| 1 | A bill to be entitled |
| 2 | An act relating to agency inspectors general; amending s. |
| 3 | 20.055, F.S.; providing definitions; requiring agency |
| 4 | inspectors general to comply with certain principles and |
| 5 | standards; requiring an inspector general to submit |
| 6 | findings of an audit to specified persons or entities; |
| 7 | requiring agencies under the Governor to notify the Chief |
| 8 | Inspector General of inspector general appointments and |
| 9 | terminations; prohibiting agency staff from preventing or |
| 10 | prohibiting the inspector general from initiating, |
| 11 | carrying out, or completing any audit or investigation; |
| 12 | requiring audits to be conducted in accordance with the |
| 13 | current International Standards for the Professional |
| 14 | Practice of Internal Auditing; requiring the inspector |
| 15 | general of each state agency to report certain written |
| 16 | complaints to the Chief Inspector General; requiring the |
| 17 | Chief Inspector General to fulfill certain duties and |
| 18 | responsibilities; requiring a state agency to reimburse |
| 19 | legal fees and costs that are incurred by certain |
| 20 | individuals and entities under certain conditions; |
| 21 | providing an effective date. |
| 22 |
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| 23 | Be It Enacted by the Legislature of the State of Florida: |
| 24 |
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| 25 | Section 1. Section 20.055, Florida Statutes, is amended to |
| 26 | read: |
| 27 | 20.055 Agency inspectors general.-- |
| 28 | (1) For the purposes of this section: |
| 29 | (a) "State agency" means each department created pursuant |
| 30 | to this chapter, and also includes the Executive Office of the |
| 31 | Governor, the Department of Military Affairs, the Fish and |
| 32 | Wildlife Conservation Commission, the Office of Insurance |
| 33 | Regulation of the Financial Services Commission, the Office of |
| 34 | Financial Regulation of the Financial Services Commission, the |
| 35 | Public Service Commission, and the state courts system. |
| 36 | (b) "Agency head" means a public official such as the |
| 37 | Governor, a Cabinet officer, a secretary as defined in s. |
| 38 | 20.03(5), or an executive director as defined in s. 20.03(6). It |
| 39 | also includes the chair of the Public Service Commission, the |
| 40 | Director of the Office of Insurance Regulation of the Financial |
| 41 | Services Commission, the Director of the Office of Financial |
| 42 | Regulation of the Financial Services Commission, and the Chief |
| 43 | Justice of the State Supreme Court. The term does not include |
| 44 | the head of, or an officer of, a private entity operating as a |
| 45 | for-profit or not-for-profit entity. |
| 46 | (c) "Individuals substantially affected" means natural |
| 47 | persons who have established a real and sufficiently immediate |
| 48 | injury in fact due to the findings, conclusions, or |
| 49 | recommendations of a final report of a state agency inspector |
| 50 | general, who are the subject of the audit or investigation, and |
| 51 | who do not have or are not currently afforded an existing right |
| 52 | to an independent review process. Employees of the state, |
| 53 | including career service, probationary, other personal service, |
| 54 | Selected Exempt Service, and Senior Management Service |
| 55 | employees, are not covered by this definition. This definition |
| 56 | also does not cover former employees of the state if the final |
| 57 | report of the state agency inspector general relates to matters |
| 58 | arising during the former employee's term of state employment. |
| 59 | (d) "Entities contracting with the state" means for-profit |
| 60 | and not-for-profit organizations or businesses having a legal |
| 61 | existence, such as corporations or partnerships, as opposed to |
| 62 | natural persons, that have entered into a relationship with a |
| 63 | state agency as defined in paragraph (a) to provide for |
| 64 | consideration certain goods or services to the state agency or |
| 65 | on behalf of the state agency. The relationship may be evidenced |
| 66 | by payment by warrant or purchasing card, contract, purchase |
| 67 | order, provider agreement, or other such mutually agreed upon |
| 68 | relationship. |
| 69 | (e) "Additional material relevant" means evidence |
| 70 | submitted to the state agency inspector general prior to release |
| 71 | of the final report that likely would have affected the |
| 72 | investigative findings. Such evidence is not merely cumulative |
| 73 | of evidence considered by the state agency inspector general |
| 74 | and, to be relevant, must tend to prove or disprove the matters |
| 75 | at issue in the investigation. Newly discovered evidence may be |
| 76 | considered if it was discovered subsequent to the agency |
