Florida Senate - 2012                                     SB 270
       
       
       
       By Senator Dockery
       
       
       
       
       15-00349-12                                            2012270__
    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 the term “independent contractor” under
   39         the state Whistle-blower’s Act to include anyone who
   40         receives public funds; conforming provisions to
   41         changes made by the act; amending s. 112.3189, F.S.;
   42         conforming provisions to changes made by the act;
   43         permitting employees disclosing information resulting
   44         in a recovery of funds to receive a percent of any
   45         funds recovered; amending ss. 112.31895 and 112.31901,
   46         F.S.; conforming provisions to changes made by the
   47         act; creating s. 287.0565, F.S.; directing the
   48         Department of Management Services to adopt criteria
   49         for the use of purchasing cards; requiring the agency
   50         inspector general to conduct periodic audits of the
   51         use of such cards; providing an effective date.
   52  
   53  Be It Enacted by the Legislature of the State of Florida:
   54  
   55         Section 1. Section 14.32, Florida Statutes, is transferred
   56  and renumbered as section 20.054, Florida Statutes, and amended
   57  to read:
   58         20.054 14.32 Office of Chief Inspector General.—
   59         (1) There is created in the Executive Office of the
   60  Governor the Office of Chief Inspector General, which, for
   61  administrative purposes only, shall be housed in the Executive
   62  Office of the Governor. The Chief Inspector General shall be
   63  responsible for promoting accountability, integrity, and
   64  efficiency in the agencies under the jurisdiction of the
   65  Governor and the Cabinet. The Chief Inspector General shall be
   66  nominated by the Governor, and approved appointed by and serve
   67  at the pleasure of the Cabinet Governor.
   68         (2) The Chief Inspector General shall:
   69         (a) Initiate, supervise, and coordinate investigations,
   70  recommend policies, and carry out other activities designed to
   71  deter, detect, prevent, and eradicate fraud, waste, abuse,
   72  mismanagement, and misconduct in government.
   73         (b) Investigate, upon receipt of a complaint or for cause,
   74  any administrative action of any agency, the administration of
   75  which is under the direct supervision of the Governor or
   76  Cabinet, regardless of the finality of the administrative
   77  action.
   78         (c) Request such assistance and information as may be
   79  necessary for the performance of the duties of the Chief
   80  Inspector General.
   81         (d) Examine the records and reports of any agency the
   82  administration of which is under the direct supervision of the
   83  Governor or Cabinet.
   84         (e) Coordinate complaint-handling activities with agencies.
   85         (f) Coordinate the activities of the Whistle-blower’s Act
   86  pursuant to chapter 112 and maintain the whistle-blower’s
   87  hotline to receive complaints and information concerning the
   88  possible violation of law or administrative rules,
   89  mismanagement, fraud, waste, abuse of authority, malfeasance, or
   90  a substantial or specific danger to the health, welfare, or
   91  safety of the public.
   92         (g) Report expeditiously to and cooperate fully with the
   93  Department of Law Enforcement, the Department of Legal Affairs,
   94  and other law enforcement agencies if when there are
   95  recognizable grounds to believe that there has been a violation
   96  of criminal law or that a civil action should be initiated.
   97         (h) Act as liaison with outside agencies and the Federal
   98  Government to promote accountability, integrity, and efficiency
   99  in state government.
  100         (i) Act as liaison and monitor the activities of the
  101  inspectors general in the agencies under the Governor and
  102  Cabinet, including the Executive Office of the Governor
  103  Governor’s jurisdiction.
  104         (j) Review, evaluate, and monitor the policies, practices,
  105  and operations of the Executive Office of the Governor.
  106         (j)(k) Conduct special investigations and management
  107  reviews at the request of the Governor and Cabinet.
  108         (3) Related to public-private partnerships, the Chief
  109  Inspector General:
  110         (a) Shall advise public-private partnerships, including
  111  Enterprise Florida, Inc., in their development, utilization, and
  112  improvement of internal control measures necessary to ensure
  113  fiscal accountability.
