HB 1405

1	A bill to be entitled
2	An act relating to the Whistle-blower's Act; amending s.
3	112.3187, F.S.; revising legislative intent; defining the
4	terms "gross misconduct" and "state agency"; making
5	editorial changes; revising provisions relating to persons
6	the act protects; including additional persons who may
7	file a complaint; revising relief that must be included
8	for certain actions; providing a defense to certain
9	actions; amending s. 112.3188, F.S.; revising acts that
10	are actionable under the act; providing that the identity
11	of the complainant may be provided to the Florida
12	Commission on Human Relations; amending s. 112.3189, F.S.,
13	relating to investigative procedures upon receipt of
14	whistle-blower information from certain state employees;
15	revising applicability to include certain employees;
16	requiring the heads of state agencies to consult with the
17	Chief Inspector General on certain matters; providing that
18	the Chief Inspector General may require certain persons to
19	conduct an investigation; providing for certain duties of
20	the agency head to be performed by the inspector general;
21	revising certain reporting requirements; amending s.
22	112.31895, F.S., relating to investigative procedures in
23	response to prohibited personnel actions; conforming
24	provisions; amending s. 20.055, F.S.; conforming a cross-
25	reference; providing an effective date.
26
27	Be It Enacted by the Legislature of the State of Florida:
28
29	Section 1.  Section 112.3187, Florida Statutes, is amended
30	to read:
31	112.3187  Adverse action against employee for disclosing
32	information of specified nature prohibited; employee remedy and
33	relief.--
34	(1)  SHORT TITLE.--Sections 112.3187-112.31895 may be cited
35	as the "Whistle-blower's Act."
36	(2)  LEGISLATIVE INTENT.--It is the intent of the
37	Legislature to prevent agencies or independent contractors from
38	taking retaliatory action against an employee who reports to an
39	appropriate agency violations of law on the part of a public
40	employer or independent contractor that create a substantial and
41	specific danger to the public's health, safety, or welfare. It
42	is further the intent of the Legislature to prevent agencies or
43	independent contractors from taking retaliatory action against
44	any person who discloses information to an appropriate agency
45	alleging any act or suspected act of gross mismanagement, gross
46	misconduct improper use of governmental office, gross waste of
47	public funds, or any other abuse or gross neglect of duty on the
48	part of an agency, public officer, or employee.
49	(3)  DEFINITIONS.--As used in this act, unless otherwise
50	specified, the following words or terms shall have the meanings
51	indicated:
52	(a)  "Agency" means any state, regional, county, local, or
53	municipal government entity, whether executive, judicial, or
54	legislative; any official, officer, department, division,
55	bureau, commission, authority, or political subdivision therein;
56	or any public school, community college, or state university.
57	(b)  "Employee" means a person who performs services for,
58	and under the control and direction of, or contracts with, an
59	agency or independent contractor for wages or other
60	remuneration.
61	(c)  "Adverse personnel action" means the discharge,
62	suspension, transfer, or demotion of any employee or the
63	withholding of bonuses, the reduction in salary or benefits, or
64	any other adverse action taken against an employee within the
65	terms and conditions of employment by an agency or independent
66	contractor.
67	(d)  "Independent contractor" means a person, other than an
68	agency, engaged in any business and who enters into a contract,
69	including a provider agreement, with an agency.
70	(e)  "Gross mismanagement" means a continuous pattern of
71	managerial abuses, wrongful or arbitrary and capricious actions,
72	or fraudulent or criminal conduct which may have a substantial
73	adverse economic impact.
74	(f)  "Gross misconduct" means a willful, wanton, or
75	flagrant transgression of law or established rule which is of
76	such a degree or recurrence as to show a substantial disregard
77	of the employer's interests or the employee's duties and
78	obligations to the public.
79	(g)  "State agency" means any official, officer,
80	commission, board, authority, council, committee, or department
81	of the executive branch of state government. For purposes of
82	chapters 215 and 216, "state agency" or "agency" includes, but
83	is not limited to, state attorneys, public defenders, the
84	capital collateral regional counsels, the Justice Administrative
85	Commission, the Florida Housing Finance Corporation, and the
86	Florida Public Service Commission. Solely for the purposes of
87	implementing s. 19(h), Art. III of the State Constitution, the
88	terms "state agency" or "agency" include the judicial branch.
89	(4)  ACTIONS PROHIBITED.--
90	(a)  An agency or independent contractor shall not dismiss,
91	discipline, or take any other adverse personnel action against
92	an employee for disclosing information pursuant to the
93	provisions of this section.
94	(b)  An agency or independent contractor shall not take any
95	adverse action that affects the rights or interests of a person
96	in retaliation for the person's disclosure of information under
97	this section.
98	(c)  The provisions of this subsection shall not be
99	applicable when an employee or person discloses information
100	known, or information that reasonably should have been known, by
101	the employee or person to be false.
102	(5)  NATURE OF INFORMATION DISCLOSED.--The information
103	disclosed under this section must include:
104	(a)  Any violation or suspected violation of any federal,
105	state, or local law, rule, or regulation committed by an
106	employee or agent of an agency or independent contractor which
107	creates and presents a substantial and specific danger to the
108	public's health, safety, or welfare.
