HB 903

1
A bill to be entitled
2An act relating to inspectors general; transferring,
3renumbering, and amending s. 14.32, F.S.; providing that
4the Chief Inspector General is responsible for all agency
5inspectors general, including cabinet agencies and the
6Executive Office of the Governor; housing the office of
7the Chief Inspector General in the Executive Office of the
8Governor for administrative purposes only; providing that
9the Chief Inspector General reports to the Cabinet;
10amending s. 20.055, F.S.; revising definitions; providing
11that the term "state agencies" includes cabinet agencies;
12updating a cross-reference; requiring the agency inspector
13general to keep the Chief Inspector General informed of
14any agency fraud, abuses, or deficiencies and authorizing
15the inspector general to not inform the agency head under
16certain circumstances; requiring agency inspectors general
17to be appointed by the Chief Inspector General, subject to
18the consent of the agency head; revising the procedures
19for removing an inspector general; providing that an
20agency inspector general may be removed only by the Chief
21Inspector General in consultation with the agency head;
22requiring an agency inspector general to be certified by
23the Association of Inspectors General; requiring agency
24inspectors general to establish internal and external
25procedures for receiving complaints from employees and the
26public; authorizing the inspector general of the
27Department of Law Enforcement to bypass informing the
28executive director of the Department of Law Enforcement
29under certain circumstances; requiring agency inspectors
30general to provide final reports on investigations, an
31annual report, and certain written complaints to the Chief
32Inspector General; requiring one or more investigators
33within the agency inspector general's office to be a sworn
34law enforcement officer; amending s. 112.3187, F.S.;
35revising the definition of "independent contractor" under
36the state Whistle-blower's Act to include anyone who
37receives public funds; conforming provisions to changes
38made by the act; amending s. 112.3189, F.S.; conforming
39provisions to changes made by the act; permitting
40employees disclosing information resulting in a recovery
41of funds to receive a percent of any funds recovered;
42amending ss. 112.31895 and 112.31901, F.S.; conforming
43provisions to changes made by the act; creating s.
44287.0565, F.S.; directing the Department of Management
45Services to adopt criteria for the use of purchasing
46cards; requiring the agency inspector general to conduct
47periodic audits of the use of such cards; amending s.
4814.2015, F.S.; conforming provisions to changes made by
49the act; providing an effective date.
50
51Be It Enacted by the Legislature of the State of Florida:
52
53     Section 1.  Section 14.32, Florida Statutes, is transferred
54and renumbered as section 20.054, Florida Statutes, and amended
55to read:
56     20.054 14.32  Office of Chief Inspector General.-
57     (1)  There is created in the Executive Office of the
58Governor the Office of Chief Inspector General, which, for
59administrative purposes only, shall be housed in the Executive
60Office of the Governor. The Chief Inspector General shall be
61responsible for promoting accountability, integrity, and
62efficiency in the agencies under the jurisdiction of the
63Governor and the Cabinet. The Chief Inspector General shall be
64nominated by the Governor, and approved appointed by and serve
65at the pleasure of the Cabinet Governor.
66     (2)  The Chief Inspector General shall:
67     (a)  Initiate, supervise, and coordinate investigations,
68recommend policies, and carry out other activities designed to
69deter, detect, prevent, and eradicate fraud, waste, abuse,
70mismanagement, and misconduct in government.
71     (b)  Investigate, upon receipt of a complaint or for cause,
72any administrative action of any agency, the administration of
73which is under the direct supervision of the Governor or
74Cabinet, regardless of the finality of the administrative
75action.
76     (c)  Request such assistance and information as may be
77necessary for the performance of the duties of the Chief
78Inspector General.
79     (d)  Examine the records and reports of any agency the
80administration of which is under the direct supervision of the
81Governor or Cabinet.
82     (e)  Coordinate complaint-handling activities with
83agencies.
84     (f)  Coordinate the activities of the Whistle-blower's Act
85pursuant to chapter 112 and maintain the whistle-blower's
86hotline to receive complaints and information concerning the
87possible violation of law or administrative rules,
88mismanagement, fraud, waste, abuse of authority, malfeasance, or
89a substantial or specific danger to the health, welfare, or
90safety of the public.
91     (g)  Report expeditiously to and cooperate fully with the
92Department of Law Enforcement, the Department of Legal Affairs,
93and other law enforcement agencies if when there are
94recognizable grounds to believe that there has been a violation
95of criminal law or that a civil action should be initiated.
