud, abuses, or deficiencies
16 and authorizing the inspector general to not inform
17 the agency head under certain circumstances; requiring
18 agency inspectors general to be appointed by the Chief
19 Inspector General, subject to the consent of the
20 agency head; revising the procedures for removing an
21 inspector general; providing that an agency inspector
22 general may be removed only by the Chief Inspector
23 General in consultation with the agency head;
24 requiring an agency inspector general to be certified
25 by the Association of Inspectors General; requiring
26 agency inspectors general to establish internal and
27 external procedures for receiving complaints from
28 employees and the public; authorizing the inspector
29 general of the Department of Law Enforcement to bypass
30 informing the executive director of the Department of
31 Law Enforcement under certain circumstances; requiring
32 agency inspectors general to provide final reports on
33 investigations, an annual report, and certain written
34 complaints to the Chief Inspector General; requiring
35 one or more investigators within the agency inspector
36 general’s office to be a sworn law enforcement
37 officer; amending s. 112.3187, F.S.; revising the
38 definition of “independent contractor” under the state
39 Whistle-blower’s Act to include anyone who receives
40 public funds; conforming provisions to changes made by
41 the act; amending s. 112.3189, F.S.; conforming
42 provisions to changes made by the act; permitting
43 employees disclosing information resulting in a
44 recovery of funds to receive a percent of any funds
45 recovered; amending ss. 112.31895 and 112.31901, F.S.;
46 conforming provisions to changes made by the act;
47 creating s. 287.0565, F.S.; directing the Department
48 of Management Services to adopt criteria for the use
49 of purchasing cards; requiring the agency inspector
50 general to conduct periodic audits of the use of such
51 cards; amending s. 14.2015, F.S.; conforming
52 provisions to changes made by the act; providing an
53 effective date.
54
55 Be It Enacted by the Legislature of the State of Florida:
56
57 Section 1. Section 14.32, Florida Statutes, is transferred
58 and renumbered as section 20.054, Florida Statutes, and amended
59 to read:
60 20.054 14.32 Office of Chief Inspector General.—
61 (1) There is created in the Executive Office of the
62 Governor the Office of Chief Inspector General, which, for
63 administrative purposes only, shall be housed in the Executive
64 Office of the Governor. The Chief Inspector General shall be
65 responsible for promoting accountability, integrity, and
66 efficiency in the agencies under the jurisdiction of the
67 Governor and the Cabinet. The Chief Inspector General shall be
68 nominated by the Governor, and approved appointed by and serve
69 at the pleasure of the Cabinet Governor.
70 (2) The Chief Inspector General shall:
71 (a) Initiate, supervise, and coordinate investigations,
72 recommend policies, and carry out other activities designed to
73 deter, detect, prevent, and eradicate fraud, waste, abuse,
74 mismanagement, and misconduct in government.
75 (b) Investigate, upon receipt of a complaint or for cause,
76 any administrative action of any agency, the administration of
77 which is under the direct supervision of the Governor or
78 Cabinet, regardless of the finality of the administrative
79 action.
80 (c) Request such assistance and information as may be
81 necessary for the performance of the duties of the Chief
82 Inspector General.
83 (d) Examine the records and reports of any agency the
84 administration of which is under the direct supervision of the
85 Governor or Cabinet.
86 (e) Coordinate complaint-handling activities with agencies.
87 (f) Coordinate the activities of the Whistle-blower’s Act
88 pursuant to chapter 112 and maintain the whistle-blower’s
89 hotline to receive complaints and information concerning the
90 possible violation of law or administrative rules,
91 mismanagement, fraud, waste, abuse of authority, malfeasance, or
92 a substantial or specific danger to the health, welfare, or
93 safety of the public.
94 (g) Report expeditiously to and cooperate fully with the
95 Department of Law Enforcement, the Department of Legal Affairs,
96 and other law enforcement agencies if when there are
97 recognizable grounds to believe that there has been a violation
98 of criminal law or that a civil action should be initiated.
