Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. SB 1480
       
       
       
       
       
       
                                Ì652786SÎ652786                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/17/2017           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Governmental Oversight and Accountability
       (Baxley) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (6) is added to section 14.32,
    6  Florida Statutes, to read:
    7         14.32 Office of Chief Inspector General.—
    8         (6)Any audit or investigative workpapers, records,
    9  reports, reviews, inquiries, or other documentation obtained or
   10  created during or in relation to any audit or investigation
   11  conducted pursuant to this section are confidential and exempt
   12  from s. 119.07(1) and s. 24(a), Art. I of the State Constitution
   13  until completion of such audit or investigation or upon issuance
   14  of a final report. Upon completion of such audit or
   15  investigation or upon issuance of a final report, the audit or
   16  investigative workpapers, records, reports, reviews, inquiries,
   17  or other documentation obtained or created during or in relation
   18  to the audit or investigation shall be public records to the
   19  extent that they do not include information that has been made
   20  exempt or confidential and exempt from s. 119.07(1) or s. 24(a),
   21  Art. I of the State Constitution. This subsection is subject to
   22  the Open Government Sunset Review Act in accordance with s.
   23  119.15 and shall stand repealed on October 2, 2022, unless
   24  reviewed and saved from repeal through reenactment by the
   25  Legislature.
   26         Section 2. Paragraph (b) of subsection (6) and subsection
   27  (7) of section 20.055, Florida Statutes, are amended to read:
   28         20.055 Agency inspectors general.—
   29         (6) In carrying out the auditing duties and
   30  responsibilities of this act, each inspector general shall
   31  review and evaluate internal controls necessary to ensure the
   32  fiscal accountability of the state agency. The inspector general
   33  shall conduct financial, compliance, electronic data processing,
   34  and performance audits of the agency and prepare audit reports
   35  of his or her findings. The scope and assignment of the audits
   36  shall be determined by the inspector general; however, the
   37  agency head may at any time request the inspector general to
   38  perform an audit of a special program, function, or
   39  organizational unit. The performance of the audit shall be under
   40  the direction of the inspector general, except that if the
   41  inspector general does not possess the qualifications specified
   42  in subsection (4), the director of auditing shall perform the
   43  functions listed in this subsection.
   44         (b) Any audit workpapers, records, reports, reviews,
   45  inquiries, or other documentation obtained or created during or
   46  in relation to any audit conducted pursuant to this section are
   47  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
   48  of the State Constitution until completion of such audit or upon
   49  issuance of a final report. Upon completion of such audit or
   50  upon issuance of a final report, the audit workpapers, records,
   51  and reports, reviews, inquiries, or other documentation obtained
   52  or created during or in relation to the audit shall be public
   53  records to the extent that they do not include information that
   54  which has been made exempt or confidential and exempt from the
   55  provisions of s. 119.07(1) or s. 24(a), Art. I of the State
   56  Constitution pursuant to law. However, When the inspector
   57  general or a member of the staff receives from an individual a
   58  complaint or information that falls within the definition
   59  provided in s. 112.3187(5), the name or identity of the
   60  individual may not be disclosed to anyone else without the
   61  written consent of the individual, unless the inspector general
   62  determines that such disclosure is unavoidable during the course
   63  of the audit or investigation. This paragraph is subject to the
   64  Open Government Sunset Review Act in accordance with s. 119.15
   65  and shall stand repealed on October 2, 2022, unless reviewed and
   66  saved from repeal through reenactment by the Legislature.
   67         (7)(a) In carrying out the investigative duties and
   68  responsibilities specified in this section, each inspector
   69  general shall initiate, conduct, supervise, and coordinate
   70  investigations designed to detect, deter, prevent, and eradicate
   71  fraud, waste, mismanagement, misconduct, and other abuses in
   72  state government. For these purposes, each inspector general
   73  shall:
   74         1.(a) Receive complaints and coordinate all activities of
   75  the agency as required by the Whistle-blower’s Act pursuant to
   76  ss. 112.3187-112.31895.
   77         2.(b) Receive and consider the complaints which do not meet
   78  the criteria for an investigation under the Whistle-blower’s Act
   79  and conduct, supervise, or coordinate such inquiries,
   80  investigations, or reviews as the inspector general deems
   81  appropriate.
   82         3.(c) Report expeditiously to the Department of Law
   83  Enforcement or other law enforcement agencies, as appropriate,