96     (h)  Act as liaison with outside agencies and the Federal
97Government to promote accountability, integrity, and efficiency
98in state government.
99     (i)  Act as liaison and monitor the activities of the
100inspectors general in the agencies under the Governor and
101Cabinet, including the Executive Office of the Governor
102Governor's jurisdiction.
103     (j)  Review, evaluate, and monitor the policies, practices,
104and operations of the Executive Office of the Governor.
105     (j)(k)  Conduct special investigations and management
106reviews at the request of the Governor and Cabinet.
107     (3)  The Chief Inspector General shall serve as the
108inspector general for the Executive Office of the Governor.
109     Section 2.  Section 20.055, Florida Statutes, is amended to
110read:
111     20.055  Agency inspectors general.-
112     (1)  For the purposes of this section:
113     (a)  "State agency" means each department created pursuant
114to this chapter, and also includes the Executive Office of the
115Governor, the Cabinet agencies, the Department of Military
116Affairs, the Fish and Wildlife Conservation Commission, the
117Office of Insurance Regulation of the Financial Services
118Commission, the Office of Financial Regulation of the Financial
119Services Commission, the Public Service Commission, the Board of
120Governors of the State University System, and the state courts
121system.
122     (b)  "Agency head" means the Governor, a Cabinet officer, a
123secretary as defined in s. 20.03(5), or an executive director as
124defined in s. 20.03(6). It also includes the chair of the Public
125Service Commission, the Director of the Office of Insurance
126Regulation of the Financial Services Commission, the Director of
127the Office of Financial Regulation of the Financial Services
128Commission, and the Chief Justice of the State Supreme Court.
129     (c)  "Individuals substantially affected" means natural
130persons who have established a real and sufficiently immediate
131injury in fact due to the findings, conclusions, or
132recommendations of a final report of a state agency inspector
133general, who are the subject of the audit or investigation, and
134who do not have or are not currently afforded an existing right
135to an independent review process. The term does not include
136employees of the state, including career service, probationary,
137other personal service, Selected Exempt Service, and Senior
138Management Service employees;, are not covered by this
139definition. This definition also does not cover former employees
140of the state if the final report of the state agency inspector
141general relates to matters arising during a former employee's
142term of state employment; or. This definition does not apply to
143persons who are the subject of audits or investigations
144conducted pursuant to ss. 112.3187-112.31895 or s. 409.913 or
145which are otherwise confidential and exempt under s. 119.07.
146     (d)  "Entities contracting with the state" means for-profit
147and not-for-profit organizations or businesses having a legal
148existence, such as corporations or partnerships, as opposed to
149natural persons, which have entered into a relationship with a
150state agency as defined in paragraph (a) to provide for
151consideration certain goods or services for consideration to the
152state agency or on behalf of the state agency. The relationship
153may be evidenced by payment by warrant or purchasing card,
154contract, purchase order, provider agreement, or other such
155mutually agreed upon relationship. The term This definition does
156not apply to entities that which are the subject of audits or
157investigations conducted pursuant to ss. 112.3187-112.31895 or
158s. 409.913 or that which are otherwise confidential and exempt
159under s. 119.07.
160     (2)  The Office of Inspector General is hereby established
161in each state agency to coordinate and be responsible provide a
162central point for coordination of and responsibility for
163activities that promote accountability, integrity, and
164efficiency in government. It is shall be the duty and
165responsibility of each inspector general, with respect to the
166state agency in which the office is established, to:
167     (a)  Advise in the development of performance measures,
168standards, and procedures for the evaluation of state agency
169programs, including:.
170     1.(b)  Assessing Assess the reliability and validity of the
171information provided by the state agency on performance outcomes
172measures and standards, and making make recommendations for
173improvement, if necessary, prior to submission of those outcomes
174measures and standards to the Executive Office of the Governor
175pursuant to s. 216.013 s. 216.0166(1).
176     2.(c)  Reviewing Review the actions taken by the state
177agency to improve program performance and meet program standards
178and making make recommendations for improvement, if necessary.
179     (b)(d)  Provide direction for, supervise, and coordinate
180audits, investigations, and management reviews relating to the
181programs and operations of the state agency. If, except that
182when the inspector general does not possess the qualifications
183specified in subsection (4), the director of auditing shall
184conduct such audits.