109	(b)  Any act or suspected act of gross mismanagement,
110	malfeasance, misfeasance, gross waste of public funds, suspected
111	or actual Medicaid fraud or abuse, or gross neglect of duty
112	committed by an employee or agent of an agency or independent
113	contractor.
114	(5)(6)  TO WHOM INFORMATION DISCLOSED.--The information
115	disclosed under this section must be disclosed to one of the
116	following:
117	(a)  Any agency or federal governmental government entity
118	other than those specified in paragraph (b), granted having the
119	authority to investigate, police, manage, or otherwise remedy
120	the violation or act, except that if the individual disclosing
121	the information is employed by the agency to which the
122	disclosure relates, the disclosure must be made pursuant to
123	paragraph (b), paragraph (c), or paragraph (d);, including, but
124	not limited to,
125	(b)  The Office of the Chief Inspector General, an agency
126	inspector general or the employee designated as agency inspector
127	general under s. 112.3189(1), or inspectors general under s.
128	20.055;,
129	(c)  The Florida Commission on Human Relations; or, and
130	(d)  The whistle-blower's hotline created under s.
131	112.3189.
132
133	Information disclosed to any other person shall not qualify for
134	protection under this act. However, for disclosures concerning a
135	local governmental entity, including any regional, county, or
136	municipal entity, special district, community college district,
137	or school district or any political subdivision of any of the
138	foregoing, the information must be disclosed to a chief
139	executive officer as defined in s. 447.203(9) or other
140	appropriate local official.
141	(6)  NATURE OF INFORMATION DISCLOSED.--The information
142	disclosed pursuant to subsection (5) must include one of the
143	following:
144	(a)  Any violation or reasonably suspected violation of any
145	federal, state, or local law, rule, or regulation committed by
146	an employee or agent of an agency or independent contractor
147	which creates and presents a substantial and specific danger to
148	the public's health, safety, or welfare.
149	(b)  Any act or reasonably suspected act of gross
150	mismanagement, gross misconduct, gross waste of public funds,
151	suspected or actual Medicaid fraud or abuse, or gross neglect of
152	duty committed by an employee or agent of an agency or
153	independent contractor.
154
155	Any information disclosed by an employee or former employee of
156	an independent contractor must pertain to provisions of the
157	contract between the agency and the independent contractor.
158	(7)  EMPLOYEES AND PERSONS PROTECTED.--This section
159	protects employees of a state agency or independent contractor
160	and persons who disclose information pursuant to subsections (5)
161	and (6), by one or more of the following methods:
162	(a)  On their own initiative by submitting in a written and
163	signed complaint;
164	(b)  Who are requested to participate in an investigation,
165	hearing, or other inquiry relating to this act which is being
166	conducted by any agency or federal governmental government
167	entity;
168	(c)  Who refuse to participate in any adverse action
169	prohibited by this section; or
170	(d)  Who initiate a complaint through the whistle-blower's
171	hotline and provide his or her name and contact information; or
172	the hotline of the Medicaid Fraud Control Unit of the Department
173	of Legal Affairs; or
174	(e)  Employees who file any written and signed complaint to
175	their supervisory officials; or
176	(f)  Employees who submit a written and signed complaint to
177	the Chief Inspector General in the Executive Office of the
178	Governor, to the employee designated as agency inspector general
179	under s. 112.3189(1), or to the Florida Commission on Human
180	Relations.
181
182	The provisions of this section may not be used by a person while
183	he or she is under the care, custody, or control of the state
184	correctional system or, after release from the care, custody, or
185	control of the state correctional system, with respect to
186	circumstances that occurred during any period of incarceration.
187	No remedy or other protection under ss. 112.3187-112.31895
188	applies to any person who has committed or intentionally
189	participated in committing the violation or suspected violation
190	for which protection under ss. 112.3187-112.31895 is being
191	sought.
192	(8)  REMEDIES.--
193	(a)  Any employee of or applicant for employment with any
194	state agency, or any employee of an independent contractor with
195	any state agency, as the term "state agency" is defined in s.
196	216.011, who is discharged, disciplined, or subjected to other
197	adverse personnel action, or denied employment, because he or
198	she engaged in an activity protected by this section may file a
199	complaint, which complaint must be made in accordance with s.
200	112.31895. Upon receipt of notice from the Florida Commission on
201	Human Relations of termination of the investigation, the
202	complainant may elect to pursue the administrative remedy
203	available under s. 112.31895 or bring a civil action within 180
204	days after receipt of the notice.
205	(b)  Within 60 days after the action prohibited by this
206	section, any local public employee protected by this section may
207	file a complaint with the appropriate local governmental
208	authority, if that authority has established by ordinance an
209	administrative procedure for handling such complaints or has
210	contracted with the Division of Administrative Hearings under s.
