HB 1681

CS

CHAMBER ACTION

1	The Committee on Judiciary recommends the following:
2
3	Committee Substitute
4	Remove the entire bill and insert:
5
6	A bill to be entitled
7	An act relating to duties of agency inspectors general;
8	amending s. 20.055, F.S.; providing that agency inspectors
9	general rather than state agencies shall have certain
10	powers and perform certain functions and duties relative
11	to specified investigations; providing that agency
12	inspectors general may access specified records, data, and
13	information of a state agency and request information or
14	assistance from a state agency or any federal, state, or
15	local governmental entity; providing that agency
16	inspectors general may compel the production by subpoena
17	of specified information, data, and documentary evidence
18	necessary in the performance of their functions; providing
19	for the enforcement of specified subpoenas; providing that
20	procedures other than subpoenas shall be used by agency
21	inspectors general to obtain documents and information
22	from state agencies; amending s. 112.3189, F.S.; providing
23	requirements with respect to an employee designated by the
24	head of a state agency to receive specified information
25	under the Whistle-blower's Act; providing that an agency
26	inspector general rather than an agency head shall perform
27	specified functions relative to an investigation under the
28	Whistle-blower's Act; providing an effective date.
29
30	Be It Enacted by the Legislature of the State of Florida:
31
32	Section 1.  Subsection (6) of section 20.055, Florida
33	Statutes, is amended to read:
34	20.055  Agency inspectors general.--
35	(6)  In carrying out the investigative duties and
36	responsibilities specified in this section, each inspector
37	general shall initiate, conduct, supervise, and coordinate
38	investigations designed to detect, deter, prevent, and eradicate
39	fraud, waste, mismanagement, misconduct, and other abuses in
40	state government. For these purposes, each inspector general
41	state agency shall have the following functions, powers, and
42	duties:
43	(a)  To receive complaints and coordinate all activities of
44	the agency as required by the Whistle-blower's Act pursuant to
45	ss. 112.3187-112.31895.
46	(b)  To receive and consider the complaints which do not
47	meet the criteria for an investigation under the Whistle-
48	blower's Act and conduct, supervise, or coordinate such
49	inquiries, investigations, or reviews as the inspector general
50	deems appropriate.
51	(c)  To report expeditiously to the Department of Law
52	Enforcement or other law enforcement agencies, as appropriate,
53	whenever the inspector general has reasonable grounds to believe
54	there has been a violation of criminal law.
55	(d)  To conduct investigations and other inquiries free of
56	actual or perceived impairment to the independence of the
57	inspector general or the inspector general's office. This shall
58	include freedom from any interference with investigations and
59	timely access to records and other sources of information.
60	(e)  To access any records, data, and other information of
61	a state agency he or she deems necessary to carry out his or her
62	duties and to request such information or assistance as may be
63	necessary from a state agency or from any federal, state, or
64	local governmental entity.
65	(f)  May compel by subpoena the production of all
66	information, documents, reports, answers, records, accounts,
67	papers, and other data and documentary evidence necessary in the
68	performance of the functions assigned by this section, which
69	subpoena, in the case of contumacy or refusal to obey, shall be
70	enforceable by order of any appropriate state court of competent
71	jurisdiction. Provided, that procedures other than subpoenas
72	shall be used by the inspectors general to obtain documents and
73	information from state agencies.
74	(g)(e)  To submit in a timely fashion final reports on
75	investigations conducted by the inspector general to the agency
76	head, except for whistle-blower's investigations, which shall be
77	conducted and reported pursuant to s. 112.3189.
78	Section 2.  Subsections (1), (6), (7), and (9) of section
79	112.3189, Florida Statutes, are amended to read:
80	112.3189  Investigative procedures upon receipt of whistle-
81	blower information from certain state employees.--
82	(1)  This section only applies to the disclosure of
83	information as described in s. 112.3187(5) by an employee or
84	former employee of, or an applicant for employment with, a state
85	agency, as the term "state agency" is defined in s. 216.011, to
86	the Office of the Chief Inspector General of the Executive
87	Office of the Governor or to the agency inspector general. If an
88	agency does not have an inspector general, the head of the state
89	agency, as defined in s. 216.011, shall designate an employee
90	who meets the requirements provided in s. 20.055(4) to receive
91	information described in s. 112.3187(5). For purposes of this
92	section and s. 112.3188 only, the employee designated by the
