Senate Bill sb2194

    Florida Senate - 2006                                  SB 2194

    By Senator Lawson





    6-1639-06

  1                      A bill to be entitled

  2         An act relating to the Office of Chief

  3         Inspector General; amending s. 14.32, F.S.;

  4         authorizing the Chief Inspector General to

  5         compel by subpoena the production of certain

  6         documents; requiring a state court of competent

  7         jurisdiction to enforce compliance with a

  8         subpoena; requiring the Chief Inspector General

  9         to develop procedures outlining requirements

10         for issuing and enforcing subpoenas; requiring

11         that procedures other than subpoenas be used to

12         obtain documents from a state agency; providing

13         an effective date.

14  

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

16  

17         Section 1.  Section 14.32, Florida Statutes, is amended

18  to read:

19         14.32  Office of Chief Inspector General.--

20         (1)  There is created in the Executive Office of the

21  Governor the Office of Chief Inspector General. The Chief

22  Inspector General shall be responsible for promoting

23  accountability, integrity, and efficiency in the agencies

24  under the jurisdiction of the Governor. The Chief Inspector

25  General shall be appointed by and serve at the pleasure of the

26  Governor.

27         (2)  The Chief Inspector General shall:

28         (a)  Initiate, supervise, and coordinate

29  investigations, recommend policies, and carry out other

30  activities designed to deter, detect, prevent, and eradicate

31  

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    Florida Senate - 2006                                  SB 2194
    6-1639-06




 1  fraud, waste, abuse, mismanagement, and misconduct in

 2  government.

 3         (b)  Investigate, upon receipt of a complaint or for

 4  cause, any administrative action of any agency, the

 5  administration of which is under the direct supervision of the

 6  Governor, regardless of the finality of the administrative

 7  action.

 8         (c)  Request such assistance and information as may be

 9  necessary for the performance of the duties of the Chief

10  Inspector General.

11         (d)  Examine the records and reports of any agency the

12  administration of which is under the direct supervision of the

13  Governor.

14         (e)  Coordinate complaint-handling activities with

15  agencies.

16         (f)  Coordinate the activities of the Whistle-blower's

17  Act pursuant to chapter 112 and maintain the whistle-blower's

18  hotline to receive complaints and information concerning the

19  possible violation of law or administrative rules,

20  mismanagement, fraud, waste, abuse of authority, malfeasance,

21  or a substantial or specific danger to the health, welfare, or

22  safety of the public.

23         (g)  Report expeditiously to and cooperate fully with

24  the Department of Law Enforcement, the Department of Legal

25  Affairs, and other law enforcement agencies when there are

26  recognizable grounds to believe that there has been a

27  violation of criminal law or that a civil action should be

28  initiated.

29         (h)  Act as liaison with outside agencies and the

30  Federal Government to promote accountability, integrity, and

31  efficiency in state government.

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    Florida Senate - 2006                                  SB 2194
    6-1639-06




 1         (i)  Act as liaison and monitor the activities of the

 2  inspectors general in the agencies under the Governor's

 3  jurisdiction.

 4         (j)  Review, evaluate, and monitor the policies,

 5  practices, and operations of the Executive Office of the

 6  Governor.

 7         (k)  Conduct special investigations and management

 8  reviews at the request of the Governor.

 9         (3)  The Chief Inspector General shall serve as the

10  inspector general for the Executive Office of the Governor.

11         (4)  Pursuant to subsections (1), (2), and (3), the

12  Chief Inspector General may compel by subpoena the production

13  of all documents, reports, answers, records, accounts, papers,

14  and other data and documentary evidence, written or

15  electronic, necessary in the performance of the functions

16  assigned by this section. If a person refuses to obey a

17  subpoena, a state court of competent jurisdiction shall

18  enforce compliance with the subpoena by order. The Chief

19  Inspector General shall develop procedures outlining

20  requirements for issuing and enforcing subpoenas. However,

21  procedures other than subpoenas shall be used to obtain

22  documents and information from a state agency.

23         Section 2.  This act shall take effect upon becoming a

24  law.

25  

26            *****************************************

27                          SENATE SUMMARY

28    Authorizes the Chief Inspector General to compel by
      subpoena the production of certain documents. Requires a
29    state court of competent jurisdiction to enforce
      compliance with a subpoena. Requires the Chief Inspector
30    General to develop procedures outlining requirements for
      issuing and enforcing subpoenas. Requires that procedures
31    other than subpoenas be used to obtain documents from a
      state agency.
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CODING: Words stricken are deletions; words underlined are additions.