Florida Senate - 2010 SB 1450
By Senator Gelber
35-00140-10 20101450__
1 A bill to be entitled
2 An act relating to agency inspectors general; amending
3 s. 20.055, F.S.; updating a cross-reference; requiring
4 the agency inspector general to keep the Auditor
5 General informed of any agency fraud, abuses, or
6 deficiencies; providing that the agency inspector
7 general be appointed by, under the general supervision
8 of, and removable by the Auditor General; requiring
9 that the agency inspector general provide to the
10 Auditor General final reports on investigations, an
11 annual report, and certain written complaints;
12 providing an effective date.
13
14 Be It Enacted by the Legislature of the State of Florida:
15
16 Section 1. Paragraphs (b) and (f) of subsection (2),
17 subsection (3), paragraph (f) of subsection (6), and subsections
18 (7) and (8) of section 20.055, Florida Statutes, are amended to
19 read:
20 20.055 Agency inspectors general.—
21 (2) The Office of Inspector General is hereby established
22 in each state agency to provide a central point for coordination
23 of and responsibility for activities that promote
24 accountability, integrity, and efficiency in government. It
25 shall be the duty and responsibility of each inspector general,
26 with respect to the state agency in which the office is
27 established, to:
28 (b) Assess the reliability and validity of the information
29 provided by the state agency on performance outcomes measures
30 and standards, and make recommendations for improvement, if
31 necessary, prior to submission of those outcomes measures and
32 standards to the Executive Office of the Governor pursuant to s.
33 216.013 s. 216.0166(1).
34 (f) Keep the such agency head and the Auditor General
35 informed concerning any fraud, abuses, or and deficiencies
36 relating to programs and operations administered or financed by
37 the state agency, recommend corrective action concerning such
38 fraud, abuses, and deficiencies, and report on the progress made
39 in implementing corrective action.
40 (3)(a) The inspector general of each state agency shall be
41 appointed by the Auditor General but shall be located at the
42 respective state agency head. For agencies under the direction
43 of the Governor, the appointment shall be made after notifying
44 the Governor and the Chief Inspector General in writing, at
45 least 7 days prior to an offer of employment, of the agency
46 head’s intention to hire the inspector general.
47 (a)(b) Each inspector general shall report to and be under
48 the general supervision of the Auditor General agency head and
49 shall not be subject to supervision by any other employee of the
50 state agency. The inspector general shall be appointed without
51 regard to political affiliation.
52 (b)(c) An inspector general may be removed from office by
53 the Auditor General agency head. For agencies under the
54 direction of the Governor, the agency head shall notify the
55 Governor and the Chief Inspector General, in writing, of the
56 intention to terminate the inspector general at least 7 days
57 prior to the removal. For state agencies under the direction of
58 the Governor and Cabinet, the agency head shall notify the
59 Governor and Cabinet in writing of the intention to terminate
60 the inspector general at least 7 days prior to the removal.
61 (c)(d) An The agency head or agency staff may shall not
62 prevent or prohibit the inspector general from initiating,
63 carrying out, or completing any audit or investigation.
64 (6) In carrying out the investigative duties and
65 responsibilities specified in this section, each inspector
66 general shall initiate, conduct, supervise, and coordinate
67 investigations designed to detect, deter, prevent, and eradicate
68 fraud, waste, mismanagement, misconduct, and other abuses in
69 state government. For these purposes, each inspector general
70 shall:
71 (f) Submit in a timely fashion final reports on
72 investigations conducted by the inspector general to the agency
73 head and the Auditor General, except for whistle-blower’s
74 investigations, which shall be conducted and reported pursuant
75 to s. 112.3189.
76 (7) Each inspector general shall, by not later than
77 September 30 of each year, prepare an annual report summarizing
78 the activities of the office during the immediately preceding
79 state fiscal year. The final report shall be furnished to the
80 agency head and the Auditor General. Such report shall include,
81 but need not be limited to:
82 (a) A description of activities relating to the
83 development, assessment, and validation of performance measures.
84 (b) A description of significant problems, abuses, and
85 deficiencies relating to the administration of programs and
86 operations of the agency disclosed by investigations, audits,
87 reviews, or other activities during the reporting period.
88 (c) A description of the recommendations for corrective
89 action made by the inspector general during the reporting period
90 with respect to significant problems, abuses, or deficiencies
91 identified.
92 (d) The identification of each significant recommendation
93 described in previous annual reports on which corrective action
94 has not been completed.
95 (e) A summary of each audit and investigation completed
96 during the reporting period.
97 (8) The inspector general in each state agency shall
98 provide to the agency head and the Auditor General, upon
99 receipt, all written complaints concerning the duties and
100 responsibilities in this section, or any allegation of
101 misconduct related to the office of the inspector general or its
102 employees, if received from subjects of audits or investigations
103 who are individuals substantially affected or entities
104 contracting with the state, as defined in this section. For
105 agencies solely under the direction of the Governor, the
106 inspector general shall also provide the complaint to the Chief
107 Inspector General.
108 Section 2. This act shall take effect July 1, 2010.