Florida Senate - 2017                                    SB 1480
       
       
        
       By Senator Baxley
       
       
       
       
       
       12-01484-17                                           20171480__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s. 20.055,
    3         F.S.; providing an exemption from public records
    4         requirements for audit workpapers, records, reports,
    5         or other documentation obtained or created during or
    6         in relation to an active audit or investigation by an
    7         agency inspector general until completion of such
    8         audit or investigation or issuance of a final report;
    9         providing for future legislative review and repeal of
   10         the exemption; providing a statement of public
   11         necessity; providing a contingent effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Paragraph (b) of subsection (6) of section
   16  20.055, Florida Statutes, is amended to read:
   17         20.055 Agency inspectors general.—
   18         (6) In carrying out the auditing duties and
   19  responsibilities of this act, each inspector general shall
   20  review and evaluate internal controls necessary to ensure the
   21  fiscal accountability of the state agency. The inspector general
   22  shall conduct financial, compliance, electronic data processing,
   23  and performance audits of the agency and prepare audit reports
   24  of his or her findings. The scope and assignment of the audits
   25  shall be determined by the inspector general; however, the
   26  agency head may at any time request the inspector general to
   27  perform an audit of a special program, function, or
   28  organizational unit. The performance of the audit shall be under
   29  the direction of the inspector general, except that if the
   30  inspector general does not possess the qualifications specified
   31  in subsection (4), the director of auditing shall perform the
   32  functions listed in this subsection.
   33         (b) Any audit workpapers, records, reports, or other
   34  documentation obtained or created during or in relation to an
   35  active audit or investigation conducted pursuant to this section
   36  are confidential and exempt from s. 119.07(1) and s. 24(a), Art.
   37  I of the State Constitution until completion of such audit or
   38  investigation or issuance of a final report. Upon completion of
   39  an audit or investigation or issuance of a final report, such
   40  audit workpapers, records, and reports, or other documentation
   41  shall be public records to the extent that they do not include
   42  information which has been made confidential and exempt from the
   43  provisions of s. 119.07(1) pursuant to law. However, When the
   44  inspector general or a member of the staff receives from an
   45  individual a complaint or information that falls within the
   46  definition provided in s. 112.3187(5), the name or identity of
   47  the individual may not be disclosed to anyone else without the
   48  written consent of the individual, unless the inspector general
   49  determines that such disclosure is unavoidable during the course
   50  of an active the audit or investigation. This paragraph is
   51  subject to the Open Government Sunset Review Act in accordance
   52  with s. 119.15 and shall stand repealed on October 2, 2022,
   53  unless reviewed and saved from repeal through reenactment by the
   54  Legislature.
   55         Section 2. The Legislature finds that it is a public
   56  necessity that any audit workpapers, records, reports, or other
   57  documentation obtained or created during or in relation to an
   58  active audit or investigation conducted by an agency inspector
   59  general be made confidential and exempt from s. 119.07(1),
   60  Florida Statutes, and s. 24(a), Article I of the State
   61  Constitution. The Legislature further finds that the public
   62  release of such audit workpapers, records, reports, or other
   63  documentation during an active audit or investigation could
   64  jeopardize the overall integrity of such audit or investigation
   65  and any subsequent findings and recommendations issued by an
   66  agency inspector general. The exemption from public records
   67  requirements is necessary to ensure that agency inspectors
   68  general are able to reasonably and effectively conduct
   69  independent and complete audits or investigations as necessary
   70  to fulfill their duties and responsibilities specified in s.
   71  20.055, Florida Statutes.
   72         Section 3. This act shall take effect on the same date that
   73  SB ____ or similar legislation takes effect, if such legislation
   74  is adopted in the same legislative session or an extension
   75  thereof and becomes law.