99 (h) Act as liaison with outside agencies and the Federal
100 Government to promote accountability, integrity, and efficiency
101 in state government.
102 (i) Act as liaison and monitor the activities of the
103 inspectors general in the agencies under the Governor and
104 Cabinet, including the Executive Office of the Governor
105 Governor’s jurisdiction.
106 (j) Review, evaluate, and monitor the policies, practices,
107 and operations of the Executive Office of the Governor.
108 (j)(k) Conduct special investigations and management
109 reviews at the request of the Governor and Cabinet.
110 (3) The Chief Inspector General shall serve as the
111 inspector general for the Executive Office of the Governor.
112 Section 2. Section 20.055, Florida Statutes, is amended to
113 read:
114 20.055 Agency inspectors general.—
115 (1) For the purposes of this section:
116 (a) “State agency” means each department created pursuant
117 to this chapter, and also includes the Executive Office of the
118 Governor, the Cabinet agencies, the Department of Military
119 Affairs, the Fish and Wildlife Conservation Commission, the
120 Office of Insurance Regulation of the Financial Services
121 Commission, the Office of Financial Regulation of the Financial
122 Services Commission, the Public Service Commission, the Board of
123 Governors of the State University System, and the state courts
124 system.
125 (b) “Agency head” means the Governor, a Cabinet officer, a
126 secretary as defined in s. 20.03(5), or an executive director as
127 defined in s. 20.03(6). It also includes the chair of the Public
128 Service Commission, the Director of the Office of Insurance
129 Regulation of the Financial Services Commission, the Director of
130 the Office of Financial Regulation of the Financial Services
131 Commission, and the Chief Justice of the State Supreme Court.
132 (c) “Individuals substantially affected” means natural
133 persons who have established a real and sufficiently immediate
134 injury in fact due to the findings, conclusions, or
135 recommendations of a final report of a state agency inspector
136 general, who are the subject of the audit or investigation, and
137 who do not have or are not currently afforded an existing right
138 to an independent review process. The term does not include
139 employees of the state, including career service, probationary,
140 other personal service, Selected Exempt Service, and Senior
141 Management Service employees;, are not covered by this
142 definition. This definition also does not cover former employees
143 of the state if the final report of the state agency inspector
144 general relates to matters arising during a former employee’s
145 term of state employment; or. This definition does not apply to
146 persons who are the subject of audits or investigations
147 conducted pursuant to ss. 112.3187-112.31895 or s. 409.913 or
148 which are otherwise confidential and exempt under s. 119.07.
149 (d) “Entities contracting with the state” means for-profit
150 and not-for-profit organizations or businesses having a legal
151 existence, such as corporations or partnerships, as opposed to
152 natural persons, which have entered into a relationship with a
153 state agency as defined in paragraph (a) to provide for
154 consideration certain goods or services for consideration to the
155 state agency or on behalf of the state agency. The relationship
156 may be evidenced by payment by warrant or purchasing card,
157 contract, purchase order, provider agreement, or other such
158 mutually agreed upon relationship. The term This definition does
159 not apply to entities that which are the subject of audits or
160 investigations conducted pursuant to ss. 112.3187-112.31895 or
161 s. 409.913 or that which are otherwise confidential and exempt
162 under s. 119.07.
163 (2) The Office of Inspector General is hereby established
164 in each state agency to coordinate and be responsible provide a
165 central point for coordination of and responsibility for
166 activities that promote accountability, integrity, and
167 efficiency in government. It is shall be the duty and
168 responsibility of each inspector general, with respect to the
169 state agency in which the office is established, to:
170 (a) Advise in the development of performance measures,
171 standards, and procedures for the evaluation of state agency
172 programs, including:.