185     (c)(e)  Conduct, supervise, or coordinate other activities
186carried out or financed by that state agency for the purpose of
187promoting economy and efficiency in the administration of, or
188preventing and detecting fraud and abuse in, its programs and
189operations.
190     (d)(f)  Keep the such agency head and the Chief Inspector
191General informed concerning any fraud, abuses, or and
192deficiencies relating to programs and operations administered or
193financed by the state agency, recommend corrective action
194concerning such fraud, abuses, or and deficiencies, and report
195on the progress made in implementing corrective action. However,
196if the inspector general has reasonable concerns that keeping
197the agency head informed may compromise any related
198investigation, the inspector general shall first report such
199concerns to the Chief Inspector General who shall make a
200determination about whether to report to the agency head. If the
201Chief Inspector General concludes that such investigation should
202not be reported to the agency head, the Chief Inspector General
203shall report such determination to the Governor and Cabinet.
204     (e)(g)  Ensure effective coordination and cooperation
205between the Auditor General, federal auditors, and other
206governmental bodies in order to avoid with a view toward
207avoiding duplication.
208     (f)(h)  Review, as appropriate, rules relating to the
209programs and operations of the such state agency and make
210recommendations concerning their impact.
211     (g)(i)  Ensure that an appropriate balance is maintained
212between audit, investigative, and other accountability
213activities.
214     (h)(j)  Comply with the General Principles and Standards
215for Offices of Inspector General as published and revised by the
216Association of Inspectors General.
217     (3)(a)  The inspector general of each state agency shall be
218appointed by the Chief Inspector General, subject to the written
219consent of the agency head. The inspector general shall be
220appointed without regard to political affiliation. For agencies
221under the direction of the Governor, the appointment shall be
222made after notifying the Governor and the Chief Inspector
223General in writing, at least 7 days prior to an offer of
224employment, of the agency head's intention to hire the inspector
225general.
226     (a)(b)  Except as provided in paragraphs (2)(d) and (6)(f),
227each inspector general shall report to and be under the general
228supervision of the agency head and is shall not be subject to
229supervision by any other employee of the state agency. The
230inspector general shall be appointed without regard to political
231affiliation.
232     (b)(c)  An inspector general may be removed from office by
233the Chief Inspector General, in consultation with the agency
234head. Following consultation with the agency head For agencies
235under the direction of the Governor, the Chief Inspector General
236agency head shall notify the inspector general and the Governor
237and Cabinet Governor and the Chief Inspector General, in
238writing, of the intention to terminate the inspector general for
239good cause shown at least 21 7 days before prior to the removal.
240Good cause must be documented in the notification. The inspector
241general may not be removed if an objection is made by the
242Governor or Cabinet within the 21 days before removal. Removal
243may be made if the objection is later rescinded. For state
244agencies under the direction of the Governor and Cabinet, the
245agency head shall notify the Governor and Cabinet in writing of
246the intention to terminate the inspector general at least 7 days
247prior to the removal.
248     (c)(d)  An The agency head or agency staff may shall not
249prevent or prohibit the inspector general from initiating,
250carrying out, or completing any audit or investigation.
251     (4)  The inspector general must be certified by the
252Association of Inspectors General. To ensure that state agency
253audits are performed in accordance with applicable auditing
254standards, the inspector general or the director of auditing
255within the inspector general's office must shall possess the
256following qualifications:
257     (a)  A bachelor's degree from an accredited college or
258university with a major in accounting, or with a major in
259business which includes five courses in accounting, and 5 years
260of experience as an internal auditor or independent postauditor,
261electronic data processing auditor, accountant, or any
262combination thereof. The experience must, shall at a minimum,
263consist of audits of units of government or private business
264enterprises, operating for profit or not for profit; or
265     (b)  A master's degree in accounting, business
266administration, or public administration from an accredited
267college or university and 4 years of experience as required in
268paragraph (a); or
269     (c)  A certified public accountant license issued pursuant
270to chapter 473 or a certified internal audit certificate issued
271by the Institute of Internal Auditors or earned by examination,
272and 4 years of experience as required in paragraph (a).