  114         (b) May conduct, direct, and supervise audits relating to
  115  the programs and operations of public-private partnerships.
  116         (c) Shall receive and investigate complaints of fraud,
  117  abuses, and deficiencies relating to programs and operations of
  118  public-private partnerships.
  119         (d) May request and have access to any records, data, and
  120  other information in the possession of public-private
  121  partnerships which the Chief Inspector General deems necessary
  122  to carry out his or her responsibilities with respect to
  123  accountability.
  124         (e) Shall monitor public-private partnerships for
  125  compliance with the terms and conditions of contracts with the
  126  department and report noncompliance to the Governor.
  127         (f) Shall advise public-private partnerships in the
  128  development, utilization, and improvement of performance
  129  measures for the evaluation of their operations.
  130         (g) Shall review and make recommendations for improvements
  131  in the actions taken by public-private partnerships to meet
  132  performance standards.
  133         (4) The Chief Inspector General shall serve as the
  134  inspector general for the Executive Office of the Governor.
  135         Section 2. Section 20.055, Florida Statutes, is amended to
  136  read:
  137         20.055 Agency inspectors general.—
  138         (1) For the purposes of this section:
  139         (a) “State agency” means each department created pursuant
  140  to this chapter, and also includes the Executive Office of the
  141  Governor, the Cabinet agencies, the Department of Military
  142  Affairs, the Fish and Wildlife Conservation Commission, the
  143  Office of Insurance Regulation of the Financial Services
  144  Commission, the Office of Financial Regulation of the Financial
  145  Services Commission, the Public Service Commission, the Board of
  146  Governors of the State University System, the Florida Housing
  147  Finance Corporation, and the state courts system.
  148         (b) “Agency head” means the Governor, a Cabinet officer, a
  149  secretary as defined in s. 20.03(5), or an executive director as
  150  defined in s. 20.03(6). It also includes the chair of the Public
  151  Service Commission, the Director of the Office of Insurance
  152  Regulation of the Financial Services Commission, the Director of
  153  the Office of Financial Regulation of the Financial Services
  154  Commission, the board of directors of the Florida Housing
  155  Finance Corporation, and the Chief Justice of the State Supreme
  156  Court.
  157         (c) “Individuals substantially affected” means natural
  158  persons who have established a real and sufficiently immediate
  159  injury in fact due to the findings, conclusions, or
  160  recommendations of a final report of a state agency inspector
  161  general, who are the subject of the audit or investigation, and
  162  who do not have or are not currently afforded an existing right
  163  to an independent review process. The term does not include
  164  employees of the state, including career service, probationary,
  165  other personal service, Selected Exempt Service, and Senior
  166  Management Service employees;, are not covered by this
  167  definition. This definition also does not cover former employees
  168  of the state if the final report of the state agency inspector
  169  general relates to matters arising during a former employee’s
  170  term of state employment; or. This definition does not apply to
  171  persons who are the subject of audits or investigations
  172  conducted pursuant to ss. 112.3187-112.31895 or s. 409.913 or
  173  which are otherwise confidential and exempt under s. 119.07.
  174         (d) “Entities contracting with the state” means for-profit
  175  and not-for-profit organizations or businesses having a legal
  176  existence, such as corporations or partnerships, as opposed to
  177  natural persons, which have entered into a relationship with a
  178  state agency as defined in paragraph (a) to provide for
  179  consideration certain goods or services for consideration to the
  180  state agency or on behalf of the state agency. The relationship
  181  may be evidenced by payment by warrant or purchasing card,
  182  contract, purchase order, provider agreement, or other such
  183  mutually agreed upon relationship. The term This definition does
  184  not apply to entities that which are the subject of audits or
  185  investigations conducted pursuant to ss. 112.3187-112.31895 or
  186  s. 409.913 or that which are otherwise confidential and exempt
  187  under s. 119.07.