173 1.(b) Assessing Assess the reliability and validity of the
174 information provided by the state agency on performance outcomes
175 measures and standards, and making make recommendations for
176 improvement, if necessary, prior to submission of those outcomes
177 measures and standards to the Executive Office of the Governor
178 pursuant to s. 216.013 s. 216.0166(1).
179 2.(c) Reviewing Review the actions taken by the state
180 agency to improve program performance and meet program standards
181 and making make recommendations for improvement, if necessary.
182 (b)(d) Provide direction for, supervise, and coordinate
183 audits, investigations, and management reviews relating to the
184 programs and operations of the state agency. If, except that
185 when the inspector general does not possess the qualifications
186 specified in subsection (4), the director of auditing shall
187 conduct such audits.
188 (c)(e) Conduct, supervise, or coordinate other activities
189 carried out or financed by that state agency for the purpose of
190 promoting economy and efficiency in the administration of, or
191 preventing and detecting fraud and abuse in, its programs and
192 operations.
193 (d)(f) Keep the such agency head and the Chief Inspector
194 General informed concerning any fraud, abuses, or and
195 deficiencies relating to programs and operations administered or
196 financed by the state agency, recommend corrective action
197 concerning such fraud, abuses, or and deficiencies, and report
198 on the progress made in implementing corrective action. However,
199 if the inspector general has reasonable concerns that keeping
200 the agency head informed may compromise any related
201 investigation, the inspector general shall first report such
202 concerns to the Chief Inspector General who shall make a
203 determination about whether to report to the agency head. If the
204 Chief Inspector General concludes that such investigation should
205 not be reported to the agency head, the Chief Inspector General
206 shall report such determination to the Governor and Cabinet.
207 (e)(g) Ensure effective coordination and cooperation
208 between the Auditor General, federal auditors, and other
209 governmental bodies in order to avoid with a view toward
210 avoiding duplication.
211 (f)(h) Review, as appropriate, rules relating to the
212 programs and operations of the such state agency and make
213 recommendations concerning their impact.
214 (g)(i) Ensure that an appropriate balance is maintained
215 between audit, investigative, and other accountability
216 activities.
217 (h)(j) Comply with the General Principles and Standards for
218 Offices of Inspector General as published and revised by the
219 Association of Inspectors General.
220 (3)(a) The inspector general of each state agency shall be
221 appointed by the Chief Inspector General, subject to the written
222 consent of the agency head. The inspector general shall be
223 appointed without regard to political affiliation. For agencies
224 under the direction of the Governor, the appointment shall be
225 made after notifying the Governor and the Chief Inspector
226 General in writing, at least 7 days prior to an offer of
227 employment, of the agency head’s intention to hire the inspector
228 general.
229 (a)(b) Except as provided in paragraphs (2)(d) and (6)(f),
230 each inspector general shall report to and be under the general
231 supervision of the agency head and is shall not be subject to
232 supervision by any other employee of the state agency. The
233 inspector general shall be appointed without regard to political
234 affiliation.
235 (b)(c) An inspector general may be removed from office by
236 the Chief Inspector General, in consultation with the agency
237 head. Following consultation with the agency head For agencies
238 under the direction of the Governor, the Chief Inspector General
239 agency head shall notify the inspector general and the Governor
240 and Cabinet Governor and the Chief Inspector General, in
241 writing, of the intention to terminate the inspector general for
242 good cause shown at least 21 7 days before prior to the removal.
243 Good cause must be documented in the notification. The inspector
244 general may not be removed if an objection is made by the
245 Governor or Cabinet within the 21 days before removal. Removal
246 may be made if the objection is later rescinded. For state
247 agencies under the direction of the Governor and Cabinet, the
248 agency head shall notify the Governor and Cabinet in writing of
249 the intention to terminate the inspector general at least 7 days
250 prior to the removal.
251 (c)(d) An The agency head or agency staff may shall not
252 prevent or prohibit the inspector general from initiating,
253 carrying out, or completing any audit or investigation.