273     (5)  In carrying out the auditing duties and
274responsibilities of this section act, each inspector general
275shall review and evaluate internal controls necessary to ensure
276the fiscal accountability of the state agency. The inspector
277general shall conduct financial, compliance, electronic data
278processing, and performance audits of the agency and prepare
279audit reports of his or her findings. The scope and assignment
280of the audits shall be determined by the inspector general;
281however, the agency head may at any time direct the inspector
282general to perform an audit of a special program, function, or
283organizational unit. The performance of the audit shall be under
284the direction of the inspector general, except that if the
285inspector general does not possess the qualifications specified
286in subsection (4), the director of auditing shall perform the
287functions listed in this subsection.
288     (a)  Such audits shall be conducted in accordance with the
289current International Standards for the Professional Practice of
290Internal Auditing as published by the Institute of Internal
291Auditors, Inc., or, where appropriate, in accordance with
292generally accepted governmental auditing standards. All audit
293reports issued by internal audit staff must shall include a
294statement that the audit was conducted pursuant to the
295appropriate standards.
296     (b)  Audit workpapers and reports are shall be public
297records to the extent that they do not include information that
298which has been made confidential and exempt from the provisions
299of s. 119.07(1) pursuant to law. However, if when the inspector
300general or a member of the staff receives a complaint or
301information from an individual which a complaint or information
302that falls within the definition provided in s. 112.3187(5), the
303name or identity of the individual may shall not be disclosed to
304anyone else without the written consent of the individual,
305unless the inspector general determines that such disclosure is
306unavoidable during the course of the audit or investigation.
307     (c)  The inspector general and the staff shall have access
308to any records, data, and other information of the state agency
309he or she deems necessary to carry out his or her duties. The
310inspector general may is also authorized to request such
311information or assistance as may be necessary from the state
312agency or from any federal, state, or local government entity.
313     (d)  At the conclusion of each audit, the inspector general
314shall submit preliminary findings and recommendations to the
315person responsible for supervision of the program function or
316operational unit who shall respond to any adverse findings
317within 20 working days after receipt of the preliminary
318findings. Such response and the inspector general's rebuttal to
319the response shall be included in the final audit report.
320     (e)  At the conclusion of an audit in which the subject of
321the audit is a specific entity contracting with the state or an
322individual substantially affected, if the audit is not
323confidential or otherwise exempt from disclosure by law, the
324inspector general shall, consistent with s. 119.07(1), submit
325the findings to the entity contracting with the state or the
326individual substantially affected, who shall be advised in
327writing that they may submit a written response within 20
328working days after receipt of the findings. The response and the
329inspector general's rebuttal to the response, if any, must be
330included in the final audit report.
331     (f)  The inspector general shall submit the final report to
332the agency head and to the Auditor General.
333     (g)  The Auditor General, in connection with the
334independent postaudit of the same agency pursuant to s. 11.45,
335shall give appropriate consideration to internal audit reports
336and the resolution of findings therein. The Legislative Auditing
337Committee may inquire into the reasons or justifications for
338failure of the agency head to correct the deficiencies reported
339in internal audits that are also reported by the Auditor General
340and shall take appropriate action.
341     (h)  The inspector general shall monitor the implementation
342of the state agency's response to any report on the state agency
343issued by the Auditor General or by the Office of Program Policy
344Analysis and Government Accountability. Within No later than 6
345months after the Auditor General or the Office of Program Policy
346Analysis and Government Accountability publishes a report on the
347state agency, the inspector general shall provide a written
348response to the agency head on the status of corrective actions
349taken. The Inspector General shall file a copy of such response
350with the Legislative Auditing Committee.
351     (i)  The inspector general shall develop long-term and
352annual audit plans based on the findings of periodic risk
353assessments. The plan, where appropriate, should include
354postaudit samplings of payments and accounts. The plan shall
355show the individual audits to be conducted during each year and
356related resources to be devoted to the respective audits. The
357Chief Financial Officer, to assist in fulfilling the
358responsibilities for examining, auditing, and settling accounts,
359claims, and demands pursuant to s. 17.03(1), and examining,
360auditing, adjusting, and settling accounts pursuant to s. 17.04,
361may use utilize audits performed by the inspectors general and
362internal auditors. For state agencies under the Governor, The
363audit plans shall be submitted to the Governor's Chief Inspector
364General. The plan shall be submitted to the agency head for
365approval. A copy of the approved plan shall be submitted to the
366Auditor General.
