Senate Bill sb1632

    Florida Senate - 2006                                  SB 1632

    By Senator Bennett





    21-450C-06

  1                      A bill to be entitled

  2         An act relating to agency inspectors general;

  3         amending s. 20.055, F.S.; deleting the

  4         requirement that investigations and inquiries

  5         by inspectors general be free of perceived

  6         impairments to their independence; requiring

  7         provision of opportunity to challenge an

  8         inspector general's report; requiring

  9         development of procedures to ensure compliance

10         with requirements applicable to inspector

11         general investigations; prescribing

12         applicability; providing effective dates.

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14  Be It Enacted by the Legislature of the State of Florida:

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16         Section 1.  Subsection (6) of section 20.055, Florida

17  Statutes, is amended to read:

18         20.055  Agency inspectors general.--

19         (6)(a)  In carrying out the investigative duties and

20  responsibilities specified in this section, each inspector

21  general shall initiate, conduct, supervise, and coordinate

22  investigations designed to detect, deter, prevent, and

23  eradicate fraud, waste, mismanagement, misconduct, and other

24  abuses in state government. For these purposes, each state

25  agency shall:

26         1.(a)  Receive complaints and coordinate all activities

27  of the agency as required by the Whistle-blower's Act pursuant

28  to ss. 112.3187-112.31895.

29         2.(b)  Receive and consider the complaints which do not

30  meet the criteria for an investigation under the

31  Whistle-blower's Act and conduct, supervise, or coordinate

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    Florida Senate - 2006                                  SB 1632
    21-450C-06




 1  such inquiries, investigations, or reviews as the inspector

 2  general deems appropriate.

 3         3.(c)  Report expeditiously to the Department of Law

 4  Enforcement or other law enforcement agencies, as appropriate,

 5  whenever the inspector general has reasonable grounds to

 6  believe there has been a violation of criminal law.

 7         4.(d)  Conduct investigations and other inquiries free

 8  of actual or perceived impairment to the independence of the

 9  inspector general or the inspector general's office. This

10  shall include freedom from any interference with

11  investigations and timely access to records and other sources

12  of information.

13         5.(e)  Submit in a timely fashion final reports on

14  investigations conducted by the inspector general to the

15  agency head, except for whistle-blower's investigations, which

16  shall be conducted and reported pursuant to s. 112.3189.

17         6.  Ensure a meaningful opportunity, including the

18  right to an impartial hearing, to challenge findings,

19  conclusions, and recommendations contained in a report

20  resulting from an inquiry, investigation, audit, or review

21  before it is finalized and made public in a written response

22  to the findings, conclusions, and recommendations of the

23  inspector general's final report, which response must be

24  attached to the inspector general's final report and delivered

25  to any party requesting such report at the same time the

26  report is delivered.

27         (b)  Specific procedures by which all inspectors

28  general will fully implement this subsection shall be

29  developed by the Chief Inspector General in the Executive

30  Office of the Governor. Development of initial procedures must

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    Florida Senate - 2006                                  SB 1632
    21-450C-06




 1  be completed within 120 days after this paragraph becomes a

 2  law, but no later than September 30, 2006.

 3         Section 2.  This act, except for this section and

 4  paragraph 20.055(6)(b), Florida Statutes, created in section 1

 5  which shall take effect upon this act becoming a law, shall

 6  take effect October 1, 2006.

 7  

 8            *****************************************

 9                          SENATE SUMMARY

10    Deletes a requirement that a state agency inspector
      general's investigations and inquiries be free of
11    perceived impairment of independence. Requires that state
      agencies ensure opportunity to challenge an inspector
12    general's inquiry, investigation, audit, or review of an
      agency or individual. Provides for development of
13    procedures to ensure compliance with requirements
      applicable to inspector general investigations.
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CODING: Words stricken are deletions; words underlined are additions.