254 (4) The inspector general must be certified by the
255 Association of Inspectors General. To ensure that state agency
256 audits are performed in accordance with applicable auditing
257 standards, the inspector general or the director of auditing
258 within the inspector general’s office must shall possess the
259 following qualifications:
260 (a) A bachelor’s degree from an accredited college or
261 university with a major in accounting, or with a major in
262 business which includes five courses in accounting, and 5 years
263 of experience as an internal auditor or independent postauditor,
264 electronic data processing auditor, accountant, or any
265 combination thereof. The experience must, shall at a minimum,
266 consist of audits of units of government or private business
267 enterprises, operating for profit or not for profit; or
268 (b) A master’s degree in accounting, business
269 administration, or public administration from an accredited
270 college or university and 4 years of experience as required in
271 paragraph (a); or
272 (c) A certified public accountant license issued pursuant
273 to chapter 473 or a certified internal audit certificate issued
274 by the Institute of Internal Auditors or earned by examination,
275 and 4 years of experience as required in paragraph (a).
276 (5) In carrying out the auditing duties and
277 responsibilities of this section act, each inspector general
278 shall review and evaluate internal controls necessary to ensure
279 the fiscal accountability of the state agency. The inspector
280 general shall conduct financial, compliance, electronic data
281 processing, and performance audits of the agency and prepare
282 audit reports of his or her findings. The scope and assignment
283 of the audits shall be determined by the inspector general;
284 however, the agency head may at any time direct the inspector
285 general to perform an audit of a special program, function, or
286 organizational unit. The performance of the audit shall be under
287 the direction of the inspector general, except that if the
288 inspector general does not possess the qualifications specified
289 in subsection (4), the director of auditing shall perform the
290 functions listed in this subsection.
291 (a) Such audits shall be conducted in accordance with the
292 current International Standards for the Professional Practice of
293 Internal Auditing as published by the Institute of Internal
294 Auditors, Inc., or, where appropriate, in accordance with
295 generally accepted governmental auditing standards. All audit
296 reports issued by internal audit staff must shall include a
297 statement that the audit was conducted pursuant to the
298 appropriate standards.
299 (b) Audit workpapers and reports are shall be public
300 records to the extent that they do not include information that
301 which has been made confidential and exempt from the provisions
302 of s. 119.07(1) pursuant to law. However, if when the inspector
303 general or a member of the staff receives a complaint or
304 information from an individual which a complaint or information
305 that falls within the definition provided in s. 112.3187(5), the
306 name or identity of the individual may shall not be disclosed to
307 anyone else without the written consent of the individual,
308 unless the inspector general determines that such disclosure is
309 unavoidable during the course of the audit or investigation.
310 (c) The inspector general and the staff shall have access
311 to any records, data, and other information of the state agency
312 he or she deems necessary to carry out his or her duties. The
313 inspector general may is also authorized to request such
314 information or assistance as may be necessary from the state
315 agency or from any federal, state, or local government entity.
316 (d) At the conclusion of each audit, the inspector general
317 shall submit preliminary findings and recommendations to the
318 person responsible for supervision of the program function or
319 operational unit who shall respond to any adverse findings
320 within 20 working days after receipt of the preliminary
321 findings. Such response and the inspector general’s rebuttal to
322 the response shall be included in the final audit report.
323 (e) At the conclusion of an audit in which the subject of
324 the audit is a specific entity contracting with the state or an
325 individual substantially affected, if the audit is not
326 confidential or otherwise exempt from disclosure by law, the
327 inspector general shall, consistent with s. 119.07(1), submit
328 the findings to the entity contracting with the state or the
329 individual substantially affected, who shall be advised in
330 writing that they may submit a written response within 20
331 working days after receipt of the findings. The response and the
332 inspector general’s rebuttal to the response, if any, must be
333 included in the final audit report.
334 (f) The inspector general shall submit the final report to
335 the agency head and to the Auditor General.
