HB 1681

1
A bill to be entitled
2An act relating to duties of agency inspectors general;
3amending s. 20.055, F.S.; providing that agency inspectors
4general rather than state agencies shall have certain
5powers and perform certain functions and duties relative
6to specified investigations; providing that agency
7inspectors general may access specified records, data, and
8information of a state agency and request information or
9assistance from a state agency or any federal, state, or
10local governmental entity; providing that agency
11inspectors general may compel the production by subpoena
12of specified information, data, and documentary evidence
13necessary in the performance of their functions; providing
14for the enforcement of specified subpoenas; providing that
15procedures other than subpoenas shall be used by agency
16inspectors general to obtain documents and information
17from state agencies; amending s. 112.3189, F.S.; providing
18requirements with respect to an employee designated by the
19head of a state agency to receive specified information
20under the Whistle-blower?s Act; providing that an agency
21inspector general rather than an agency head shall perform
22specified functions relative to an investigation under the
23Whistle-blower?s Act; amending s. 112.31895, F.S.;
24revising the time period during which the Florida
25Commission on Human Relations must review specified
26information and make a determination with respect to
27temporary reinstatement of an employee under the Whistle-
28blower?s Act; providing an effective date.
29
30Be It Enacted by the Legislature of the State of Florida:
31
32     Section 1.  Subsection (6) of section 20.055, Florida
33Statutes, is amended to read:
34     20.055  Agency inspectors general.--
35     (6)  In carrying out the investigative duties and
36responsibilities specified in this section, each inspector
37general shall initiate, conduct, supervise, and coordinate
38investigations designed to detect, deter, prevent, and eradicate
39fraud, waste, mismanagement, misconduct, and other abuses in
40state government. For these purposes, each inspector general
41state agency shall have the following functions, powers, and
42duties:
43     (a)  To receive complaints and coordinate all activities of
44the agency as required by the Whistle-blower's Act pursuant to
45ss. 112.3187-112.31895.
46     (b)  To receive and consider the complaints which do not
47meet the criteria for an investigation under the Whistle-
48blower's Act and conduct, supervise, or coordinate such
49inquiries, investigations, or reviews as the inspector general
50deems appropriate.
51     (c)  To report expeditiously to the Department of Law
52Enforcement or other law enforcement agencies, as appropriate,
53whenever the inspector general has reasonable grounds to believe
54there has been a violation of criminal law.
55     (d)  To conduct investigations and other inquiries free of
56actual or perceived impairment to the independence of the
57inspector general or the inspector general's office. This shall
58include freedom from any interference with investigations and
59timely access to records and other sources of information.
60     (e)  To access any records, data, and other information of
61a state agency he or she deems necessary to carry out his or her
62duties and to request such information or assistance as may be
63necessary from a state agency or from any federal, state, or
64local governmental entity.
65     (f)  May compel by subpoena the production of all
66information, documents, reports, answers, records, accounts,
67papers, and other data and documentary evidence necessary in the
68performance of the functions assigned by this section, which
69subpoena, in the case of contumacy or refusal to obey, shall be
70enforceable by order of any appropriate state court of competent
71jurisdiction. Provided, that procedures other than subpoenas
72shall be used by the inspectors general to obtain documents and
73information from state agencies.
74     (g)(e)  To submit in a timely fashion final reports on
75investigations conducted by the inspector general to the agency
76head, except for whistle-blower's investigations, which shall be
77conducted and reported pursuant to s. 112.3189.
78     Section 2.  Subsections (1), (6), (7), and (9) of section
79112.3189, Florida Statutes, are amended to read:
80     112.3189  Investigative procedures upon receipt of whistle-
81blower information from certain state employees.--
82     (1)  This section only applies to the disclosure of
83information as described in s. 112.3187(5) by an employee or
84former employee of, or an applicant for employment with, a state
85agency, as the term "state agency" is defined in s. 216.011, to
86the Office of the Chief Inspector General of the Executive
87Office of the Governor or to the agency inspector general. If an
88agency does not have an inspector general, the head of the state
89agency, as defined in s. 216.011, shall designate an employee
90who meets the requirements provided in s. 20.055(4) to receive
91information described in s. 112.3187(5). For purposes of this
92section and s. 112.3188 only, the employee designated by the
93head of the state agency shall be deemed an agency inspector
94general.