211	120.65 to conduct hearings under this section. The
212	administrative procedure created by ordinance must provide for
213	the complaint to be heard by a panel of impartial persons
214	appointed by the appropriate local governmental authority. Upon
215	hearing the complaint, the panel must make findings of fact and
216	conclusions of law for a final decision by the local
217	governmental authority. Within 180 days after entry of a final
218	decision by the local governmental authority, the public
219	employee who filed the complaint may bring a civil action in any
220	court of competent jurisdiction. If the local governmental
221	authority has not established an administrative procedure by
222	ordinance or contract, a local public employee may, within 180
223	days after the action prohibited by this section, bring a civil
224	action in a court of competent jurisdiction. For the purpose of
225	this paragraph, the term "local governmental authority" includes
226	any regional, county, or municipal entity, special district,
227	community college district, or school district or any political
228	subdivision of any of the foregoing.
229	(c)  Any other person protected by this section may, after
230	exhausting all available contractual or administrative remedies,
231	bring a civil action in any court of competent jurisdiction
232	within 180 days after the action prohibited by this section.
233	(9)  RELIEF.--In any action brought under this section, the
234	relief may must include the following:
235	(a)  Reinstatement of the employee to the same position
236	held before the adverse action was commenced, or to an
237	equivalent position or reasonable front pay as alternative
238	relief.
239	(b)  Reinstatement of the employee's full fringe benefits
240	and seniority rights, as appropriate.
241	(c)  Compensation, if appropriate, for lost wages,
242	benefits, or other lost remuneration caused by the adverse
243	action.
244	(d)  Payment of reasonable costs, including attorney's
245	fees, to a substantially prevailing employee, or to the
246	prevailing employer if the employee filed a frivolous action in
247	bad faith.
248	(e)  Issuance of an injunction, if appropriate, by a court
249	of competent jurisdiction.
250	(f)  Temporary reinstatement to the employee's former
251	position or to an equivalent position, pending the final outcome
252	on the complaint, if an employee complains of being discharged
253	in retaliation for a protected disclosure and if a court of
254	competent jurisdiction or the Florida Commission on Human
255	Relations, as applicable under s. 112.31895, determines that the
256	disclosure was not made in bad faith or for a wrongful purpose
257	or occurred after an agency's initiation of a personnel action
258	against the employee which includes documentation of the
259	employee's violation of a disciplinary standard or performance
260	deficiency. This paragraph does not apply to an employee of a
261	municipality.
262	(10)  DEFENSES.--It shall be an affirmative defense to any
263	action brought pursuant to this section that:
264	(a)  The adverse action was predicated upon grounds other
265	than, and would have been taken absent, the employee's or
266	person's exercise of rights protected by this section.
267	(b)  An employee or person discloses information known or
268	reasonably should be known by the employee or person to be
269	false.
270	(11)  EXISTING RIGHTS.--Sections 112.3187-112.31895 do not
271	diminish the rights, privileges, or remedies of an employee
272	under any other law or rule or under any collective bargaining
273	agreement or employment contract; however, the election of
274	remedies in s. 447.401 also applies to whistle-blower actions.
275	Section 2.  Section 112.3188, Florida Statutes, is amended
276	to read:
277	112.3188  Confidentiality of information given to the Chief
278	Inspector General, internal auditors, the Florida Commission on
279	Human Relations, inspectors general, local chief executive
280	officers, or other appropriate local officials.--
281	(1)  The name or identity of any individual who discloses
282	in good faith to the Chief Inspector General or an agency
283	inspector general, a local chief executive officer, or other
284	appropriate local official information that alleges that an
285	employee or agent of an agency or independent contractor:
286	(a)  Has violated or is reasonably suspected of having
287	violated any federal, state, or local law, rule, or regulation,
288	thereby creating and presenting a substantial and specific
289	danger to the public's health, safety, or welfare; or
290	(b)  Has committed an act of gross mismanagement, gross
291	misconduct malfeasance, misfeasance, gross waste of public
292	funds, or gross neglect of duty
293
294	may not be disclosed to anyone other than a member of the Chief
295	Inspector General's, agency inspector general's, internal
296	auditor's, the Florida Commission on Human Relations, local
297	chief executive officer's, or other appropriate local official's
298	staff without the written consent of the individual, unless the
299	Chief Inspector General, internal auditor, agency inspector
300	general, the Florida Commission on Human Relations, local chief
301	executive officer, or other appropriate local official
302	determines that: the disclosure of the individual's identity is
303	necessary to prevent a substantial and specific danger to the
304	public's health, safety, or welfare or to prevent the imminent
305	commission of a crime; or the disclosure is unavoidable and
306	absolutely necessary during the course of the audit, evaluation,
307	or investigation.
308	(2)(a)  Except as specifically authorized by s. 112.3189,
309	all information received by the Chief Inspector General or an
310	agency inspector general or information produced or derived from
311	fact-finding or other investigations conducted by the Florida
312	Commission on Human Relations or the Department of Law
313	Enforcement is confidential and exempt from s. 119.07(1) if the
314	information is being received or derived from allegations as set
315	forth in paragraph (1)(a) or paragraph (1)(b), and an
316	investigation is active.