336 (g) The Auditor General, in connection with the independent
337 postaudit of the same agency pursuant to s. 11.45, shall give
338 appropriate consideration to internal audit reports and the
339 resolution of findings therein. The Legislative Auditing
340 Committee may inquire into the reasons or justifications for
341 failure of the agency head to correct the deficiencies reported
342 in internal audits that are also reported by the Auditor General
343 and shall take appropriate action.
344 (h) The inspector general shall monitor the implementation
345 of the state agency’s response to any report on the state agency
346 issued by the Auditor General or by the Office of Program Policy
347 Analysis and Government Accountability. Within No later than 6
348 months after the Auditor General or the Office of Program Policy
349 Analysis and Government Accountability publishes a report on the
350 state agency, the inspector general shall provide a written
351 response to the agency head on the status of corrective actions
352 taken. The Inspector General shall file a copy of such response
353 with the Legislative Auditing Committee.
354 (i) The inspector general shall develop long-term and
355 annual audit plans based on the findings of periodic risk
356 assessments. The plan, where appropriate, should include
357 postaudit samplings of payments and accounts. The plan shall
358 show the individual audits to be conducted during each year and
359 related resources to be devoted to the respective audits. The
360 Chief Financial Officer, to assist in fulfilling the
361 responsibilities for examining, auditing, and settling accounts,
362 claims, and demands pursuant to s. 17.03(1), and examining,
363 auditing, adjusting, and settling accounts pursuant to s. 17.04,
364 may use utilize audits performed by the inspectors general and
365 internal auditors. For state agencies under the Governor, The
366 audit plans shall be submitted to the Governor’s Chief Inspector
367 General. The plan shall be submitted to the agency head for
368 approval. A copy of the approved plan shall be submitted to the
369 Auditor General.
370 (6) In carrying out the investigative duties and
371 responsibilities specified in this section, each inspector
372 general shall initiate, conduct, supervise, and coordinate
373 investigations designed to detect, deter, prevent, and eradicate
374 fraud, waste, mismanagement, misconduct, and other abuses in
375 state government. For these purposes, each inspector general
376 shall:
377 (a) Establish an internal procedure for receiving concerns
378 or complaints from state agency personnel and a link on the
379 state agency’s website for receiving concerns or complaints from
380 clients or vendors of the agency or other members of the public.
381 (b)(a) Receive complaints and coordinate all activities of
382 the agency as required by the Whistle-blower’s Act pursuant to
383 ss. 112.3187-112.31895.
384 (c)(b) Receive and consider the complaints that which do
385 not meet the criteria for an investigation under the Whistle
386 blower’s Act and conduct, supervise, or coordinate such
387 inquiries, investigations, or reviews as the inspector general
388 deems appropriate.
389 (d)(c) Report expeditiously to the Department of Law
390 Enforcement or other law enforcement agencies, as appropriate,
391 whenever the inspector general has reasonable grounds to believe
392 there has been a violation of criminal law. However, the
393 inspector general for the Department of Law Enforcement may
394 consult with the Chief Inspector General before reporting
395 instances of suspected criminal acts within the Department of
396 Law Enforcement. The Chief Inspector General shall make a
397 determination of whether such investigation shall be reported to
398 the executive director of the Department of Law Enforcement. If
399 the Chief Inspector General determines that such instances
400 should not be reported to the executive director, he or she
401 shall report such determination to the Governor and Cabinet.
402 (e)(d) Conduct investigations and other inquiries free of
403 actual or perceived impairment to the independence of the
404 inspector general or the inspector general’s office. This
405 includes shall include freedom from any interference with
406 investigations and timely access to records and other sources of
407 information.
408 (f)(e) At the conclusion of each investigation in which the
409 subject of the investigation is a specific entity contracting
410 with the state or an individual substantially affected as
411 defined by this section, and if the investigation is not
412 confidential or otherwise exempt from disclosure by law, the
413 inspector general shall, consistent with s. 119.07(1), submit
414 findings to the subject that is a specific entity contracting
415 with the state or an individual substantially affected, who
416 shall be advised in writing that they may submit a written
417 response within 20 working days after receipt of the findings.
