Senate Bill sb2900
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Florida Senate - 2004 SB 2900
By Senator Atwater
25-1657A-04 See HB 1681
1 A bill to be entitled
2 An act relating to duties of agency inspectors
3 general; amending s. 20.055, F.S.; providing
4 that agency inspectors general rather than
5 state agencies shall have certain powers and
6 perform certain functions and duties relative
7 to specified investigations; providing that
8 agency inspectors general may access specified
9 records, data, and information of a state
10 agency and request information or assistance
11 from a state agency or any federal, state, or
12 local governmental entity; providing that
13 agency inspectors general may compel the
14 production by subpoena of specified
15 information, data, and documentary evidence
16 necessary in the performance of their
17 functions; providing for the enforcement of
18 specified subpoenas; providing that procedures
19 other than subpoenas shall be used by agency
20 inspectors general to obtain documents and
21 information from state agencies; amending s.
22 112.3189, F.S.; providing requirements with
23 respect to an employee designated by the head
24 of a state agency to receive specified
25 information under the Whistle-blower's Act;
26 providing that an agency inspector general
27 rather than an agency head shall perform
28 specified functions relative to an
29 investigation under the Whistle-blower's Act;
30 amending s. 112.31895, F.S.; revising the time
31 period during which the Florida Commission on
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Florida Senate - 2004 SB 2900
25-1657A-04 See HB 1681
1 Human Relations must review specified
2 information and make a determination with
3 respect to temporary reinstatement of an
4 employee under the Whistle-blower's Act;
5 providing an effective date.
6
7 Be It Enacted by the Legislature of the State of Florida:
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9 Section 1. Subsection (6) of section 20.055, Florida
10 Statutes, is amended to read:
11 20.055 Agency inspectors general.--
12 (6) In carrying out the investigative duties and
13 responsibilities specified in this section, each inspector
14 general shall initiate, conduct, supervise, and coordinate
15 investigations designed to detect, deter, prevent, and
16 eradicate fraud, waste, mismanagement, misconduct, and other
17 abuses in state government. For these purposes, each inspector
18 general state agency shall have the following functions,
19 powers, and duties:
20 (a) To receive complaints and coordinate all
21 activities of the agency as required by the Whistle-blower's
22 Act pursuant to ss. 112.3187-112.31895.
23 (b) To receive and consider the complaints which do
24 not meet the criteria for an investigation under the
25 Whistle-blower's Act and conduct, supervise, or coordinate
26 such inquiries, investigations, or reviews as the inspector
27 general deems appropriate.
28 (c) To report expeditiously to the Department of Law
29 Enforcement or other law enforcement agencies, as appropriate,
30 whenever the inspector general has reasonable grounds to
31 believe there has been a violation of criminal law.
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Florida Senate - 2004 SB 2900
25-1657A-04 See HB 1681
1 (d) To conduct investigations and other inquiries free
2 of actual or perceived impairment to the independence of the
3 inspector general or the inspector general's office. This
4 shall include freedom from any interference with
5 investigations and timely access to records and other sources
6 of information.
7 (e) To access any records, data, and other information
8 of a state agency he or she deems necessary to carry out his
9 or her duties and to request such information or assistance as
10 may be necessary from a state agency or from any federal,
11 state, or local governmental entity.
12 (f) May compel by subpoena the production of all
13 information, documents, reports, answers, records, accounts,
14 papers, and other data and documentary evidence necessary in
15 the performance of the functions assigned by this section,
16 which subpoena, in the case of contumacy or refusal to obey,
17 shall be enforceable by order of any appropriate state court
18 of competent jurisdiction. Provided, that procedures other
19 than subpoenas shall be used by the inspectors general to
20 obtain documents and information from state agencies.
21 (g)(e) To submit in a timely fashion final reports on
22 investigations conducted by the inspector general to the
23 agency head, except for whistle-blower's investigations, which
24 shall be conducted and reported pursuant to s. 112.3189.
25 Section 2. Subsections (1), (6), (7), and (9) of
26 section 112.3189, Florida Statutes, are amended to read:
27 112.3189 Investigative procedures upon receipt of
28 whistle-blower information from certain state employees.--
29 (1) This section only applies to the disclosure of
30 information as described in s. 112.3187(5) by an employee or
31 former employee of, or an applicant for employment with, a
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Florida Senate - 2004 SB 2900
25-1657A-04 See HB 1681
1 state agency, as the term "state agency" is defined in s.
2 216.011, to the Office of the Chief Inspector General of the
3 Executive Office of the Governor or to the agency inspector
4 general. If an agency does not have an inspector general, the
5 head of the state agency, as defined in s. 216.011, shall
6 designate an employee who meets the requirements provided in
7 s. 20.055(4) to receive information described in s.
8 112.3187(5). For purposes of this section and s. 112.3188
9 only, the employee designated by the head of the state agency
10 shall be deemed an agency inspector general.