  188         (2) The Office of Inspector General is hereby established
  189  in each state agency to coordinate and be responsible provide a
  190  central point for coordination of and responsibility for
  191  activities that promote accountability, integrity, and
  192  efficiency in government. It is shall be the duty and
  193  responsibility of each inspector general, with respect to the
  194  state agency in which the office is established, to:
  195         (a) Advise in the development of performance measures,
  196  standards, and procedures for the evaluation of state agency
  197  programs, including:.
  198         1.(b)Assessing Assess the reliability and validity of the
  199  information provided by the state agency on performance outcomes
  200  measures and standards, and making make recommendations for
  201  improvement, if necessary, prior to submission of those outcomes
  202  measures and standards to the Executive Office of the Governor
  203  pursuant to s. 216.013 s. 216.0166(1).
  204         2.(c)Reviewing Review the actions taken by the state
  205  agency to improve program performance and meet program standards
  206  and making make recommendations for improvement, if necessary.
  207         (b)(d) Provide direction for, supervise, and coordinate
  208  audits, investigations, and management reviews relating to the
  209  programs and operations of the state agency. If, except that
  210  when the inspector general does not possess the qualifications
  211  specified in subsection (4), the director of auditing shall
  212  conduct such audits.
  213         (c)(e) Conduct, supervise, or coordinate other activities
  214  carried out or financed by that state agency for the purpose of
  215  promoting economy and efficiency in the administration of, or
  216  preventing and detecting fraud and abuse in, its programs and
  217  operations.
  218         (d)(f) Keep the such agency head and the Chief Inspector
  219  General informed concerning any fraud, abuses, or and
  220  deficiencies relating to programs and operations administered or
  221  financed by the state agency, recommend corrective action
  222  concerning such fraud, abuses, or and deficiencies, and report
  223  on the progress made in implementing corrective action. However,
  224  if the inspector general has reasonable concerns that keeping
  225  the agency head informed may compromise any related
  226  investigation, the inspector general shall first report such
  227  concerns to the Chief Inspector General who shall make a
  228  determination about whether to report to the agency head. If the
  229  Chief Inspector General concludes that such investigation should
  230  not be reported to the agency head, the Chief Inspector General
  231  shall report such determination to the Governor and Cabinet.
  232         (e)(g) Ensure effective coordination and cooperation
  233  between the Auditor General, federal auditors, and other
  234  governmental bodies in order to avoid with a view toward
  235  avoiding duplication.
  236         (f)(h) Review, as appropriate, rules relating to the
  237  programs and operations of the such state agency and make
  238  recommendations concerning their impact.
  239         (g)(i) Ensure that an appropriate balance is maintained
  240  between audit, investigative, and other accountability
  241  activities.
  242         (h)(j) Comply with the General Principles and Standards for
  243  Offices of Inspector General as published and revised by the
  244  Association of Inspectors General.
  245         (3)(a) The inspector general of each state agency shall be
  246  appointed by the Chief Inspector General, subject to the written
  247  consent of the agency head. The inspector general shall be
  248  appointed without regard to political affiliation. For agencies
  249  under the direction of the Governor, the appointment shall be
  250  made after notifying the Governor and the Chief Inspector
  251  General in writing, at least 7 days prior to an offer of
  252  employment, of the agency head’s intention to hire the inspector
  253  general.
  254         (a)(b)Except as provided in paragraphs (2)(d) and (6)(g),
  255  each inspector general shall report to and be under the general
  256  supervision of the agency head and is shall not be subject to
  257  supervision by any other employee of the state agency. The
  258  inspector general shall be appointed without regard to political
  259  affiliation.
  260         (b)(c) An inspector general may be removed from office by
  261  the Chief Inspector General, in consultation with the agency
  262  head. Following consultation with the agency head For agencies
  263  under the direction of the Governor, the Chief Inspector General
  264  agency head shall notify the inspector general and the Governor
  265  and Cabinet Governor and the Chief Inspector General, in
  266  writing, of the intention to terminate the inspector general for
  267  good cause shown at least 21 7 days before prior to the removal.