367     (6)  In carrying out the investigative duties and
368responsibilities specified in this section, each inspector
369general shall initiate, conduct, supervise, and coordinate
370investigations designed to detect, deter, prevent, and eradicate
371fraud, waste, mismanagement, misconduct, and other abuses in
372state government. For these purposes, each inspector general
373shall:
374     (a)  Establish an internal procedure for receiving concerns
375or complaints from state agency personnel and a link on the
376state agency's website for receiving concerns or complaints from
377clients or vendors of the agency or other members of the public.
378     (b)(a)  Receive complaints and coordinate all activities of
379the agency as required by the Whistle-blower's Act pursuant to
380ss. 112.3187-112.31895.
381     (c)(b)  Receive and consider the complaints that which do
382not meet the criteria for an investigation under the Whistle-
383blower's Act and conduct, supervise, or coordinate such
384inquiries, investigations, or reviews as the inspector general
385deems appropriate.
386     (d)(c)  Report expeditiously to the Department of Law
387Enforcement or other law enforcement agencies, as appropriate,
388whenever the inspector general has reasonable grounds to believe
389there has been a violation of criminal law. However, the
390inspector general for the Department of Law Enforcement may
391consult with the Chief Inspector General before reporting
392instances of suspected criminal acts within the Department of
393Law Enforcement. The Chief Inspector General shall make a
394determination of whether such investigation shall be reported to
395the executive director of the Department of Law Enforcement. If
396the Chief Inspector General determines that such instances
397should not be reported to the executive director, he or she
398shall report such determination to the Governor and Cabinet.
399     (e)(d)  Conduct investigations and other inquiries free of
400actual or perceived impairment to the independence of the
401inspector general or the inspector general's office. This
402includes shall include freedom from any interference with
403investigations and timely access to records and other sources of
404information.
405     (f)(e)  At the conclusion of each investigation in which
406the subject of the investigation is a specific entity
407contracting with the state or an individual substantially
408affected as defined by this section, and if the investigation is
409not confidential or otherwise exempt from disclosure by law, the
410inspector general shall, consistent with s. 119.07(1), submit
411findings to the subject that is a specific entity contracting
412with the state or an individual substantially affected, who
413shall be advised in writing that they may submit a written
414response within 20 working days after receipt of the findings.
415Such response and the inspector general's rebuttal to the
416response, if any, shall be included in the final investigative
417report.
418     (g)(f)  Submit in a timely fashion final reports on
419investigations conducted by the inspector general to the agency
420head and the Chief Inspector General, except for whistle-
421blower's investigations, which shall be conducted and reported
422pursuant to s. 112.3189.
423     (7)  Each inspector general shall, by not later than
424September 30 of each year, prepare an annual report summarizing
425the activities of the office during the immediately preceding
426state fiscal year. The final report shall be furnished to the
427agency head and the Chief Inspector General. Such report shall
428include, but need not be limited to:
429     (a)  A description of activities relating to the
430development, assessment, and validation of performance measures.
431     (b)  A description of significant problems, abuses, and
432deficiencies relating to the administration of programs and
433operations of the agency disclosed by investigations, audits,
434reviews, or other activities during the reporting period.
435     (c)  A description of the recommendations for corrective
436action made by the inspector general during the reporting period
437with respect to significant problems, abuses, or deficiencies
438identified.
439     (d)  The identification of each significant recommendation
440described in previous annual reports on which corrective action
441has not been completed.
442     (e)  A summary of each audit and investigation completed
443during the reporting period.
444     (8)  The inspector general in each state agency shall
445provide to the agency head and the Chief Inspector General, upon
446receipt, all written complaints concerning the duties and
447responsibilities in this section, or any allegation of
448misconduct related to the office of the inspector general or its
449employees, if received from subjects of audits or investigations
450who are individuals substantially affected or entities
451contracting with the state, as defined in this section. For
452agencies solely under the direction of the Governor, the
453inspector general shall also provide the complaint to the Chief
454Inspector General.
455     (9)  Each agency inspector general shall, to the extent
456both necessary and practicable, include on his or her staff
457individuals with electronic data processing auditing experience.
458One or more of the investigators within the office must be a
459sworn law enforcement officer.
460     Section 3.  Paragraph (d) of subsection (3) and subsection
461(7) of section 112.3187, Florida Statutes, are amended to read:
462     112.3187  Adverse action against employee for disclosing
463information of specified nature prohibited; employee remedy and
464relief.-
465     (3)  DEFINITIONS.-As used in this act, unless otherwise
466specified, the following words or terms shall have the meanings
467indicated:
468     (d)  "Independent contractor" means an individual or
469business entity a person, other than an agency, engaged in any
470business, and who enters into a contract, including a provider
471agreement, with an agency, or who otherwise receives public
472funds to perform a public service.