   84  whenever the inspector general has reasonable grounds to believe
   85  there has been a violation of criminal law.
   86         4.(d) Conduct investigations and other inquiries free of
   87  actual or perceived impairment to the independence of the
   88  inspector general or the inspector general’s office. This shall
   89  include freedom from any interference with investigations and
   90  timely access to records and other sources of information.
   91         5.(e) At the conclusion of each investigation in which the
   92  subject of the investigation is a specific entity contracting
   93  with the state or an individual substantially affected as
   94  defined by this section, and if the investigation is not
   95  confidential or otherwise exempt from disclosure by law, the
   96  inspector general shall, consistent with s. 119.07(1) and s.
   97  24(a), Art. I of the State Constitution, submit findings to the
   98  subject that is a specific entity contracting with the state or
   99  an individual substantially affected, who shall be advised in
  100  writing that they may submit a written response within 20
  101  working days after receipt of the findings. Such response and
  102  the inspector general’s rebuttal to the response, if any, shall
  103  be included in the final investigative report.
  104         6.(f) Submit in a timely fashion final reports on
  105  investigations conducted by the inspector general to the agency
  106  head, except for whistle-blower’s investigations, which shall be
  107  conducted and reported pursuant to s. 112.3189.
  108         (b)Any investigative workpapers, records, reports,
  109  reviews, inquiries, or other documentation obtained or created
  110  during or in relation to an investigation conducted pursuant to
  111  this section are confidential and exempt from s. 119.07(1) and
  112  s. 24(a), Art. I of the State Constitution until completion of
  113  such investigation or upon issuance of a final report. Upon
  114  completion of an investigation or upon issuance of a final
  115  report, the investigative workpapers, records, reports, reviews,
  116  inquiries, or other documentation obtained or created during or
  117  in relation to an investigation shall be public records to the
  118  extent that they do not include information that has been made
  119  exempt or confidential and exempt from s. 119.07(1) or s. 24(a),
  120  Art. I of the State Constitution. This paragraph is subject to
  121  the Open Government Sunset Review Act in accordance with s.
  122  119.15 and shall stand repealed on October 2, 2022, unless
  123  reviewed and saved from repeal through reenactment by the
  124  Legislature.
  125         Section 3. The Legislature finds that it is a public
  126  necessity that any audit or investigative workpapers, records,
  127  reports, reviews, inquiries, or other documentation obtained or
  128  created during or in relation to any audit or investigation
  129  conducted by the Chief Inspector General or an agency inspector
  130  general be made confidential and exempt from s. 119.07(1),
  131  Florida Statutes, and s. 24(a), Article I of the State
  132  Constitution until completion of such audit or investigation or
  133  issuance of a final report. The Legislature further finds that
  134  the public release of any such audit or investigative
  135  workpapers, records, reports, reviews, inquiries, or other
  136  documentation during an audit or investigation prior to
  137  completion of such audit or investigaton or issuance of a final
  138  report could jeopardize the overall integrity of such audit or
  139  investigation and any subsequent findings and recommendations
  140  issued by the Chief Inspector General or an agency inspector
  141  general. The exemptions from public records requirements are
  142  necessary to ensure that the Chief Inspector General and agency
  143  inspectors general are able to reasonably and effectively
  144  conduct independent and complete audits or investigations as
  145  necessary to fulfill their duties and responsibilities specified
  146  in ss. 14.32 and 20.055, Florida Statutes, respectively.
  147         Section 4. This act shall take effect on the same date that
  148  SB 1478 or similar legislation takes effect, if such legislation
  149  is adopted in the same legislative session or an extension
  150  thereof and becomes law.
  151  
  152  ================= T I T L E  A M E N D M E N T ================
  153  And the title is amended as follows:
  154         Delete everything before the enacting clause
  155  and insert:
  156                        A bill to be entitled                      
  157         An act relating to public records; amending ss. 14.32
  158         and 20.055, F.S.; providing exemptions from public
  159         records requirements for audit or investigative
  160         workpapers, records, reports, reviews, inquiries, or
  161         other documentation obtained or created during or in
  162         relation to any audit or investigation by the Chief
  163         Inspector General or an agency inspector general until
  164         completion of such audit or investigation or issuance
  165         of a final report; providing for future legislative
  166         review and repeal of the exemptions; providing a
  167         statement of public necessity; providing a contingent
  168         effective date.