  268  Good cause must be documented in the notification. The inspector
  269  general may not be removed if an objection is made by the
  270  Governor or Cabinet within the 21 days before removal. Removal
  271  may be made if the objection is later rescinded. For state
  272  agencies under the direction of the Governor and Cabinet, the
  273  agency head shall notify the Governor and Cabinet in writing of
  274  the intention to terminate the inspector general at least 7 days
  275  prior to the removal.
  276         (c)(d)An The agency head or agency staff may shall not
  277  prevent or prohibit the inspector general from initiating,
  278  carrying out, or completing any audit or investigation.
  279         (4) The inspector general must be certified by the
  280  Association of Inspectors General. To ensure that state agency
  281  audits are performed in accordance with applicable auditing
  282  standards, the inspector general or the director of auditing
  283  within the inspector general’s office must shall possess the
  284  following qualifications:
  285         (a) A bachelor’s degree from an accredited college or
  286  university with a major in accounting, or with a major in
  287  business which includes five courses in accounting, and 5 years
  288  of experience as an internal auditor or independent postauditor,
  289  electronic data processing auditor, accountant, or any
  290  combination thereof. The experience must, shall at a minimum,
  291  consist of audits of units of government or private business
  292  enterprises, operating for profit or not for profit; or
  293         (b) A master’s degree in accounting, business
  294  administration, or public administration from an accredited
  295  college or university and 4 years of experience as required in
  296  paragraph (a); or
  297         (c) A certified public accountant license issued pursuant
  298  to chapter 473 or a certified internal audit certificate issued
  299  by the Institute of Internal Auditors or earned by examination,
  300  and 4 years of experience as required in paragraph (a).
  301         (5) In carrying out the auditing duties and
  302  responsibilities of this section act, each inspector general
  303  shall review and evaluate internal controls necessary to ensure
  304  the fiscal accountability of the state agency. The inspector
  305  general shall conduct financial, compliance, electronic data
  306  processing, and performance audits of the agency and prepare
  307  audit reports of his or her findings. The scope and assignment
  308  of the audits shall be determined by the inspector general;
  309  however, the agency head may at any time direct the inspector
  310  general to perform an audit of a special program, function, or
  311  organizational unit. The performance of the audit shall be under
  312  the direction of the inspector general, except that if the
  313  inspector general does not possess the qualifications specified
  314  in subsection (4), the director of auditing shall perform the
  315  functions listed in this subsection.
  316         (a) Such audits shall be conducted in accordance with the
  317  current International Standards for the Professional Practice of
  318  Internal Auditing as published by the Institute of Internal
  319  Auditors, Inc., or, where appropriate, in accordance with
  320  generally accepted governmental auditing standards. All audit
  321  reports issued by internal audit staff must shall include a
  322  statement that the audit was conducted pursuant to the
  323  appropriate standards.
  324         (b) Audit workpapers and reports are shall be public
  325  records to the extent that they do not include information that
  326  which has been made confidential and exempt from the provisions
  327  of s. 119.07(1) pursuant to law. However, if when the inspector
  328  general or a member of the staff receives a complaint or
  329  information from an individual which a complaint or information
  330  that falls within the definition provided in s. 112.3187(5), the
  331  name or identity of the individual may shall not be disclosed to
  332  anyone else without the written consent of the individual,
  333  unless the inspector general determines that such disclosure is
  334  unavoidable during the course of the audit or investigation.
  335         (c) The inspector general and the staff shall have access
  336  to any records, data, and other information of the state agency
  337  he or she deems necessary to carry out his or her duties. The
  338  inspector general may is also authorized to request such
  339  information or assistance as may be necessary from the state
  340  agency or from any federal, state, or local government entity.
  341         (d) At the conclusion of each audit, the inspector general
  342  shall submit preliminary findings and recommendations to the
  343  person responsible for supervision of the program function or
  344  operational unit who shall respond to any adverse findings
  345  within 20 working days after receipt of the preliminary
  346  findings. Such response and the inspector general’s rebuttal to
  347  the response shall be included in the final audit report.