473     (7)  EMPLOYEES AND PERSONS PROTECTED.-This section protects
474employees and persons who disclose information on their own
475initiative in a written and signed complaint; who are requested
476to participate in an investigation, hearing, or other inquiry
477conducted by any agency or federal government entity; who refuse
478to participate in any adverse action prohibited by this section;
479or who initiate a complaint through the whistle-blower's hotline
480or the hotline of the Medicaid Fraud Control Unit of the
481Department of Legal Affairs; or employees who file a any written
482complaint to their supervisory officials or employees who submit
483a complaint to the Chief Inspector General in the Executive
484Office of the Governor, to the employee designated as agency
485inspector general under s. 112.3189(1), or to the Florida
486Commission on Human Relations. The provisions of this section
487may not be used by a person while he or she is under the care,
488custody, or control of the state correctional system or, after
489release from the care, custody, or control of the state
490correctional system, with respect to circumstances that occurred
491during any period of incarceration. No remedy or other
492protection under ss. 112.3187-112.31895 applies to any person
493who has committed or intentionally participated in committing
494the violation or suspected violation for which protection under
495ss. 112.3187-112.31895 is being sought.
496     Section 4.  Subsection (1) is amended and subsection (12)
497is added to section 112.3189, Florida Statutes, to read:
498     112.3189  Investigative procedures upon receipt of whistle-
499blower information from certain state employees.-
500     (1)  This section only applies to the disclosure of
501information as described in s. 112.3187(5) by an employee or
502former employee of, or an applicant for employment with, a state
503agency, as the term "state agency" is defined in s. 216.011, to
504the Office of the Chief Inspector General of the Executive
505Office of the Governor or to the agency inspector general. If an
506agency does not have an inspector general, the head of the state
507agency, as defined in s. 216.011, shall designate an employee to
508receive such information described in s. 112.3187(5). For
509purposes of this section and s. 112.3188 only, the employee
510designated by the head of the state agency shall be deemed an
511agency inspector general.
512     (12)  If the investigation under this section, or any
513subsequent criminal action results in the recovery of state
514funds, the employee disclosing the information may receive up to
51515 percent of the amount recovered.
516     Section 5.  Paragraph (a) of subsection (1) and paragraph
517(a) of subsection (3) of section 112.31895, Florida Statutes,
518are amended to read:
519     112.31895  Investigative procedures in response to
520prohibited personnel actions.-
521     (1)(a)  If a disclosure under s. 112.3187 includes or
522results in alleged retaliation by an employer, the employee or
523former employee of, or applicant for employment with, a state
524agency, as defined in s. 216.011, which that is so affected may
525file a complaint alleging a prohibited personnel action, which
526complaint must be made by filing a written complaint with the
527Office of the Chief Inspector General in the Executive Office of
528the Governor or the Florida Commission on Human Relations
529within, no later than 60 days after the prohibited personnel
530action.
531     (3)  CORRECTIVE ACTION AND TERMINATION OF INVESTIGATION.-
532     (a)  The Florida Commission on Human Relations, in
533accordance with this act and for the sole purpose of this act,
534is empowered to:
535     1.  Receive and investigate complaints from employees
536alleging retaliation by state agencies, as the term "state
537agency" is defined in s. 216.011.
538     2.  Protect employees and applicants for employment with
539such agencies from prohibited personnel practices under s.
540112.3187.
541     3.  Petition for stays and petition for corrective actions,
542including, but not limited to, temporary reinstatement.
543     4.  Recommend disciplinary proceedings pursuant to
544investigation and appropriate agency rules and procedures.
545     5.  Coordinate with the Chief Inspector General in the
546Executive Office of the Governor and the Florida Commission on
547Human Relations to receive, review, and forward to appropriate
548agencies, legislative entities, or the Department of Law
549Enforcement disclosures of a violation of any law, rule, or
550regulation, or disclosures of gross mismanagement, malfeasance,
551misfeasance, nonfeasance, neglect of duty, or gross waste of
552public funds.
553     6.  Review rules pertaining to personnel matters issued or
554proposed by the Department of Management Services, the Public
555Employees Relations Commission, and other agencies, and, if the
556Florida Commission on Human Relations finds that any rule or
557proposed rule, on its face or as implemented, requires the
558commission of a prohibited personnel practice, provide a written
559comment to the appropriate agency.