317	(b)  All information received by a local chief executive
318	officer or appropriate local official or information produced or
319	derived from fact-finding or investigations conducted pursuant
320	to the administrative procedure established by ordinance by a
321	local government as authorized by s. 112.3187(8)(b) is
322	confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
323	of the State Constitution, if the information is being received
324	or derived from allegations as set forth in paragraph (1)(a) or
325	paragraph (1)(b) and an investigation is active.
326	(c)  Information deemed confidential under this section may
327	be disclosed by the Chief Inspector General, agency inspector
328	general, local chief executive officer, or other appropriate
329	local official receiving the information if the recipient
330	determines that the disclosure of the information is absolutely
331	necessary to prevent a substantial and specific danger to the
332	public's health, safety, or welfare or to prevent the imminent
333	commission of a crime. Information disclosed under this
334	subsection may be disclosed only to persons who are in a
335	position to prevent the danger to the public's health, safety,
336	or welfare or to prevent the imminent commission of a crime
337	based on the disclosed information.
338	1.  An investigation is active under this section if:
339	a.  It is an ongoing investigation or inquiry or collection
340	of information and evidence and is continuing with a reasonable,
341	good faith anticipation of resolution in the foreseeable future;
342	or
343	b.  All or a portion of the matters under investigation or
344	inquiry are active criminal intelligence information or active
345	criminal investigative information as defined in s. 119.011.
346	2.  Notwithstanding sub-subparagraph 1.a., an investigation
347	ceases to be active when:
348	a.  The written report required under s. 112.3189(9) has
349	been sent by the Chief Inspector General to the recipients named
350	in s. 112.3189(9);
351	b.  It is determined that an investigation is not necessary
352	under s. 112.3189(5); or
353	c.  A final decision has been rendered by the local
354	government or by the Division of Administrative Hearings
355	pursuant to s. 112.3187(8)(b).
356	3.  Notwithstanding paragraphs (a), (b), and this
357	paragraph, information or records received or produced under
358	this section which are otherwise confidential under law or
359	exempt from disclosure under chapter 119 retain their
360	confidentiality or exemption.
361	4.  Any person who willfully and knowingly discloses
362	information or records made confidential under this subsection
363	commits a misdemeanor of the first degree, punishable as
364	provided in s. 775.082 or s. 775.083.
365	Section 3.  Section 112.3189, Florida Statutes, is amended
366	to read:
367	112.3189  Investigative procedures upon receipt of whistle-
368	blower information from certain state and independent contractor
369	employees.--
370	(1)  This section only applies to the disclosure of
371	information as described in s. 112.3187(6)(5) by an employee or
372	former employee of, or an applicant for employment with, a state
373	agency, or by an employee or former employee of an independent
374	contractor with any state agency as the term "state agency" is
375	defined in s. 216.011, to the Office of the Chief Inspector
376	General of the Executive Office of the Governor or to the agency
377	inspector general. If an agency does not have an inspector
378	general, the head of the state agency, as defined in s. 216.011,
379	shall designate an employee, in consultation with the Chief
380	Inspector General, to receive information described in s.
381	112.3187(6)(5). For purposes of this section and s. 112.3188
382	only, the employee designated by the head of the state agency
383	shall be deemed an agency inspector general.
384	(2)  To facilitate the receipt of information described in
385	subsection (1), the Chief Inspector General shall maintain an
386	in-state toll-free whistle-blower's hotline and shall circulate
387	among the various state agencies an advisory for all employees
388	which indicates the existence of the toll-free number and its
389	purpose and provides an address to which written whistle-blower
390	information may be forwarded.
391	(3)  When a person alleges information described in s.
392	112.3187(6)(5), the Chief Inspector General or agency inspector
393	general actually receiving such information shall within 20 days
394	of receiving such information determine:
395	(a)  Whether the information disclosed is the type of
396	information described in s. 112.3187(6)(5).
397	(b)  Whether the source of the information is a person who
398	is an employee or former employee of, or an applicant for
399	employment with, a state agency or an employee or former
400	employee of an independent contractor with any state agency, as
401	defined in s. 216.011.
402	(c)  Whether the information actually disclosed
403	demonstrates reasonable cause to suspect that an employee or
404	agent of an agency or independent contractor has violated any
405	federal, state, or local law, rule, or regulation, thereby
406	creating and presenting a substantial and specific danger to the
407	public's health, safety, or welfare, or has committed an act of
408	gross mismanagement, gross misconduct malfeasance, misfeasance,
409	gross waste of public funds, or gross neglect of duty.
410	(4)  If the Chief Inspector General or agency inspector
411	general under subsection (3) determines that the information
412	disclosed is not the type of information described in s.