  348         (e) At the conclusion of an audit in which the subject of
  349  the audit is a specific entity contracting with the state or an
  350  individual substantially affected, if the audit is not
  351  confidential or otherwise exempt from disclosure by law, the
  352  inspector general shall, consistent with s. 119.07(1), submit
  353  the findings to the entity contracting with the state or the
  354  individual substantially affected, who shall be advised in
  355  writing that they may submit a written response within 20
  356  working days after receipt of the findings. The response and the
  357  inspector general’s rebuttal to the response, if any, must be
  358  included in the final audit report.
  359         (f) The inspector general shall submit the final report to
  360  the agency head and to the Auditor General.
  361         (g) The Auditor General, in connection with the independent
  362  postaudit of the same agency pursuant to s. 11.45, shall give
  363  appropriate consideration to internal audit reports and the
  364  resolution of findings therein. The Legislative Auditing
  365  Committee may inquire into the reasons or justifications for
  366  failure of the agency head to correct the deficiencies reported
  367  in internal audits that are also reported by the Auditor General
  368  and shall take appropriate action.
  369         (h) The inspector general shall monitor the implementation
  370  of the state agency’s response to any report on the state agency
  371  issued by the Auditor General or by the Office of Program Policy
  372  Analysis and Government Accountability. Within No later than 6
  373  months after the Auditor General or the Office of Program Policy
  374  Analysis and Government Accountability publishes a report on the
  375  state agency, the inspector general shall provide a written
  376  response to the agency head on the status of corrective actions
  377  taken. The Inspector General shall file a copy of such response
  378  with the Legislative Auditing Committee.
  379         (i) The inspector general shall develop long-term and
  380  annual audit plans based on the findings of periodic risk
  381  assessments. The plan, where appropriate, should include
  382  postaudit samplings of payments and accounts. The plan shall
  383  show the individual audits to be conducted during each year and
  384  related resources to be devoted to the respective audits. The
  385  Chief Financial Officer, to assist in fulfilling the
  386  responsibilities for examining, auditing, and settling accounts,
  387  claims, and demands pursuant to s. 17.03(1), and examining,
  388  auditing, adjusting, and settling accounts pursuant to s. 17.04,
  389  may use utilize audits performed by the inspectors general and
  390  internal auditors. For state agencies under the Governor, The
  391  audit plans shall be submitted to the Governor’s Chief Inspector
  392  General. The plan shall be submitted to the agency head for
  393  approval. A copy of the approved plan shall be submitted to the
  394  Auditor General.
  395         (6) In carrying out the investigative duties and
  396  responsibilities specified in this section, each inspector
  397  general shall initiate, conduct, supervise, and coordinate
  398  investigations designed to detect, deter, prevent, and eradicate
  399  fraud, waste, mismanagement, misconduct, and other abuses in
  400  state government. For these purposes, each inspector general
  401  shall:
  402         (a) Establish an internal procedure for receiving concerns
  403  or complaints from state agency personnel and a link on the
  404  state agency’s website for receiving concerns or complaints from
  405  clients or vendors of the agency or other members of the public.
  406         (b)(a) Receive complaints and coordinate all activities of
  407  the agency as required by the Whistle-blower’s Act pursuant to
  408  ss. 112.3187-112.31895.
  409         (c)(b) Receive and consider the complaints that which do
  410  not meet the criteria for an investigation under the Whistle
  411  blower’s Act and conduct, supervise, or coordinate such
  412  inquiries, investigations, or reviews as the inspector general
  413  deems appropriate.
  414         (d)(c) Report expeditiously to the Department of Law
  415  Enforcement or other law enforcement agencies, as appropriate,
  416  whenever the inspector general has reasonable grounds to believe
  417  there has been a violation of criminal law. However, the
  418  inspector general for the Department of Law Enforcement may
  419  consult with the Chief Inspector General before reporting
  420  instances of suspected criminal acts within the Department of
  421  Law Enforcement. The Chief Inspector General shall make a
  422  determination of whether such investigation shall be reported to
  423  the executive director of the Department of Law Enforcement. If
  424  the Chief Inspector General determines that such instances
  425  should not be reported to the executive director, he or she
  426  shall report such determination to the Governor and Cabinet.