560     7.  Investigate, request assistance from other governmental
561entities, and, if appropriate, bring actions concerning,
562allegations of retaliation by state agencies under subparagraph
5631.
564     8.  Administer oaths, examine witnesses, take statements,
565issue subpoenas, order the taking of depositions, order
566responses to written interrogatories, and make appropriate
567motions to limit discovery, pursuant to investigations under
568subparagraph 1.
569     9.  Intervene or otherwise participate, as a matter of
570right, in any appeal or other proceeding arising under this
571section before the Public Employees Relations Commission or any
572other appropriate agency, except that the Florida Commission on
573Human Relations must comply with the rules of the commission or
574other agency and may not seek corrective action or intervene in
575an appeal or other proceeding without the consent of the person
576protected under ss. 112.3187-112.31895.
577     10.  Conduct an investigation, in the absence of an
578allegation, to determine whether reasonable grounds exist to
579believe that a prohibited action or a pattern of prohibited
580action has occurred, is occurring, or is to be taken.
581     Section 6.  Subsections (1) and (2) of section 112.31901,
582Florida Statutes, are amended to read:
583     112.31901  Investigatory records.-
584     (1)  If certified pursuant to subsection (2), an
585investigatory record of the Chief Inspector General within the
586Executive Office of the Governor or of the employee designated
587by an agency head as the agency inspector general under s.
588112.3189 is exempt from s. 119.07(1) and s. 24(a), Art. I of the
589State Constitution until the investigation ceases to be active,
590or a report detailing the investigation is provided to the
591Governor or the agency head, or 60 days from the inception of
592the investigation for which the record was made or received,
593whichever first occurs. Investigatory records are those records
594that are related to the investigation of an alleged, specific
595act or omission or other wrongdoing, with respect to an
596identifiable person or group of persons, based on information
597compiled by the Chief Inspector General or by an agency
598inspector general, as named under the provisions of s. 112.3189,
599in the course of an investigation. An investigation is active if
600it is continuing with a reasonable, good faith anticipation of
601resolution and with reasonable dispatch.
602     (2)  The Cabinet Governor, in the case of the Chief
603Inspector General, or agency head, in the case of an employee
604designated as the agency inspector general under s. 112.3189,
605may certify that such investigatory records require an exemption
606to protect the integrity of the investigation or avoid
607unwarranted damage to an individual's good name or reputation.
608The certification must specify the nature and purpose of the
609investigation and shall be kept with the exempt records and made
610public when the records are made public.
611     Section 7.  Section 287.0565, Florida Statutes, is created
612to read:
613     287.0565  Purchasing cards.-
614     (1)  The department shall adopt rules establishing
615standards and procedures for state agency use of purchasing
616cards.
617     (2)  Each agency inspector general shall conduct periodic
618audits of the use of purchasing cards to monitor and confirm the
619actual purchase of authorized goods and services by agency
620employees.
621     Section 8.  Subsection (3) of section 14.2015, Florida
622Statutes, is amended to read:
623     14.2015  Office of Tourism, Trade, and Economic
624Development; creation; powers and duties.-
625     (3)  The Chief inspector general for the Executive Office
626of the Governor, as described defined in s. 20.055 14.32:
627     (a)  Shall advise public-private partnerships in their
628development, utilization, and improvement of internal control
629measures necessary to ensure fiscal accountability.
630     (b)  May conduct, direct, and supervise audits relating to
631the programs and operations of public-private partnerships.
632     (c)  Shall receive and investigate complaints of fraud,
633abuses, and deficiencies relating to programs and operations of
634public-private partnerships.
635     (d)  May request and have access to any records, data, and
636other information of public-private partnerships which that the
637Chief inspector general deems necessary to carry out his or her
638responsibilities with respect to accountability.
639     (e)  Shall monitor public-private partnerships for
640compliance with the terms and conditions of contracts with the
641Office of Tourism, Trade, and Economic Development and report
642noncompliance to the Governor.
643     (f)  Shall advise public-private partnerships in the
644development, utilization, and improvement of performance
645measures for the evaluation of their operations.
646     (g)  Shall review and make recommendations for improvements
647in the actions taken by public-private partnerships to meet
648performance standards.
649     Section 9.  This act shall take effect July 1, 2011.


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