413	112.3187(6)(5), or that the source of the information is not a
414	person who is an employee or former employee of, or an applicant
415	for employment with, a state agency, or an employee or former
416	employee of an independent contractor with any state agency as
417	defined in s. 216.011, or that the information disclosed does
418	not demonstrate reasonable cause to suspect that an employee or
419	agent of an agency or independent contractor has violated any
420	federal, state, or local law, rule, or regulation, thereby
421	creating and presenting a substantial and specific danger to the
422	public's health, safety, or welfare, or has committed an act of
423	gross mismanagement, gross misconduct malfeasance, misfeasance,
424	gross waste of public funds, or gross neglect of duty, the Chief
425	Inspector General or agency inspector general shall notify the
426	complainant of such fact and copy and return, upon request of
427	the complainant, any documents and other materials that were
428	provided by the complainant.
429	(5)(a)  If the Chief Inspector General or agency inspector
430	general under subsection (3) determines that the information
431	disclosed is the type of information described in s.
432	112.3187(6)(5), that the source of the information is from a
433	person who is an employee or former employee of, or an applicant
434	for employment with, a state agency, or an employee or former
435	employee of an independent contractor with any state agency as
436	defined in s. 216.011, and that the information disclosed
437	demonstrates reasonable cause to suspect that an employee or
438	agent of an agency or independent contractor has violated any
439	federal, state, or local law, rule, or regulation, thereby
440	creating a substantial and specific danger to the public's
441	health, safety, or welfare, or has committed an act of gross
442	mismanagement, gross misconduct malfeasance, misfeasance, gross
443	waste of public funds, or gross neglect of duty, the Chief
444	Inspector General or agency inspector general making such
445	determination shall then conduct an investigation, unless the
446	Chief Inspector General or the agency inspector general
447	determines, within 30 days after receiving the allegations from
448	the complainant, that such investigation is unnecessary. For
449	purposes of this subsection, the Chief Inspector General or the
450	agency inspector general shall consider the following factors,
451	but is not limited to only the following factors, when deciding
452	whether the investigation is not necessary:
453	1.  The gravity of the disclosed information compared to
454	the time and expense of an investigation.
455	2.  The potential for an investigation to yield
456	recommendations that will make state government more efficient
457	and effective.
458	3.  The benefit to state government to have a final report
459	on the disclosed information.
460	4.  Whether the alleged whistle-blower information
461	primarily concerns personnel practices that may be investigated
462	under chapter 110.
463	5.  Whether another agency may be conducting an
464	investigation and whether any investigation under this section
465	could be duplicative.
466	6.  The time that has elapsed between the alleged event and
467	the disclosure of the information.
468	(b)  If the Chief Inspector General or agency inspector
469	general determines under paragraph (a) that an investigation is
470	not necessary, the Chief Inspector General or agency inspector
471	general making such determination shall:
472	1.  Copy and return, upon request of the complainant, any
473	documents and other materials provided by the individual who
474	made the disclosure.
475	2.  Inform in writing the head of the state agency for the
476	agency inspector general making the determination that the
477	investigation is not necessary and the individual who made the
478	disclosure of the specific reasons why an investigation is not
479	necessary and why the disclosure will not be further acted on
480	under this section.
481	(6)  The agency inspector general may conduct an
482	investigation pursuant to paragraph (5)(a) only if the person
483	transmitting information to the agency inspector general is an
484	employee or former employee of, or an applicant for employment
485	with, the agency inspector general's agency or is an employee or
486	former employee of the agency's independent contractor. The
487	agency inspector general shall:
488	(a)  Conduct an investigation with respect to the
489	information and any related matters.
490	(b)  Submit to the complainant and the Chief Inspector
491	General, within 60 days after the date on which a determination
492	to conduct an investigation is made under paragraph (5)(a), a
493	final written report that sets forth the agency inspector
494	general's findings, conclusions, and recommendations, except as
495	provided under subsection (11). The complainant shall be advised
496	in writing by the agency inspector general head that the
497	complainant may submit to the Chief Inspector General and agency
498	inspector general comments on the final report within 10 20 days
499	after of the date of the report and that such comments will be
500	attached to the final report.
501	(7)  If the Chief Inspector General decides an
502	investigation should be conducted pursuant to paragraph (5)(a),
503	the Chief Inspector General shall either:
504	(a)  Promptly transmit to the appropriate head of the state
505	agency inspector general the information with respect to which
506	the determination to conduct an investigation was made, and such
507	agency inspector general head shall conduct an investigation and
508	submit to the Chief Inspector General a final written report
509	that sets forth the agency inspector general's head's findings,
510	conclusions, and recommendations; or
511	(b)1.  Conduct an investigation with respect to the
512	information and any related matters; and
513	2.  Submit to the complainant within 60 days after the date
514	on which a determination to conduct an investigation is made
515	under paragraph (5)(a), a final written report that sets forth
516	the Chief Inspector General's findings, conclusions, and
517	recommendations, except as provided under subsection (11). The
518	complainant shall be advised in writing by the Chief Inspector
519	General that the complainant may submit to the Chief Inspector
520	General comments on the final report within 10 20 days after of
521	the date of the report and that such comments will be attached
522	to the final report.