  427         (e)(d) Conduct investigations and other inquiries free of
  428  actual or perceived impairment to the independence of the
  429  inspector general or the inspector general’s office. This
  430  includes shall include freedom from any interference with
  431  investigations and timely access to records and other sources of
  432  information.
  433         (f)(e) At the conclusion of each investigation in which the
  434  subject of the investigation is a specific entity contracting
  435  with the state or an individual substantially affected as
  436  defined by this section, and if the investigation is not
  437  confidential or otherwise exempt from disclosure by law, the
  438  inspector general shall, consistent with s. 119.07(1), submit
  439  findings to the subject that is a specific entity contracting
  440  with the state or an individual substantially affected, who
  441  shall be advised in writing that they may submit a written
  442  response within 20 working days after receipt of the findings.
  443  Such response and the inspector general’s rebuttal to the
  444  response, if any, shall be included in the final investigative
  445  report.
  446         (g)(f) Submit in a timely fashion final reports on
  447  investigations conducted by the inspector general to the agency
  448  head and the Chief Inspector General, except for whistle
  449  blower’s investigations, which shall be conducted and reported
  450  pursuant to s. 112.3189.
  451         (7)(a)Except as provided in paragraph (b), Each inspector
  452  general shall, by not later than September 30 of each year,
  453  prepare an annual report summarizing the activities of the
  454  office during the immediately preceding state fiscal year.
  455  However,
  456         (b) the inspector general of the Florida Housing Finance
  457  Corporation shall, within not later than 90 days after the end
  458  of each fiscal year, prepare an annual report summarizing the
  459  activities of the office of inspector general during the
  460  immediately preceding fiscal year.
  461         (c) The final reports prepared pursuant to paragraphs (a)
  462  and (b) shall be furnished to the heads of the respective
  463  agencies and the Chief Inspector General. Such reports shall
  464  include, but need not be limited to:
  465         (a)1. A description of activities relating to the
  466  development, assessment, and validation of performance measures.
  467         (b)2. A description of significant problems, abuses, and
  468  deficiencies relating to the administration of programs and
  469  operations of the agency disclosed by investigations, audits,
  470  reviews, or other activities during the reporting period.
  471         (c)3. A description of the recommendations for corrective
  472  action made by the inspector general during the reporting period
  473  with respect to significant problems, abuses, or deficiencies
  474  identified.
  475         (d)4. The identification of each significant recommendation
  476  described in previous annual reports on which corrective action
  477  has not been completed.
  478         (e)5. A summary of each audit and investigation completed
  479  during the reporting period.
  480         (8) The inspector general in each state agency shall
  481  provide to the agency head and the Chief Inspector General, upon
  482  receipt, all written complaints concerning the duties and
  483  responsibilities in this section, or any allegation of
  484  misconduct related to the office of the inspector general or its
  485  employees, if received from subjects of audits or investigations
  486  who are individuals substantially affected or entities
  487  contracting with the state, as defined in this section. For
  488  agencies solely under the direction of the Governor, the
  489  inspector general shall also provide the complaint to the Chief
  490  Inspector General.
  491         (9) Each agency inspector general shall, to the extent both
  492  necessary and practicable, include on his or her staff
  493  individuals with electronic data processing auditing experience.
  494  One or more of the investigators within the office must be a
  495  sworn law enforcement officer.
  496         Section 3. Paragraph (d) of subsection (3) and subsection
  497  (7) of section 112.3187, Florida Statutes, are amended to read:
  498         112.3187 Adverse action against employee for disclosing
  499  information of specified nature prohibited; employee remedy and
  500  relief.—
  501         (3) DEFINITIONS.—As used in this act, unless otherwise
  502  specified, the following words or terms shall have the meanings
  503  indicated:
  504         (d) “Independent contractor” means an individual or
  505  business entity a person, other than an agency, engaged in any
  506  business, and who enters into a contract, including a provider
  507  agreement, with an agency, or who otherwise receives public
  508  funds to perform a public service.
