HB 1691

1	A bill to be entitled
2	An act relating to public records exemptions; amending s.
3	20.055, F.S.; creating a public records exemption for
4	audit workpapers and reports of an agency inspector
5	general; providing for expiration of the exemption;
6	providing for future review and repeal; creating a public
7	records exemption for investigative workpapers and reports
8	of an agency inspector general; providing for expiration
9	of the exemption; providing for future review and repeal;
10	providing a statement of public necessity; providing an
11	effective date.
12
13	Be It Enacted by the Legislature of the State of Florida:
14
15	Section 1.  Paragraph (b) of subsection (5) and subsection
16	(6) of section 20.055, Florida Statutes, are amended to read:
17	20.055  Agency inspectors general.--
18	(5)  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 direct 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)1.  Audit workpapers and reports are exempt from s.
34	119.07(1) and s. 24(a), Art. I of the State Constitution, until
35	the audit is complete and the report becomes final, to the
36	extent that such workpapers and reports do not include
37	information which has otherwise been made confidential and
38	exempt from s. 119.07(1) and s. 24(a), Art. I of the State
39	Constitution shall be public records to the extent that they do
40	not include information which has been made confidential and
41	exempt from the provisions of s. 119.07(1) pursuant to law.
42	However, when the inspector general or a member of the staff
43	receives from an individual a complaint or information that
44	falls within the definition provided in s. 112.3187(5), the name
45	or identity of the individual shall not be disclosed to anyone
46	else without the written consent of the individual, unless the
47	inspector general determines that such disclosure is unavoidable
48	during the course of the audit or investigation.
49	2.  Subparagraph 1. is subject to the Open Government
50	Sunset Review Act of 1995 in accordance with s. 119.15 and shall
51	stand repealed on October 2, 2009, unless reviewed and saved
52	from repeal through reenactment by the Legislature.
53	(6)  In carrying out the investigative duties and
54	responsibilities specified in this section, each inspector
55	general shall initiate, conduct, supervise, and coordinate
56	investigations designed to detect, deter, prevent, and eradicate
57	fraud, waste, mismanagement, misconduct, and other abuses in
58	state government. For these purposes, each inspector general
59	state agency shall:
60	(a)  Receive complaints and coordinate all activities of
61	the agency as required by the Whistle-blower's Act pursuant to
62	ss. 112.3187-112.31895.
63	(b)  Receive and consider the complaints which do not meet
64	the criteria for an investigation under the Whistle-blower's Act
65	and conduct, supervise, or coordinate such inquiries,
66	investigations, or reviews as the inspector general deems
67	appropriate.
68	(c)  Report expeditiously to the Department of Law
69	Enforcement or other law enforcement agencies, as appropriate,
70	whenever the inspector general has reasonable grounds to believe
71	there has been a violation of criminal law.
72	(d)  Conduct investigations and other inquiries free of
73	actual or perceived impairment to the independence of the
74	inspector general or the inspector general's office. This shall
75	include freedom from any interference with investigations and
76	timely access to records and other sources of information.
77	(e)  Submit in a timely fashion final reports on
78	investigations conducted by the inspector general to the agency
79	head, except for whistle-blower's investigations, which shall be
80	conducted and reported pursuant to s. 112.3189.
81	(f)1.  Have his or her investigative workpapers and reports
82	exempt from s. 119.07(1) and s. 24(a), Art. I of the State
83	Constitution, until the investigation is complete and the report
84	becomes final, to the extent that such workpapers and reports do
85	not include information which has otherwise been made
86	confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
87	of the State Constitution. However, when the inspector general
88	or a member of the staff receives from an individual a complaint
89	or information that falls within the definition provided in s.
90	112.3187(5), the name or identity of the individual shall not be
91	disclosed to anyone else without the written consent of the
92	individual, unless the inspector general determines that such
93	disclosure is unavoidable during the course of the
94	investigation.
95	2.  Subparagraph 1. is subject to the Open Government
96	Sunset Review Act of 1995 in accordance with s. 119.15 and shall
97	stand repealed on October 2, 2009, unless reviewed and saved
98	from repeal through reenactment by the Legislature.
99	Section 2.  The Legislature finds that it is a public
100	necessity to exempt audit and investigative workpapers and
101	reports of agency inspectors general until an audit or
102	investigation is complete and the report final. Such exempt
103	information is, by its nature, incomplete and could be
104	misleading. Release of inaccurate or incomplete information
105	could be detrimental to the agencies audited or investigated.
106	Inspectors general need privacy of work product until the audit
107	or investigation is complete and the report is final.  Premature
108	release of such information could pose a high risk of misleading
109	information being made public. Such release could unduly damage
110	the reputations of individuals and organizations identified as
111	the subjects of the audit or investigation. The audit and
112	investigative work process should be protected until completed
113	in order to include all relevant information upon which sound
114	decisions can be made. Furthermore, disclosure of such
115	information would impair the ability of an inspector general to
116	gather information he or she needs to complete audits and
117	investigations because persons who would otherwise provide
118	confidential information could be unwilling to do so, thereby
119	hindering the effective and efficient administration of a
120	government program.
121	Section 3.  This act shall take effect on the same date
122	that HB 1681 or similar legislation takes effect, if such
123	legislation is adopted in the same legislative session or an
124	extension thereof and becomes law.

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