523	(c)  The Chief Inspector General may require an agency
524	inspector general or the employee designated as agency inspector
525	general under subsection (1) head to conduct an investigation
526	under paragraph (a) only if the information was transmitted to
527	the Chief Inspector General by:
528	1.  An employee or former employee of, or an applicant for
529	employment with, the agency, or an employee or former employee
530	of the agency's independent contractor that the information
531	concerns; or
532	2.  An employee who obtained the information in connection
533	with the performance of the employee's duties and
534	responsibilities.
535	(8)  Final reports required under this section must be
536	reviewed and signed by the person responsible for conducting the
537	investigation (agency inspector general, employee designated as
538	agency inspector general under subsection (1) agency head, or
539	Chief Inspector General) and must include:
540	(a)  A summary of the information with respect to which the
541	investigation was initiated.
542	(b)  A description of the conduct of the investigation.
543	(c)  A summary of any evidence obtained from the
544	investigation.
545	(d)  A listing of any violation or apparent violation of
546	any law, rule, or regulation.
547	(e)  A description of any action taken or planned as a
548	result of the investigation, such as:
549	1.  A change in an agency rule, regulation, or practice.
550	2.  The restoration of an aggrieved employee.
551	3.  A disciplinary action against an employee.
552	4.  The referral to the Department of Law Enforcement of
553	any evidence of a criminal violation.
554	(9)(a)  A report required of the agency inspector general
555	head under paragraph (7)(a) shall be submitted to the Chief
556	Inspector General and the complainant within 60 days after the
557	agency inspector general head receives the complaint from the
558	Chief Inspector General, except as provided under subsection
559	(11). The complainant shall be advised in writing by the agency
560	inspector general head that the complainant may submit to the
561	Chief Inspector General comments on the report within 10 20 days
562	after of the date of the report and that such comments will be
563	attached to the final report.
564	(b)  Upon receiving a final report required under this
565	section, the Chief Inspector General shall review the report and
566	determine whether the report contains the information required
567	by subsection (8). If the report does not contain the
568	information required by subsection (8), the Chief Inspector
569	General shall determine why and note the reasons on an addendum
570	to the final report.
571	(c)  The Chief Inspector General shall transmit any final
572	report under this section, any comments provided by the
573	complainant, and any appropriate comments or recommendations by
574	the Chief Inspector General to the Governor, to the Joint
575	Legislative Auditing Committee, to the investigating agency, and
576	to the Chief Financial Officer.
577	(d)  If the Chief Inspector General does not receive the
578	report of the agency inspector general head within the time
579	prescribed in paragraph (a), the Chief Inspector General may
580	conduct the investigation in accordance with paragraph (7)(b) or
581	request that another agency inspector general conduct the
582	investigation in accordance with subsection (6) and shall report
583	the complaint to the Governor, to the Joint Legislative Auditing
584	Committee, and to the investigating agency, together with a
585	statement noting the failure of the agency inspector general
586	head to file the required report.
587	(10)  For any time period set forth in subsections (3),
588	(6), (7), and (9), such time period may be extended in writing
589	by the Chief Inspector General for good cause shown.
590	(11)  If an investigation under this section produces
591	evidence of a criminal violation, the report shall not be
592	transmitted to the complainant, and the agency head or agency
593	inspector general shall notify the Chief Inspector General and
594	the Department of Law Enforcement.
595	Section 4.  Section 112.31895, Florida Statutes, is amended
596	to read:
597	112.31895  Investigative procedures in response to
598	prohibited personnel actions.--
599	(1)(a)  If a disclosure under s. 112.3187 includes or
600	results in alleged retaliation by an employer, the employee or
601	former employee of, or applicant for employment with, a state
602	agency, or the employee or former employee of an independent
603	contractor with any state agency as defined in s. 216.011, that
604	is so affected may file a complaint alleging a prohibited
605	personnel action, which complaint must be made by filing a
606	written and signed complaint with the Office of the Chief
607	Inspector General in the Executive Office of the Governor or the
608	Florida Commission on Human Relations, no later than 60 days
609	after the prohibited personnel action.
610	(b)  Within three working days after receiving a complaint
611	under this section, the office or officer receiving the
612	complaint shall acknowledge receipt of the complaint and provide
613	copies of the complaint and any other preliminary information
614	available concerning the disclosure of information under s.
615	112.3187 to each of the other parties named in paragraph (a),
616	which parties shall each acknowledge receipt of such copies to
617	the complainant.
618	(2)  FACT FINDING.--The Florida Commission on Human
619	Relations shall:
620	(a)  Receive any allegation of a personnel action
621	prohibited by s. 112.3187, including a proposed or potential
622	action, and conduct informal fact finding regarding any
623	allegation under this section, to the extent necessary to
624	determine whether there are reasonable grounds to believe that a
625	prohibited personnel action under s. 112.3187 has occurred, is
626	occurring, or is to be taken.
627	(b)  Notify the complainant, within 15 days after receiving
628	a complaint, that the complaint has been received by the
629	commission department.
630	(c)  Within 90 days after receiving the complaint, provide
631	the agency head, agency inspector general, or, if applicable,
632	the independent contractor, and the complainant with a fact-
633	finding report that may include recommendations to the parties
634	or proposed resolution of the complaint. The fact-finding report
635	shall be presumed admissible in any subsequent or related
636	administrative or judicial review.