418 Such response and the inspector general’s rebuttal to the
419 response, if any, shall be included in the final investigative
420 report.
421 (g)(f) Submit in a timely fashion final reports on
422 investigations conducted by the inspector general to the agency
423 head and the Chief Inspector General, except for whistle
424 blower’s investigations, which shall be conducted and reported
425 pursuant to s. 112.3189.
426 (7) Each inspector general shall, by not later than
427 September 30 of each year, prepare an annual report summarizing
428 the activities of the office during the immediately preceding
429 state fiscal year. The final report shall be furnished to the
430 agency head and the Chief Inspector General. Such report shall
431 include, but need not be limited to:
432 (a) A description of activities relating to the
433 development, assessment, and validation of performance measures.
434 (b) A description of significant problems, abuses, and
435 deficiencies relating to the administration of programs and
436 operations of the agency disclosed by investigations, audits,
437 reviews, or other activities during the reporting period.
438 (c) A description of the recommendations for corrective
439 action made by the inspector general during the reporting period
440 with respect to significant problems, abuses, or deficiencies
441 identified.
442 (d) The identification of each significant recommendation
443 described in previous annual reports on which corrective action
444 has not been completed.
445 (e) A summary of each audit and investigation completed
446 during the reporting period.
447 (8) The inspector general in each state agency shall
448 provide to the agency head and the Chief Inspector General, upon
449 receipt, all written complaints concerning the duties and
450 responsibilities in this section, or any allegation of
451 misconduct related to the office of the inspector general or its
452 employees, if received from subjects of audits or investigations
453 who are individuals substantially affected or entities
454 contracting with the state, as defined in this section. For
455 agencies solely under the direction of the Governor, the
456 inspector general shall also provide the complaint to the Chief
457 Inspector General.
458 (9) Each agency inspector general shall, to the extent both
459 necessary and practicable, include on his or her staff
460 individuals with electronic data processing auditing experience.
461 One or more of the investigators within the office must be a
462 sworn law enforcement officer.
463 Section 3. Paragraph (d) of subsection (3) and subsection
464 (7) of section 112.3187, Florida Statutes, are amended to read:
465 112.3187 Adverse action against employee for disclosing
466 information of specified nature prohibited; employee remedy and
467 relief.—
468 (3) DEFINITIONS.—As used in this act, unless otherwise
469 specified, the following words or terms shall have the meanings
470 indicated:
471 (d) “Independent contractor” means an individual or
472 business entity a person, other than an agency, engaged in any
473 business, and who enters into a contract, including a provider
474 agreement, with an agency, or who otherwise receives public
475 funds to perform a public service.
476 (7) EMPLOYEES AND PERSONS PROTECTED.—This section protects
477 employees and persons who disclose information on their own
478 initiative in a written and signed complaint; who are requested
479 to participate in an investigation, hearing, or other inquiry
480 conducted by any agency or federal government entity; who refuse
481 to participate in any adverse action prohibited by this section;
482 or who initiate a complaint through the whistle-blower’s hotline
483 or the hotline of the Medicaid Fraud Control Unit of the
484 Department of Legal Affairs; or employees who file a any written
485 complaint to their supervisory officials or employees who submit
486 a complaint to the Chief Inspector General in the Executive
487 Office of the Governor, to the employee designated as agency
488 inspector general under s. 112.3189(1), or to the Florida
489 Commission on Human Relations. The provisions of this section
490 may not be used by a person while he or she is under the care,
491 custody, or control of the state correctional system or, after
492 release from the care, custody, or control of the state
493 correctional system, with respect to circumstances that occurred
494 during any period of incarceration. No remedy or other
495 protection under ss. 112.3187-112.31895 applies to any person
496 who has committed or intentionally participated in committing
497 the violation or suspected violation for which protection under
498 ss. 112.3187-112.31895 is being sought.
