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: |
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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. |