637	(3)  CORRECTIVE ACTION AND TERMINATION OF INVESTIGATION.--
638	(a)  The Florida Commission on Human Relations, in
639	accordance with this act and for the sole purpose of this act,
640	is empowered to:
641	1.  Receive and investigate complaints from employees
642	alleging retaliation by state agencies or from employees of
643	independent contractors with any state agency, as the term
644	"state agency" is defined in s. 216.011.
645	2.  Protect employees and applicants for employment with
646	such state agencies or employees of such independent contractors
647	from prohibited personnel practices under s. 112.3187.
648	3.  Petition for stays and petition for corrective actions,
649	including, but not limited to, temporary reinstatement.
650	4.  Recommend disciplinary proceedings pursuant to
651	investigation and appropriate agency rules and procedures.
652	5.  Coordinate with the Chief Inspector General in the
653	Executive Office of the Governor and the Florida Commission on
654	Human Relations to receive, review, and forward to appropriate
655	agencies, legislative entities, or the Department of Law
656	Enforcement disclosures of a violation of any law, rule, or
657	regulation, or disclosures of gross mismanagement, gross
658	misconduct malfeasance, misfeasance, nonfeasance, neglect of
659	duty, or gross waste of public funds.
660	6.  Review rules pertaining to personnel matters issued or
661	proposed by the Department of Management Services, the Public
662	Employees Relations Commission, and other agencies, and, if the
663	Florida Commission on Human Relations finds that any rule or
664	proposed rule, on its face or as implemented, requires the
665	commission of a prohibited personnel practice, provide a written
666	comment to the appropriate agency.
667	7.  Investigate, request assistance from other governmental
668	entities, and, if appropriate, bring actions concerning,
669	allegations of retaliation by state agencies or independent
670	contractors of state agencies under subparagraph 1.
671	8.  Administer oaths, examine witnesses, take statements,
672	issue subpoenas, order the taking of depositions, order
673	responses to written interrogatories, and make appropriate
674	motions to limit discovery, pursuant to investigations under
675	subparagraph 1.
676	9.  Intervene or otherwise participate, as a matter of
677	right, in any appeal or other proceeding arising under this
678	section before the Public Employees Relations Commission or any
679	other appropriate agency, except that the Florida Commission on
680	Human Relations must comply with the rules of the commission or
681	other agency and may not seek corrective action or intervene in
682	an appeal or other proceeding without the consent of the person
683	protected under ss. 112.3187-112.31895.
684	10.  Conduct an investigation, in the absence of an
685	allegation, to determine whether reasonable grounds exist to
686	believe that a prohibited action or a pattern of prohibited
687	action has occurred, is occurring, or is to be taken.
688	(b)  Within 15 days after receiving a complaint that a
689	person has been discharged from employment allegedly for
690	disclosing protected information under s. 112.3187, the Florida
691	Commission on Human Relations shall review the information and
692	determine whether temporary reinstatement is appropriate under
693	s. 112.3187(9)(f). If the Florida Commission on Human Relations
694	so determines, it shall apply for an expedited order from the
695	appropriate agency or circuit court for the immediate
696	reinstatement of the employee who has been discharged subsequent
697	to the disclosure made under s. 112.3187, pending the issuance
698	of the final order on the complaint.
699	(c)  The Florida Commission on Human Relations shall notify
700	a complainant of the status of the investigation and any action
701	taken at such times as the commission considers appropriate.
702	(d)  If the Florida Commission on Human Relations is unable
703	to conciliate a complaint within 60 days after receipt of the
704	fact-finding report, the Florida Commission on Human Relations
705	shall terminate the investigation. Upon termination of any
706	investigation, the Florida Commission on Human Relations shall
707	notify the complainant and the agency head, agency inspector
708	general, and, if applicable, the independent contractor of the
709	termination of the investigation, providing a summary of
710	relevant facts found during the investigation and the reasons
711	for terminating the investigation. A written statement under
712	this paragraph is presumed admissible as evidence in any
713	judicial or administrative proceeding but is not admissible
714	without the consent of the complainant.
715	(e)1.  The Florida Commission on Human Relations may
716	request an agency, independent contractor, or circuit court to
717	order a stay, on such terms as the court requires, of any
718	personnel action for 45 days if the Florida Commission on Human
719	Relations determines that reasonable grounds exist to believe
720	that a prohibited personnel action has occurred, is occurring,
721	or is to be taken. The Florida Commission on Human Relations may
722	request that such stay be extended for appropriate periods of
723	time.
724	2.  If, in connection with any investigation, the Florida
725	Commission on Human Relations determines that reasonable grounds
726	exist to believe that a prohibited action has occurred, is
727	occurring, or is to be taken which requires corrective action,
728	the Florida Commission on Human Relations shall report the
729	determination together with any findings or recommendations to
730	the agency head, agency inspector general, and, if applicable,
731	the independent contractor and may report that determination and
732	those findings and recommendations to the Governor and the Chief
733	Financial Officer. The Florida Commission on Human Relations may
734	include in the report recommendations for corrective action to
735	be taken.