11 (6) The agency inspector general may conduct an
12 investigation pursuant to paragraph (5)(a) only if the person
13 transmitting information to the agency inspector general is an
14 employee or former employee of, or an applicant for employment
15 with, the agency inspector general's agency. The agency
16 inspector general shall:
17 (a) Conduct an investigation with respect to the
18 information and any related matters.
19 (b) Submit to the complainant and the Chief Inspector
20 General, within 60 days after the date on which a
21 determination to conduct an investigation is made under
22 paragraph (5)(a), a final written report that sets forth the
23 agency inspector general's findings, conclusions, and
24 recommendations, except as provided under subsection (11). The
25 complainant shall be advised in writing by the agency
26 inspector general head that the complainant may submit to the
27 Chief Inspector General and agency inspector general comments
28 on the final report within 20 days of the date of the report
29 and that such comments will be attached to the final report.
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Florida Senate - 2004 SB 2900
25-1657A-04 See HB 1681
1 (7) If the Chief Inspector General decides an
2 investigation should be conducted pursuant to paragraph
3 (5)(a), the Chief Inspector General shall either:
4 (a) Promptly transmit to the appropriate head of the
5 state agency inspector general the information with respect to
6 which the determination to conduct an investigation was made,
7 and such agency inspector general head shall conduct an
8 investigation and submit to the Chief Inspector General a
9 final written report that sets forth the agency head's
10 findings, conclusions, and recommendations of the agency
11 inspector general; or
12 (b)1. Conduct an investigation with respect to the
13 information and any related matters; and
14 2. Submit to the complainant within 60 days after the
15 date on which a determination to conduct an investigation is
16 made under paragraph (5)(a), a final written report that sets
17 forth the Chief Inspector General's findings, conclusions, and
18 recommendations, except as provided under subsection (11). The
19 complainant shall be advised in writing by the Chief Inspector
20 General that the complainant may submit to the Chief Inspector
21 General comments on the final report within 20 days of the
22 date of the report and that such comments will be attached to
23 the final report.
24 (c) The Chief Inspector General may require an agency
25 inspector general head to conduct an investigation under
26 paragraph (a) only if the information was transmitted to the
27 Chief Inspector General by:
28 1. An employee or former employee of, or an applicant
29 for employment with, the agency that the information concerns;
30 or
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Florida Senate - 2004 SB 2900
25-1657A-04 See HB 1681
1 2. An employee who obtained the information in
2 connection with the performance of the employee's duties and
3 responsibilities.
4 (9)(a) A report required of the agency inspector
5 general head under paragraph (7)(a) shall be submitted to the
6 Chief Inspector General and the complainant within 60 days
7 after the agency inspector general head receives the complaint
8 from the Chief Inspector General, except as provided under
9 subsection (11). The complainant shall be advised in writing
10 by the agency inspector general head that the complainant may
11 submit to the Chief Inspector General comments on the report
12 within 20 days of the date of the report and that such
13 comments will be attached to the final report.
14 (b) Upon receiving a final report required under this
15 section, the Chief Inspector General shall review the report
16 and determine whether the report contains the information
17 required by subsection (8). If the report does not contain the
18 information required by subsection (8), the Chief Inspector
19 General shall determine why and note the reasons on an
20 addendum to the final report.
21 (c) The Chief Inspector General shall transmit any
22 final report under this section, any comments provided by the
23 complainant, and any appropriate comments or recommendations
24 by the Chief Inspector General to the Governor, to the Joint
25 Legislative Auditing Committee, to the investigating agency,
26 and to the Chief Financial Officer.
27 (d) If the Chief Inspector General does not receive
28 the report of the agency inspector general head within the
29 time prescribed in paragraph (a), the Chief Inspector General
30 may conduct the investigation in accordance with paragraph
31 (7)(b) or request that another agency inspector general
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Florida Senate - 2004 SB 2900
25-1657A-04 See HB 1681
1 conduct the investigation in accordance with subsection (6)
2 and shall report the complaint to the Governor, to the Joint
3 Legislative Auditing Committee, and to the investigating
4 agency, together with a statement noting the failure of the
5 agency inspector general head to file the required report.
6 Section 3. Paragraph (b) of subsection (3) of section
7 112.31895, Florida Statutes, is amended to read:
8 112.31895 Investigative procedures in response to
9 prohibited personnel actions.--
10 (3) CORRECTIVE ACTION AND TERMINATION OF
11 INVESTIGATION.--
12 (b) Within 30 15 days after receiving a complaint that
13 a person has been discharged from employment allegedly for
14 disclosing protected information under s. 112.3187, the
15 Florida Commission on Human Relations shall review the
16 information and determine whether temporary reinstatement is
17 appropriate under s. 112.3187(9)(f). If the Florida Commission
18 on Human Relations so determines, it shall apply for an
19 expedited order from the appropriate agency or circuit court
20 for the immediate reinstatement of the employee who has been
21 discharged subsequent to the disclosure made under s.
22 112.3187, pending the issuance of the final order on the
23 complaint.
24 Section 4. This act shall take effect upon becoming a
25 law.
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