  509         (7) EMPLOYEES AND PERSONS PROTECTED.—This section protects
  510  employees and persons who disclose information on their own
  511  initiative in a written and signed complaint; who are requested
  512  to participate in an investigation, hearing, or other inquiry
  513  conducted by any agency or federal government entity; who refuse
  514  to participate in any adverse action prohibited by this section;
  515  or who initiate a complaint through the whistle-blower’s hotline
  516  or the hotline of the Medicaid Fraud Control Unit of the
  517  Department of Legal Affairs; or employees who file a any written
  518  complaint to their supervisory officials or employees who submit
  519  a complaint to the Chief Inspector General in the Executive
  520  Office of the Governor, to the employee designated as agency
  521  inspector general under s. 112.3189(1), or to the Florida
  522  Commission on Human Relations. The provisions of this section
  523  may not be used by a person while he or she is under the care,
  524  custody, or control of the state correctional system or, after
  525  release from the care, custody, or control of the state
  526  correctional system, with respect to circumstances that occurred
  527  during any period of incarceration. No remedy or other
  528  protection under ss. 112.3187-112.31895 applies to any person
  529  who has committed or intentionally participated in committing
  530  the violation or suspected violation for which protection under
  531  ss. 112.3187-112.31895 is being sought.
  532         Section 4. Subsection (1) of section 112.3189, Florida
  533  Statutes, is amended, and subsection (12) is added to that
  534  section, to read:
  535         112.3189 Investigative procedures upon receipt of whistle
  536  blower information from certain state employees.—
  537         (1) This section only applies only to the disclosure of
  538  information as described in s. 112.3187(5) by an employee or
  539  former employee of, or an applicant for employment with, a state
  540  agency, as the term “state agency” is defined in s. 216.011, to
  541  the Office of the Chief Inspector General of the Executive
  542  Office of the Governor or to the agency inspector general. If an
  543  agency does not have an inspector general, the head of the state
  544  agency, as defined in s. 216.011, shall designate an employee to
  545  receive such information described in s. 112.3187(5). For
  546  purposes of this section and s. 112.3188 only, the employee
  547  designated by the head of the state agency shall be deemed an
  548  agency inspector general.
  549         (12) If the investigation under this section, or any
  550  subsequent criminal action, results in the recovery of state
  551  funds, the employee disclosing the information may receive up to
  552  15 percent of the amount recovered.
  553         Section 5. Paragraph (a) of subsection (1) and paragraph
  554  (a) of subsection (3) of section 112.31895, Florida Statutes,
  555  are amended to read:
  556         112.31895 Investigative procedures in response to
  557  prohibited personnel actions.—
  558         (1)(a) If a disclosure under s. 112.3187 includes or
  559  results in alleged retaliation by an employer, the employee or
  560  former employee of, or applicant for employment with, a state
  561  agency, as defined in s. 216.011, which that is so affected may
  562  file a complaint alleging a prohibited personnel action, which
  563  complaint must be made by filing a written complaint with the
  564  Office of the Chief Inspector General in the Executive Office of
  565  the Governor or the Florida Commission on Human Relations
  566  within, no later than 60 days after the prohibited personnel
  567  action.
  568         (3) CORRECTIVE ACTION AND TERMINATION OF INVESTIGATION.—
  569         (a) The Florida Commission on Human Relations, in
  570  accordance with this act and for the sole purpose of this act,
  571  is empowered to:
  572         1. Receive and investigate complaints from employees
  573  alleging retaliation by state agencies, as the term “state
  574  agency” is defined in s. 216.011.
  575         2. Protect employees and applicants for employment with
  576  such agencies from prohibited personnel practices under s.
  577  112.3187.
  578         3. Petition for stays and petition for corrective actions,
  579  including, but not limited to, temporary reinstatement.
  580         4. Recommend disciplinary proceedings pursuant to
  581  investigation and appropriate agency rules and procedures.