499 Section 4. Subsection (1) is amended and subsection (12) is
500 added to section 112.3189, Florida Statutes, to read:
501 112.3189 Investigative procedures upon receipt of whistle
502 blower information from certain state employees.—
503 (1) This section only applies to the disclosure of
504 information as described in s. 112.3187(5) by an employee or
505 former employee of, or an applicant for employment with, a state
506 agency, as the term “state agency” is defined in s. 216.011, to
507 the Office of the Chief Inspector General of the Executive
508 Office of the Governor or to the agency inspector general. If an
509 agency does not have an inspector general, the head of the state
510 agency, as defined in s. 216.011, shall designate an employee to
511 receive such information described in s. 112.3187(5). For
512 purposes of this section and s. 112.3188 only, the employee
513 designated by the head of the state agency shall be deemed an
514 agency inspector general.
515 (12) If the investigation under this section, or any
516 subsequent criminal action results in the recovery of state
517 funds, the employee disclosing the information may receive up to
518 15 percent of the amount recovered.
519 Section 5. Paragraph (a) of subsection (1) and paragraph
520 (a) of subsection (3) of section 112.31895, Florida Statutes,
521 are amended to read:
522 112.31895 Investigative procedures in response to
523 prohibited personnel actions.—
524 (1)(a) If a disclosure under s. 112.3187 includes or
525 results in alleged retaliation by an employer, the employee or
526 former employee of, or applicant for employment with, a state
527 agency, as defined in s. 216.011, which that is so affected may
528 file a complaint alleging a prohibited personnel action, which
529 complaint must be made by filing a written complaint with the
530 Office of the Chief Inspector General in the Executive Office of
531 the Governor or the Florida Commission on Human Relations
532 within, no later than 60 days after the prohibited personnel
533 action.
534 (3) CORRECTIVE ACTION AND TERMINATION OF INVESTIGATION.—
535 (a) The Florida Commission on Human Relations, in
536 accordance with this act and for the sole purpose of this act,
537 is empowered to:
538 1. Receive and investigate complaints from employees
539 alleging retaliation by state agencies, as the term “state
540 agency” is defined in s. 216.011.
541 2. Protect employees and applicants for employment with
542 such agencies from prohibited personnel practices under s.
543 112.3187.
544 3. Petition for stays and petition for corrective actions,
545 including, but not limited to, temporary reinstatement.
546 4. Recommend disciplinary proceedings pursuant to
547 investigation and appropriate agency rules and procedures.
548 5. Coordinate with the Chief Inspector General in the
549 Executive Office of the Governor and the Florida Commission on
550 Human Relations to receive, review, and forward to appropriate
551 agencies, legislative entities, or the Department of Law
552 Enforcement disclosures of a violation of any law, rule, or
553 regulation, or disclosures of gross mismanagement, malfeasance,
554 misfeasance, nonfeasance, neglect of duty, or gross waste of
555 public funds.
556 6. Review rules pertaining to personnel matters issued or
557 proposed by the Department of Management Services, the Public
558 Employees Relations Commission, and other agencies, and, if the
559 Florida Commission on Human Relations finds that any rule or
560 proposed rule, on its face or as implemented, requires the
561 commission of a prohibited personnel practice, provide a written
562 comment to the appropriate agency.
563 7. Investigate, request assistance from other governmental
564 entities, and, if appropriate, bring actions concerning,
565 allegations of retaliation by state agencies under subparagraph
566 1.
567 8. Administer oaths, examine witnesses, take statements,
568 issue subpoenas, order the taking of depositions, order
569 responses to written interrogatories, and make appropriate
570 motions to limit discovery, pursuant to investigations under
571 subparagraph 1.