| 77 | inspector general's final report, and the agency inspector |
| 78 | general has affirmatively refused to reopen the investigation |
| 79 | despite such evidence. Such evidence shall not have been |
| 80 | withheld from the state agency inspector general during the |
| 81 | original investigation. |
| 82 | (f) "Original investigation" means an official |
| 83 | investigative review by a state agency inspector general of |
| 84 | information relative to suspected violations of any law, rule, |
| 85 | or agency policy resulting in written findings. |
| 86 | (2) The Office of Inspector General is hereby established |
| 87 | in each state agency to provide a central point for coordination |
| 88 | of and responsibility for activities that promote |
| 89 | accountability, integrity, and efficiency in government. It |
| 90 | shall be the duty and responsibility of each inspector general, |
| 91 | with respect to the state agency in which the office is |
| 92 | established, to: |
| 93 | (a) Advise in the development of performance measures, |
| 94 | standards, and procedures for the evaluation of state agency |
| 95 | programs. |
| 96 | (b) Assess the reliability and validity of the information |
| 97 | provided by the state agency on performance measures and |
| 98 | standards, and make recommendations for improvement, if |
| 99 | necessary, prior to submission of those measures and standards |
| 100 | to the Executive Office of the Governor pursuant to s. |
| 101 | 216.0166(1). |
| 102 | (c) Review the actions taken by the state agency to |
| 103 | improve program performance and meet program standards and make |
| 104 | recommendations for improvement, if necessary. |
| 105 | (d) Provide direction for, supervise, and coordinate |
| 106 | audits, investigations, and management reviews relating to the |
| 107 | programs and operations of the state agency, except that when |
| 108 | the inspector general does not possess the qualifications |
| 109 | specified in subsection (4), the director of auditing shall |
| 110 | conduct such audits. |
| 111 | (e) Conduct, supervise, or coordinate other activities |
| 112 | carried out or financed by that state agency for the purpose of |
| 113 | promoting economy and efficiency in the administration of, or |
| 114 | preventing and detecting fraud and abuse in, its programs and |
| 115 | operations. |
| 116 | (f) Keep such agency head informed concerning fraud, |
| 117 | abuses, and deficiencies relating to programs and operations |
| 118 | administered or financed by the state agency, recommend |
| 119 | corrective action concerning fraud, abuses, and deficiencies, |
| 120 | and report on the progress made in implementing corrective |
| 121 | action. |
| 122 | (g) Ensure effective coordination and cooperation between |
| 123 | the Auditor General, federal auditors, and other governmental |
| 124 | bodies with a view toward avoiding duplication. |
| 125 | (h) Review, as appropriate, rules relating to the programs |
| 126 | and operations of such state agency and make recommendations |
| 127 | concerning their impact. |
| 128 | (i) Ensure that an appropriate balance is maintained |
| 129 | between audit, investigative, and other accountability |
| 130 | activities. |
| 131 | (j) Comply with the General Principles and Standards for |
| 132 | Offices of Inspector General as published and revised by the |
| 133 | Association of Inspectors General. |
| 134 | (3)(a) The inspector general shall be appointed by the |
| 135 | agency head. For agencies under the direction of the Governor, |
| 136 | the appointment shall be made after notifying the Governor and |
| 137 | the Chief Inspector General in writing, at least 7 days prior to |
| 138 | an offer of employment, of the agency head's intention to hire |
| 139 | the inspector general. |
| 140 | (b) Each inspector general shall report to and be under |
| 141 | the general supervision of the agency head and shall not be |
| 142 | subject to supervision by any other employee of the state |
| 143 | agency. The inspector general shall be appointed without regard |
| 144 | to political affiliation. |
| 145 | (c) An inspector general may be removed from office by the |
| 146 | agency head. For agencies under the direction of the Governor, |
| 147 | the agency head shall notify the Governor and the Chief |
| 148 | Inspector General, in writing, of the intention to terminate the |
| 149 | inspector general at least 7 days prior to the removal. For |
| 150 | state agencies under the direction of the Governor and Cabinet, |
| 151 | the agency head shall notify the Governor and Cabinet in writing |
| 152 | of the intention to terminate the inspector general at least 7 |
| 153 | days prior to the removal. |
| 154 | (d) The agency head or agency staff shall not prevent or |
