HB 995

1
A bill to be entitled
2An act relating to agency inspectors general; amending s.
320.055, F.S.; deleting the requirement that investigations
4and inquiries by inspectors general be free of perceived
5impairments to their independence; requiring provision of
6opportunity to challenge an inspector general's report;
7requiring development of procedures to ensure compliance
8with requirements applicable to inspector general
9investigations; prescribing applicability; providing
10effective dates.
11
12Be It Enacted by the Legislature of the State of Florida:
13
14     Section 1.  Subsection (6) of section 20.055, Florida
15Statutes, is amended to read:
16     20.055  Agency inspectors general.--
17     (6)(a)  In carrying out the investigative duties and
18responsibilities specified in this section, each inspector
19general shall initiate, conduct, supervise, and coordinate
20investigations designed to detect, deter, prevent, and eradicate
21fraud, waste, mismanagement, misconduct, and other abuses in
22state government. For these purposes, each state agency shall:
23     1.(a)  Receive complaints and coordinate all activities of
24the agency as required by the Whistle-blower's Act pursuant to
25ss. 112.3187-112.31895.
26     2.(b)  Receive and consider the complaints which do not
27meet the criteria for an investigation under the Whistle-
28blower's Act and conduct, supervise, or coordinate such
29inquiries, investigations, or reviews as the inspector general
30deems appropriate.
31     3.(c)  Report expeditiously to the Department of Law
32Enforcement or other law enforcement agencies, as appropriate,
33whenever the inspector general has reasonable grounds to believe
34there has been a violation of criminal law.
35     4.(d)  Conduct investigations and other inquiries free of
36actual or perceived impairment to the independence of the
37inspector general or the inspector general's office. This shall
38include freedom from any interference with investigations and
39timely access to records and other sources of information.
40     5.(e)  Submit in a timely fashion final reports on
41investigations conducted by the inspector general to the agency
42head, except for whistle-blower's investigations, which shall be
43conducted and reported pursuant to s. 112.3189.
44     6.  Ensure a meaningful opportunity, including the right to
45an impartial hearing, to challenge findings, conclusions, and
46recommendations contained in a report resulting from an inquiry,
47investigation, audit, or review before it is finalized and made
48public in a written response to the findings, conclusions, and
49recommendations of the inspector general's final report, which
50response must be attached to the inspector general's final
51report and delivered to any party requesting such report at the
52same time the report is delivered.
53     (b)  Specific procedures by which all inspectors general
54will fully implement this subsection shall be developed by the
55Chief Inspector General in the Executive Office of the Governor.
56Development of initial procedures must be completed within 120
57days after this paragraph becomes a law, but no later than
58September 30, 2006.
59     Section 2.  This act, except for this section and paragraph
6020.055(6)(b), Florida Statutes, created in section 1 which shall
61take effect upon this act becoming a law, shall take effect
62October 1, 2006.


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