95     (6)  The agency inspector general may conduct an
96investigation pursuant to paragraph (5)(a) only if the person
97transmitting information to the agency inspector general is an
98employee or former employee of, or an applicant for employment
99with, the agency inspector general's agency. The agency
100inspector general shall:
101     (a)  Conduct an investigation with respect to the
102information and any related matters.
103     (b)  Submit to the complainant and the Chief Inspector
104General, within 60 days after the date on which a determination
105to conduct an investigation is made under paragraph (5)(a), a
106final written report that sets forth the agency inspector
107general's findings, conclusions, and recommendations, except as
108provided under subsection (11). The complainant shall be advised
109in writing by the agency inspector general head that the
110complainant may submit to the Chief Inspector General and agency
111inspector general comments on the final report within 20 days of
112the date of the report and that such comments will be attached
113to the final report.
114     (7)  If the Chief Inspector General decides an
115investigation should be conducted pursuant to paragraph (5)(a),
116the Chief Inspector General shall either:
117     (a)  Promptly transmit to the appropriate head of the state
118agency inspector general the information with respect to which
119the determination to conduct an investigation was made, and such
120agency inspector general head shall conduct an investigation and
121submit to the Chief Inspector General a final written report
122that sets forth the agency head's findings, conclusions, and
123recommendations of the agency inspector general; or
124     (b)1.  Conduct an investigation with respect to the
125information and any related matters; and
126     2.  Submit to the complainant within 60 days after the date
127on which a determination to conduct an investigation is made
128under paragraph (5)(a), a final written report that sets forth
129the Chief Inspector General's findings, conclusions, and
130recommendations, except as provided under subsection (11). The
131complainant shall be advised in writing by the Chief Inspector
132General that the complainant may submit to the Chief Inspector
133General comments on the final report within 20 days of the date
134of the report and that such comments will be attached to the
135final report.
136     (c)  The Chief Inspector General may require an agency
137inspector general head to conduct an investigation under
138paragraph (a) only if the information was transmitted to the
139Chief Inspector General by:
140     1.  An employee or former employee of, or an applicant for
141employment with, the agency that the information concerns; or
142     2.  An employee who obtained the information in connection
143with the performance of the employee's duties and
144responsibilities.
145     (9)(a)  A report required of the agency inspector general
146head under paragraph (7)(a) shall be submitted to the Chief
147Inspector General and the complainant within 60 days after the
148agency inspector general head receives the complaint from the
149Chief Inspector General, except as provided under subsection
150(11). The complainant shall be advised in writing by the agency
151inspector general head that the complainant may submit to the
152Chief Inspector General comments on the report within 20 days of
153the date of the report and that such comments will be attached
154to the final report.
155     (b)  Upon receiving a final report required under this
156section, the Chief Inspector General shall review the report and
157determine whether the report contains the information required
158by subsection (8). If the report does not contain the
159information required by subsection (8), the Chief Inspector
160General shall determine why and note the reasons on an addendum
161to the final report.
162     (c)  The Chief Inspector General shall transmit any final
163report under this section, any comments provided by the
164complainant, and any appropriate comments or recommendations by
165the Chief Inspector General to the Governor, to the Joint
166Legislative Auditing Committee, to the investigating agency, and
167to the Chief Financial Officer.
168     (d)  If the Chief Inspector General does not receive the
169report of the agency inspector general head within the time
170prescribed in paragraph (a), the Chief Inspector General may
171conduct the investigation in accordance with paragraph (7)(b) or
172request that another agency inspector general conduct the
173investigation in accordance with subsection (6) and shall report
174the complaint to the Governor, to the Joint Legislative Auditing
175Committee, and to the investigating agency, together with a
176statement noting the failure of the agency inspector general
177head to file the required report.
178     Section 3.  Paragraph (b) of subsection (3) of section
179112.31895, Florida Statutes, is amended to read:
180     112.31895  Investigative procedures in response to
181prohibited personnel actions.--
182     (3)  CORRECTIVE ACTION AND TERMINATION OF INVESTIGATION.--
183     (b)  Within 30 15 days after receiving a complaint that a
184person has been discharged from employment allegedly for
185disclosing protected information under s. 112.3187, the Florida
186Commission on Human Relations shall review the information and
187determine whether temporary reinstatement is appropriate under
188s. 112.3187(9)(f). If the Florida Commission on Human Relations
189so determines, it shall apply for an expedited order from the
190appropriate agency or circuit court for the immediate
191reinstatement of the employee who has been discharged subsequent
192to the disclosure made under s. 112.3187, pending the issuance
193of the final order on the complaint.
194     Section 4.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.