  582         5. Coordinate with the Chief Inspector General in the
  583  Executive Office of the Governor and the Florida Commission on
  584  Human Relations to receive, review, and forward to appropriate
  585  agencies, legislative entities, or the Department of Law
  586  Enforcement disclosures of a violation of any law, rule, or
  587  regulation, or disclosures of gross mismanagement, malfeasance,
  588  misfeasance, nonfeasance, neglect of duty, or gross waste of
  589  public funds.
  590         6. Review rules pertaining to personnel matters issued or
  591  proposed by the Department of Management Services, the Public
  592  Employees Relations Commission, and other agencies, and, if the
  593  Florida Commission on Human Relations finds that any rule or
  594  proposed rule, on its face or as implemented, requires the
  595  commission of a prohibited personnel practice, provide a written
  596  comment to the appropriate agency.
  597         7. Investigate, request assistance from other governmental
  598  entities, and, if appropriate, bring actions concerning,
  599  allegations of retaliation by state agencies under subparagraph
  600  1.
  601         8. Administer oaths, examine witnesses, take statements,
  602  issue subpoenas, order the taking of depositions, order
  603  responses to written interrogatories, and make appropriate
  604  motions to limit discovery, pursuant to investigations under
  605  subparagraph 1.
  606         9. Intervene or otherwise participate, as a matter of
  607  right, in any appeal or other proceeding arising under this
  608  section before the Public Employees Relations Commission or any
  609  other appropriate agency, except that the Florida Commission on
  610  Human Relations must comply with the rules of the commission or
  611  other agency and may not seek corrective action or intervene in
  612  an appeal or other proceeding without the consent of the person
  613  protected under ss. 112.3187-112.31895.
  614         10. Conduct an investigation, in the absence of an
  615  allegation, to determine whether reasonable grounds exist to
  616  believe that a prohibited action or a pattern of prohibited
  617  action has occurred, is occurring, or is to be taken.
  618         Section 6. Subsections (1) and (2) of section 112.31901,
  619  Florida Statutes, are amended to read:
  620         112.31901 Investigatory records.—
  621         (1) If certified pursuant to subsection (2), an
  622  investigatory record of the Chief Inspector General within the
  623  Executive Office of the Governor or of the employee designated
  624  by an agency head as the agency inspector general under s.
  625  112.3189 is exempt from s. 119.07(1) and s. 24(a), Art. I of the
  626  State Constitution until the investigation ceases to be active,
  627  or a report detailing the investigation is provided to the
  628  Governor or the agency head, or 60 days from the inception of
  629  the investigation for which the record was made or received,
  630  whichever first occurs. Investigatory records are those records
  631  that are related to the investigation of an alleged, specific
  632  act or omission or other wrongdoing, with respect to an
  633  identifiable person or group of persons, based on information
  634  compiled by the Chief Inspector General or by an agency
  635  inspector general, as named under the provisions of s. 112.3189,
  636  in the course of an investigation. An investigation is active if
  637  it is continuing with a reasonable, good faith anticipation of
  638  resolution and with reasonable dispatch.
  639         (2) The Cabinet Governor, in the case of the Chief
  640  Inspector General, or agency head, in the case of an employee
  641  designated as the agency inspector general under s. 112.3189,
  642  may certify that such investigatory records require an exemption
  643  to protect the integrity of the investigation or avoid
  644  unwarranted damage to an individual’s good name or reputation.
  645  The certification must specify the nature and purpose of the
  646  investigation and shall be kept with the exempt records and made
  647  public when the records are made public.
  648         Section 7. Section 287.0565, Florida Statutes, is created
  649  to read:
  650         287.0565Purchasing cards.—
  651         (1) The department shall adopt rules establishing standards
  652  and procedures for the use of purchasing cards by state
  653  agencies.
  654         (2) Each agency inspector general shall conduct periodic
  655  audits of the use of purchasing cards in order to monitor and
  656  confirm the actual purchase of authorized goods and services by
  657  agency employees.
  658         Section 8. This act shall take effect July 1, 2012.