| 155 | prohibit the inspector general or director of auditing from |
| 156 | initiating, carrying out, or completing any audit or |
| 157 | investigation. |
| 158 | (4) To ensure that state agency audits are performed in |
| 159 | accordance with applicable auditing standards, the inspector |
| 160 | general or the director of auditing within the inspector |
| 161 | general's office shall possess the following qualifications: |
| 162 | (a) A bachelor's degree from an accredited college or |
| 163 | university with a major in accounting, or with a major in |
| 164 | business which includes five courses in accounting, and 5 years |
| 165 | of experience as an internal auditor or independent postauditor, |
| 166 | electronic data processing auditor, accountant, or any |
| 167 | combination thereof. The experience shall at a minimum consist |
| 168 | of audits of units of government or private business |
| 169 | enterprises, operating for profit or not for profit; or |
| 170 | (b) A master's degree in accounting, business |
| 171 | administration, or public administration from an accredited |
| 172 | college or university and 4 years of experience as required in |
| 173 | paragraph (a); or |
| 174 | (c) A certified public accountant license issued pursuant |
| 175 | to chapter 473 or a certified internal audit certificate issued |
| 176 | by the Institute of Internal Auditors or earned by examination, |
| 177 | and 4 years of experience as required in paragraph (a). |
| 178 | (5) In carrying out the auditing duties and |
| 179 | responsibilities of this act, each inspector general shall |
| 180 | review and evaluate internal controls necessary to ensure the |
| 181 | fiscal accountability of the state agency. The inspector general |
| 182 | shall conduct financial, compliance, electronic data processing, |
| 183 | and performance audits of the agency and prepare audit reports |
| 184 | of his or her findings. The scope and assignment of the audits |
| 185 | shall be determined by the inspector general; however, the |
| 186 | agency head may at any time direct the inspector general to |
| 187 | perform an audit of a special program, function, or |
| 188 | organizational unit. The performance of the audit shall be under |
| 189 | the direction of the inspector general, except that if the |
| 190 | inspector general does not possess the qualifications specified |
| 191 | in subsection (4), the director of auditing shall perform the |
| 192 | functions listed in this subsection. |
| 193 | (a) Such audits shall be conducted in accordance with the |
| 194 | current International Standards for the Professional Practice of |
| 195 | Internal Auditing as and subsequent Internal Auditing Standards |
| 196 | or Statements on Internal Auditing Standards published by the |
| 197 | Institute of Internal Auditors, Inc., or, where appropriate, in |
| 198 | accordance with generally accepted governmental auditing |
| 199 | standards. All audit reports issued by internal audit staff |
| 200 | shall include a statement that the audit was conducted pursuant |
| 201 | to the appropriate standards. |
| 202 | (b) Audit workpapers and reports shall be public records |
| 203 | to the extent that they do not include information which has |
| 204 | been made confidential and exempt from the provisions of s. |
| 205 | 119.07(1) pursuant to law. However, when the inspector general |
| 206 | or a member of the staff receives from an individual a complaint |
| 207 | or information that falls within the definition provided in s. |
| 208 | 112.3187(5), the name or identity of the individual shall not be |
| 209 | disclosed to anyone else without the written consent of the |
| 210 | individual, unless the inspector general determines that such |
| 211 | disclosure is unavoidable during the course of the audit or |
| 212 | investigation. |
| 213 | (c) The inspector general and the staff shall have access |
| 214 | to any records, data, and other information of the state agency |
| 215 | he or she deems necessary to carry out his or her duties. The |
| 216 | inspector general is also authorized to request such information |
| 217 | or assistance as may be necessary from the state agency or from |
| 218 | any federal, state, or local government entity. |
| 219 | (d) At the conclusion of each audit, the inspector general |
| 220 | shall submit preliminary findings and recommendations to the |
| 221 | person responsible for supervision of the program function or |
| 222 | operational unit who shall respond to any adverse findings |
| 223 | within 20 working days after receipt of the tentative findings. |
| 224 | Such response and the inspector general's rebuttal to the |
| 225 | response shall be included in the final audit report. |
| 226 | (e) At the conclusion of an audit in which the results of |
| 227 | the audit are published and disbursed and the subject of the |