572 9. Intervene or otherwise participate, as a matter of
573 right, in any appeal or other proceeding arising under this
574 section before the Public Employees Relations Commission or any
575 other appropriate agency, except that the Florida Commission on
576 Human Relations must comply with the rules of the commission or
577 other agency and may not seek corrective action or intervene in
578 an appeal or other proceeding without the consent of the person
579 protected under ss. 112.3187-112.31895.
580 10. Conduct an investigation, in the absence of an
581 allegation, to determine whether reasonable grounds exist to
582 believe that a prohibited action or a pattern of prohibited
583 action has occurred, is occurring, or is to be taken.
584 Section 6. Subsections (1) and (2) of section 112.31901,
585 Florida Statutes, are amended to read:
586 112.31901 Investigatory records.—
587 (1) If certified pursuant to subsection (2), an
588 investigatory record of the Chief Inspector General within the
589 Executive Office of the Governor or of the employee designated
590 by an agency head as the agency inspector general under s.
591 112.3189 is exempt from s. 119.07(1) and s. 24(a), Art. I of the
592 State Constitution until the investigation ceases to be active,
593 or a report detailing the investigation is provided to the
594 Governor or the agency head, or 60 days from the inception of
595 the investigation for which the record was made or received,
596 whichever first occurs. Investigatory records are those records
597 that are related to the investigation of an alleged, specific
598 act or omission or other wrongdoing, with respect to an
599 identifiable person or group of persons, based on information
600 compiled by the Chief Inspector General or by an agency
601 inspector general, as named under the provisions of s. 112.3189,
602 in the course of an investigation. An investigation is active if
603 it is continuing with a reasonable, good faith anticipation of
604 resolution and with reasonable dispatch.
605 (2) The Cabinet Governor, in the case of the Chief
606 Inspector General, or agency head, in the case of an employee
607 designated as the agency inspector general under s. 112.3189,
608 may certify that such investigatory records require an exemption
609 to protect the integrity of the investigation or avoid
610 unwarranted damage to an individual’s good name or reputation.
611 The certification must specify the nature and purpose of the
612 investigation and shall be kept with the exempt records and made
613 public when the records are made public.
614 Section 7. Section 287.0565, Florida Statutes, is created
615 to read:
616 287.0565 Purchasing cards.—
617 (1) The department shall adopt rules establishing standards
618 and procedures for state agency use of purchasing cards.
619 (2) Each agency inspector general shall conduct periodic
620 audits of the use of purchasing cards to monitor and confirm the
621 actual purchase of authorized goods and services by agency
622 employees.
623 Section 8. Subsection (3) of section 14.2015, Florida
624 Statutes, is amended to read:
625 14.2015 Office of Tourism, Trade, and Economic Development;
626 creation; powers and duties.—
627 (3) The Chief inspector general for the Executive Office of
628 the Governor, as described defined in s. 20.055 14.32:
629 (a) Shall advise public-private partnerships in their
630 development, utilization, and improvement of internal control
631 measures necessary to ensure fiscal accountability.
632 (b) May conduct, direct, and supervise audits relating to
633 the programs and operations of public-private partnerships.
634 (c) Shall receive and investigate complaints of fraud,
635 abuses, and deficiencies relating to programs and operations of
636 public-private partnerships.
637 (d) May request and have access to any records, data, and
638 other information of public-private partnerships which that the
639 Chief inspector general deems necessary to carry out his or her
640 responsibilities with respect to accountability.
641 (e) Shall monitor public-private partnerships for
642 compliance with the terms and conditions of contracts with the
643 Office of Tourism, Trade, and Economic Development and report
644 noncompliance to the Governor.
645 (f) Shall advise public-private partnerships in the
646 development, utilization, and improvement of performance
647 measures for the evaluation of their operations.
648 (g) Shall review and make recommendations for improvements
649 in the actions taken by public-private partnerships to meet
650 performance standards.
651 Section 9. This act shall take effect July 1, 2011.