Senate Bill sb1632c2

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    Florida Senate - 2006                    CS for CS for SB 1632

    By the Committees on Judiciary; Governmental Oversight and
    Productivity; and Senator Bennett




    590-2477-06

  1                      A bill to be entitled

  2         An act relating to agency inspectors general;

  3         creating s. 14.325, F.S.; providing

  4         definitions; providing legislative intent;

  5         creating the Council on State Agency Inspectors

  6         General; providing for the purpose and

  7         membership of the council; providing duties and

  8         responsibilities of the council; requiring the

  9         council to hold meetings at least monthly;

10         authorizing the council to develop

11         recommendations relating to inspector general

12         investigations; providing minimum requirements

13         for the recommendations developed by the

14         council; providing administrative support for

15         the council; requiring the council to issue a

16         report on its findings; providing for repeal;

17         providing an effective date.

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

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21         Section 1.  Section 14.325, Florida Statutes, is

22  created to read:

23         14.325  Council on State Agency Inspectors General.--

24         (1)  For purposes of this section:

25         (a)  "State agency" has the same meaning as defined in

26  s. 20.055(1)(a).

27         (b)  "Council" means the Council on State Agency

28  Inspectors General, which is a council as defined in s. 20.03.

29         (2)  To enhance public trust in government and provide

30  leadership in the promotion of accountability and integrity in

31  state agencies, there is created the Council on State

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    Florida Senate - 2006                    CS for CS for SB 1632
    590-2477-06




 1  Inspectors General in the Office of Chief Inspector General

 2  within the Executive Office of the Governor.

 3         (3)  The council shall consist of five members:

 4         (a)  The Chief Inspector General, who shall serve as

 5  chair.

 6         (b)  Four inspectors general from other state agencies,

 7  appointed by the Governor or his or her designee.

 8         (4)  A member of the council may not delegate his or

 9  her membership to a designee.

10         (5)  A quorum shall consist of at least three members.

11         (6)  The council shall convene at least monthly for the

12  purpose of developing recommendations relating to the creation

13  of an independent review process for investigations and audits

14  conducted by state agency inspectors general.

15         (7)  The review process developed and recommended by

16  the council shall, at a minimum:

17         (a)  Offer entities contracting with state agencies and

18  individuals substantially affected by the findings,

19  conclusions, or recommendations a meaningful opportunity to

20  challenge in writing the findings, conclusions, and

21  recommendations contained in a state agency inspector

22  general's final report.

23         (b)  Specifically identify the entities and individuals

24  entitled to submit a response, and identify the circumstances

25  under which the entity's response must be attached to the

26  state agency inspector general's final report.

27         (c)  Provide a hearing process entitling entities

28  contracting with state agencies and individuals substantially

29  affected by the findings, conclusions, or recommendations with

30  an opportunity to present to the Chief Inspector General any

31  additional material relevant to the state agency inspector

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    Florida Senate - 2006                    CS for CS for SB 1632
    590-2477-06




 1  general's final report. The review process must permit the

 2  Chief Inspector General to independently investigate the state

 3  agency inspector general's report and the original

 4  investigation.

 5         (d)  Identify ancillary issues to be addressed,

 6  including, but not limited to, public-records concerns,

 7  special conditions for whistle-blower's investigations, and

 8  exemptions for specific categories of audits or

 9  investigations.

10         (8)  On or before January 1, 2007, the council shall

11  issue a report to the Governor, the President of the Senate,

12  and the Speaker of the House of Representatives containing its

13  recommendations and proposed state agency inspector general

14  review process. The report may contain suggested statutory

15  amendments, proposals for administrative rulemaking to be

16  implemented pursuant to s. 120.536(1) and s. 120.54, and any

17  other guidelines, procedures, and suggestions relevant to the

18  creation of a state agency inspector general review process.

19         (9)  Administrative support for the council shall be

20  provided by the Office of Chief Inspector General.

21         (10)  This section is repealed June 30, 2007.

22         Section 2.  This act shall take effect July 1, 2006.

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    Florida Senate - 2006                    CS for CS for SB 1632
    590-2477-06




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                        CS for Senate 1632

 3                                 

 4  The committee substitute makes the following changes to the
    committee substitute for the underlying bill:
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    --   Removes provision proposed by legislation that would have
 6       required an inspector general to submit preliminary
         findings and recommendations relating to the performance
 7       of a vendor or a provider under contract with an agency;

 8  --   Creates the Council on State Agency Inspectors General
         for the purpose of developing recommendations relating to
 9       the creation of an independent review process for
         investigations and audits conducted by state agency
10       inspectors general;

11  --   Provides for membership, meetings, administration, and
         recommendations of the council; and
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    --   Provides for the repeal of the council on June 30, 2007.
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