| 228 | audit is a specific, singular entity contracting with the state, |
| 229 | the inspector general shall submit findings to the subject who |
| 230 | shall respond to any adverse findings within 20 working days. |
| 231 | Such response and the inspector general's rebuttal to the |
| 232 | response, if any, shall be included in the final audit report. |
| 233 | (f)(e) The inspector general shall submit the final report |
| 234 | to the agency head and to the Auditor General. |
| 235 | (g)(f) The Auditor General, in connection with the |
| 236 | independent postaudit of the same agency pursuant to s. 11.45, |
| 237 | shall give appropriate consideration to internal audit reports |
| 238 | and the resolution of findings therein. The Legislative Auditing |
| 239 | Committee may inquire into the reasons or justifications for |
| 240 | failure of the agency head to correct the deficiencies reported |
| 241 | in internal audits that are also reported by the Auditor General |
| 242 | and shall take appropriate action. |
| 243 | (h)(g) The inspector general shall monitor the |
| 244 | implementation of the state agency's response to any report on |
| 245 | the state agency issued by the Auditor General or by the Office |
| 246 | of Program Policy Analysis and Government Accountability. No |
| 247 | later than 6 months after the Auditor General or the Office of |
| 248 | Program Policy Analysis and Government Accountability publishes |
| 249 | a report on the state agency, the inspector general shall |
| 250 | provide a written response to the agency head on the status of |
| 251 | corrective actions taken. The Inspector General shall file a |
| 252 | copy of such response with the Legislative Auditing Committee. |
| 253 | (i)(h) The inspector general shall develop long-term and |
| 254 | annual audit plans based on the findings of periodic risk |
| 255 | assessments. The plan, where appropriate, should include |
| 256 | postaudit samplings of payments and accounts. The plan shall |
| 257 | show the individual audits to be conducted during each year and |
| 258 | related resources to be devoted to the respective audits. The |
| 259 | Chief Financial Officer, to assist in fulfilling the |
| 260 | responsibilities for examining, auditing, and settling accounts, |
| 261 | claims, and demands pursuant to s. 17.03(1), and examining, |
| 262 | auditing, adjusting, and settling accounts pursuant to s. 17.04, |
| 263 | may utilize audits performed by the inspectors general and |
| 264 | internal auditors. For state agencies under the Governor, the |
| 265 | audit plans shall be submitted to the Governor's Chief Inspector |
| 266 | General. The plan shall be submitted to the agency head for |
| 267 | approval. A copy of the approved plan shall be submitted to the |
| 268 | Auditor General. |
| 269 | (6) In carrying out the investigative duties and |
| 270 | responsibilities specified in this section, each inspector |
| 271 | general shall initiate, conduct, supervise, and coordinate |
| 272 | investigations designed to detect, deter, prevent, and eradicate |
| 273 | fraud, waste, mismanagement, misconduct, and other abuses in |
| 274 | state government. For these purposes, each inspector general |
| 275 | state agency shall: |
| 276 | (a) Receive complaints and coordinate all activities of |
| 277 | the agency as required by the Whistle-blower's Act pursuant to |
| 278 | ss. 112.3187-112.31895. |
| 279 | (b) Receive and consider the complaints which do not meet |
| 280 | the criteria for an investigation under the Whistle-blower's Act |
| 281 | and conduct, supervise, or coordinate such inquiries, |
| 282 | investigations, or reviews as the inspector general deems |
| 283 | appropriate. |
| 284 | (c) Report expeditiously to the Department of Law |
| 285 | Enforcement or other law enforcement agencies, as appropriate, |
| 286 | whenever the inspector general has reasonable grounds to believe |
| 287 | there has been a violation of criminal law. |
| 288 | (d) Conduct investigations and other inquiries free of |
| 289 | actual or perceived impairment to the independence of the |
| 290 | inspector general or the inspector general's office. This shall |
| 291 | include freedom from any interference with investigations and |
| 292 | timely access to records and other sources of information. |
| 293 | (e) At the conclusion of each investigation in which the |
| 294 | subject of the investigation is a specific entity contracting |
| 295 | with the state or an individual substantially affected by the |
| 296 | findings, conclusions, and recommendations, consistent with |
| 297 | chapter 119, submit findings to the subject who shall respond to |
| 298 | any adverse findings within 10 days. Such response and the |
| 299 | inspector general's rebuttal to the response, if any, shall be |