93	head of the state agency shall be deemed an agency inspector
94	general.
95	(6)  The agency inspector general may conduct an
96	investigation pursuant to paragraph (5)(a) only if the person
97	transmitting information to the agency inspector general is an
98	employee or former employee of, or an applicant for employment
99	with, the agency inspector general's agency. The agency
100	inspector general shall:
101	(a)  Conduct an investigation with respect to the
102	information and any related matters.
103	(b)  Submit to the complainant and the Chief Inspector
104	General, within 60 days after the date on which a determination
105	to conduct an investigation is made under paragraph (5)(a), a
106	final written report that sets forth the agency inspector
107	general's findings, conclusions, and recommendations, except as
108	provided under subsection (11). The complainant shall be advised
109	in writing by the agency inspector general head that the
110	complainant may submit to the Chief Inspector General and agency
111	inspector general comments on the final report within 20 days of
112	the date of the report and that such comments will be attached
113	to the final report.
114	(7)  If the Chief Inspector General decides an
115	investigation should be conducted pursuant to paragraph (5)(a),
116	the Chief Inspector General shall either:
117	(a)  Promptly transmit to the appropriate head of the state
118	agency inspector general the information with respect to which
119	the determination to conduct an investigation was made, and such
120	agency inspector general head shall conduct an investigation and
121	submit to the Chief Inspector General a final written report
122	that sets forth the agency head's findings, conclusions, and
123	recommendations of the agency inspector general; or
124	(b)1.  Conduct an investigation with respect to the
125	information and any related matters; and
126	2.  Submit to the complainant within 60 days after the date
127	on which a determination to conduct an investigation is made
128	under paragraph (5)(a), a final written report that sets forth
129	the Chief Inspector General's findings, conclusions, and
130	recommendations, except as provided under subsection (11). The
131	complainant shall be advised in writing by the Chief Inspector
132	General that the complainant may submit to the Chief Inspector
133	General comments on the final report within 20 days of the date
134	of the report and that such comments will be attached to the
135	final report.
136	(c)  The Chief Inspector General may require an agency
137	inspector general head to conduct an investigation under
138	paragraph (a) only if the information was transmitted to the
139	Chief Inspector General by:
140	1.  An employee or former employee of, or an applicant for
141	employment with, the agency that the information concerns; or
142	2.  An employee who obtained the information in connection
143	with the performance of the employee's duties and
144	responsibilities.
145	(9)(a)  A report required of the agency inspector general
146	head under paragraph (7)(a) shall be submitted to the Chief
147	Inspector General and the complainant within 60 days after the
148	agency inspector general head receives the complaint from the
149	Chief Inspector General, except as provided under subsection
150	(11). The complainant shall be advised in writing by the agency
151	inspector general head that the complainant may submit to the
152	Chief Inspector General comments on the report within 20 days of
153	the date of the report and that such comments will be attached
154	to the final report.
155	(b)  Upon receiving a final report required under this
156	section, the Chief Inspector General shall review the report and
157	determine whether the report contains the information required
158	by subsection (8). If the report does not contain the
159	information required by subsection (8), the Chief Inspector
160	General shall determine why and note the reasons on an addendum
161	to the final report.
162	(c)  The Chief Inspector General shall transmit any final
163	report under this section, any comments provided by the
164	complainant, and any appropriate comments or recommendations by
165	the Chief Inspector General to the Governor, to the Joint
166	Legislative Auditing Committee, to the investigating agency, and
167	to the Chief Financial Officer.
168	(d)  If the Chief Inspector General does not receive the
169	report of the agency inspector general head within the time
170	prescribed in paragraph (a), the Chief Inspector General may
171	conduct the investigation in accordance with paragraph (7)(b) or
172	request that another agency inspector general conduct the
173	investigation in accordance with subsection (6) and shall report
174	the complaint to the Governor, to the Joint Legislative Auditing
175	Committee, and to the investigating agency, together with a
176	statement noting the failure of the agency inspector general
177	head to file the required report.
178	Section 3.  This act shall take effect upon becoming a law.

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