| 1 | A bill to be entitled |
| 2 | An act relating to agency inspectors general; amending s. |
| 3 | 20.055, F.S.; deleting the requirement that investigations |
| 4 | and inquiries by inspectors general be free of perceived |
| 5 | impairments to their independence; requiring provision of |
| 6 | opportunity to challenge an inspector general's report; |
| 7 | requiring development of procedures to ensure compliance |
| 8 | with requirements applicable to inspector general |
| 9 | investigations; prescribing applicability; providing |
| 10 | effective dates. |
| 11 |
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| 12 | Be It Enacted by the Legislature of the State of Florida: |
| 13 |
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| 14 | Section 1. Subsection (6) of section 20.055, Florida |
| 15 | Statutes, is amended to read: |
| 16 | 20.055 Agency inspectors general.-- |
| 17 | (6)(a) In carrying out the investigative duties and |
| 18 | responsibilities specified in this section, each inspector |
| 19 | general shall initiate, conduct, supervise, and coordinate |
| 20 | investigations designed to detect, deter, prevent, and eradicate |
| 21 | fraud, waste, mismanagement, misconduct, and other abuses in |
| 22 | state government. For these purposes, each state agency shall: |
| 23 | 1.(a) Receive complaints and coordinate all activities of |
| 24 | the agency as required by the Whistle-blower's Act pursuant to |
| 25 | ss. 112.3187-112.31895. |
| 26 | 2.(b) Receive and consider the complaints which do not |
| 27 | meet the criteria for an investigation under the Whistle- |
| 28 | blower's Act and conduct, supervise, or coordinate such |
| 29 | inquiries, investigations, or reviews as the inspector general |
| 30 | deems appropriate. |
| 31 | 3.(c) Report expeditiously to the Department of Law |
| 32 | Enforcement or other law enforcement agencies, as appropriate, |
| 33 | whenever the inspector general has reasonable grounds to believe |
| 34 | there has been a violation of criminal law. |
| 35 | 4.(d) Conduct investigations and other inquiries free of |
| 36 | actual or perceived impairment to the independence of the |
| 37 | inspector general or the inspector general's office. This shall |
| 38 | include freedom from any interference with investigations and |
| 39 | timely access to records and other sources of information. |
| 40 | 5.(e) Submit in a timely fashion final reports on |
| 41 | investigations conducted by the inspector general to the agency |
| 42 | head, except for whistle-blower's investigations, which shall be |
| 43 | conducted and reported pursuant to s. 112.3189. |
| 44 | 6. Ensure a meaningful opportunity, including the right to |
| 45 | an impartial hearing, to challenge findings, conclusions, and |
| 46 | recommendations contained in a report resulting from an inquiry, |
| 47 | investigation, audit, or review before it is finalized and made |
| 48 | public in a written response to the findings, conclusions, and |
| 49 | recommendations of the inspector general's final report, which |
| 50 | response must be attached to the inspector general's final |
| 51 | report and delivered to any party requesting such report at the |
| 52 | same time the report is delivered. |
| 53 | (b) Specific procedures by which all inspectors general |
| 54 | will fully implement this subsection shall be developed by the |
| 55 | Chief Inspector General in the Executive Office of the Governor. |
| 56 | Development of initial procedures must be completed within 120 |
| 57 | days after this paragraph becomes a law, but no later than |
| 58 | September 30, 2006. |
| 59 | Section 2. This act, except for this section and paragraph |
| 60 | 20.055(6)(b), Florida Statutes, created in section 1 which shall |
| 61 | take effect upon this act becoming a law, shall take effect |
| 62 | October 1, 2006. |