| 300 | included in the final investigative report. |
| 301 | (f)(e) Submit in a timely fashion final reports on |
| 302 | investigations conducted by the inspector general to the agency |
| 303 | head, except for whistle-blower's investigations, which shall be |
| 304 | conducted and reported pursuant to s. 112.3189. |
| 305 | (7) Each inspector general shall, not later than September |
| 306 | 30 of each year, prepare an annual report summarizing the |
| 307 | activities of the office during the immediately preceding state |
| 308 | fiscal year. The final report shall be furnished to the agency |
| 309 | head. Such report shall include, but need not be limited to: |
| 310 | (a) A description of activities relating to the |
| 311 | development, assessment, and validation of performance measures. |
| 312 | (b) A description of significant abuses and deficiencies |
| 313 | relating to the administration of programs and operations of the |
| 314 | agency disclosed by investigations, audits, reviews, or other |
| 315 | activities during the reporting period. |
| 316 | (c) A description of the recommendations for corrective |
| 317 | action made by the inspector general during the reporting period |
| 318 | with respect to significant problems, abuses, or deficiencies |
| 319 | identified. |
| 320 | (d) The identification of each significant recommendation |
| 321 | described in previous annual reports on which corrective action |
| 322 | has not been completed. |
| 323 | (e) A summary of each audit and investigation completed |
| 324 | during the reporting period. |
| 325 | (8) The inspector general in each agency under the |
| 326 | Governor's jurisdiction shall timely report to the Chief |
| 327 | Inspector General all written complaints received concerning the |
| 328 | duties and responsibilities outlined in this section or any |
| 329 | misconduct alleged related to the office of the inspector |
| 330 | general or its employees. |
| 331 | (9) For agencies under the Governor's jurisdiction, the |
| 332 | Chief Inspector General in the Executive Office of the Governor, |
| 333 | as defined in s. 14.32, shall: |
| 334 | (a) Receive and consider all complaints against offices of |
| 335 | inspectors general or their employees and conduct, supervise, or |
| 336 | coordinate such inquiries, investigations, or reviews as the |
| 337 | Chief Inspector General considers appropriate. |
| 338 | (b) Develop policies and procedures for reviewing |
| 339 | complaints against a state agency office of inspector general or |
| 340 | its employees, including, but not limited to, complaints |
| 341 | regarding misconduct, failure to properly follow professional |
| 342 | standards, or any other violation of agency policy, rule, or law |
| 343 | that is consistent with the definitions in this section and s. |
| 344 | 14.32. The policies and procedures must identify exemptions from |
| 345 | this process, including, but not limited to, whistle-blower |
| 346 | investigations conducted in accordance with ss. 112.3187- |
| 347 | 112.31895. These policies and procedures must afford entities |
| 348 | contracting with state agencies, and individuals substantially |
| 349 | affected by the findings, conclusions, and recommendations, a |
| 350 | meaningful opportunity to express their complaint and present |
| 351 | additional material relevant to the original investigation. |
| 352 | Policies and procedures specified herein shall not be subject to |
| 353 | rulemaking under chapter 120. |
| 354 | (c) Distribute the report of any investigation conducted |
| 355 | or supervised by the Chief Inspector General to the office of |
| 356 | the inspector general of the state agency, the agency head of |
| 357 | the subject's employing agency, and the person that filed the |
| 358 | complaint against the office of inspector general of the state |
| 359 | agency or its employees. |
| 360 | (10) If a state agency inspector general's reported |
| 361 | adverse findings regarding entities contracting with state |
| 362 | agencies and individuals substantially affected by the findings, |
| 363 | conclusions, and recommendations are determined to be not |
| 364 | substantially justified by the Chief Inspector General, the |
| 365 | agency shall reimburse reasonable legal fees and costs not to |
| 366 | exceed $50,000 specifically associated with filing and pursuing |
| 367 | the complaints, which are incurred by the entities contracting |
| 368 | with state agencies and individuals substantially affected by |
| 369 | the findings, conclusions, and recommendations. |
| 370 | (11)(8) Each agency inspector general shall, to the extent |
| 371 | both necessary and practicable, include on his or her staff |
| 372 | individuals with electronic data processing auditing experience. |
| 373 | Section 2. This act shall take effect July 1, 2007. |