736	3.  If, after 20 days, the agency does not implement the
737	recommended action, the Florida Commission on Human Relations
738	shall terminate the investigation and notify the complainant of
739	the right to appeal under subsection (4), or may petition the
740	agency or independent contractor for corrective action under
741	this subsection.
742	4.  If the Florida Commission on Human Relations finds, in
743	consultation with the individual subject to the prohibited
744	action, that the agency or independent contractor has
745	implemented the corrective action, the commission shall file
746	such finding with the agency head, agency inspector general,
747	and, if applicable, independent contractor, together with any
748	written comments that the individual provides, and terminate the
749	investigation.
750	(f)  If the Florida Commission on Human Relations finds
751	that there are no reasonable grounds to believe that a
752	prohibited personnel action has occurred, is occurring, or is to
753	be taken, the commission shall terminate the investigation.
754	(g)1.  If, in connection with any investigation under this
755	section, it is determined that reasonable grounds exist to
756	believe that a criminal violation has occurred which has not
757	been previously reported, the Florida Commission on Human
758	Relations shall report this determination to the Department of
759	Law Enforcement and to the state attorney having jurisdiction
760	over the matter.
761	2.  If an alleged criminal violation has been reported, the
762	Florida Commission on Human Relations shall confer with the
763	Department of Law Enforcement and the state attorney before
764	proceeding with the investigation of the prohibited personnel
765	action and may defer the investigation pending completion of the
766	criminal investigation and proceedings. The Florida Commission
767	on Human Relations shall inform the complainant of the decision
768	to defer the investigation and, if appropriate, of the
769	confidentiality of the investigation.
770	(h)  If, in connection with any investigation under this
771	section, the Florida Commission on Human Relations determines
772	that reasonable grounds exist to believe that a violation of a
773	law, rule, or regulation has occurred, other than a criminal
774	violation or a prohibited action under this section, the
775	commission may report such violation to the head of the agency,
776	agency inspector general, and, if applicable, the independent
777	contractor involved. Within 30 days after the agency receives
778	the report, the agency head, agency inspector general, and, if
779	applicable, the independent contractor head shall provide to the
780	commission a certification that states that the head of the
781	agency or independent contractor has personally reviewed the
782	report and indicates what action has been or is to be taken and
783	when the action will be completed.
784	(i)  During any investigation under this section,
785	disciplinary action may not be taken against any employee of a
786	state agency, or employee of an independent contractor of a
787	state agency as the term "state agency" is defined in s.
788	216.011, for reporting an alleged prohibited personnel action
789	that is under investigation, or for reporting any related
790	activity, or against any employee for participating in an
791	investigation without notifying the Florida Commission on Human
792	Relations.
793	(j)  The Florida Commission on Human Relations may also
794	petition for an award of reasonable attorney's fees and expenses
795	from a state agency, or from an independent contractor of a
796	state agency as the term "state agency" is defined in s.
797	216.011, pursuant to s. 112.3187(9).
798	(4)  RIGHT TO APPEAL.--
799	(a)  Not more than 60 days after receipt of a notice of
800	termination of the investigation from the Florida Commission on
801	Human Relations, the complainant may file, with the Public
802	Employees Relations Commission, a complaint against the
803	employer-agency regarding the alleged prohibited personnel
804	action. The Public Employees Relations Commission shall have
805	jurisdiction over such complaints under ss. 112.3187 and
806	447.503(4) and (5).
807	(b)  Judicial review of any final order of the commission
808	shall be as provided in s. 120.68.
809	Section 5.  Paragraph (b) of subsection (5) of section
810	20.055, Florida Statutes, is amended to read:
811	20.055  Agency inspectors general.--
812	(5)  In carrying out the auditing duties and
813	responsibilities of this act, each inspector general shall
814	review and evaluate internal controls necessary to ensure the
815	fiscal accountability of the state agency. The inspector general
816	shall conduct financial, compliance, electronic data processing,
817	and performance audits of the agency and prepare audit reports
818	of his or her findings. The scope and assignment of the audits
819	shall be determined by the inspector general; however, the
820	agency head may at any time direct the inspector general to
821	perform an audit of a special program, function, or
822	organizational unit. The performance of the audit shall be under
823	the direction of the inspector general, except that if the
824	inspector general does not possess the qualifications specified
825	in subsection (4), the director of auditing shall perform the
826	functions listed in this subsection.
827	(b)  Audit workpapers and reports shall be public records
828	to the extent that they do not include information which has
829	been made confidential and exempt from the provisions of s.
830	119.07(1) pursuant to law. However, when the inspector general
831	or a member of the staff receives from an individual a complaint
832	or information that falls within the definition provided in s.
833	112.3187(6)(5), the name or identity of the individual shall not
834	be disclosed to anyone else without the written consent of the
835	individual, unless the inspector general determines that such
836	disclosure is unavoidable during the course of the audit or
837	investigation.
838	Section 6.  This act shall take effect July 1, 2006.

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