| 1 | A bill to be entitled |
| 2 | An act relating to inspectors general; transferring, |
| 3 | renumbering, and amending s. 14.32, F.S.; providing |
| 4 | that the Chief Inspector General is responsible for |
| 5 | all agency inspectors general, including cabinet |
| 6 | agencies and the Executive Office of the Governor; |
| 7 | housing the office of the Chief Inspector General in |
| 8 | the Executive Office of the Governor for |
| 9 | administrative purposes only; providing that the Chief |
| 10 | Inspector General reports to the Cabinet; amending s. |
| 11 | 20.055, F.S.; revising definitions; providing that the |
| 12 | term "state agencies" includes cabinet agencies; |
| 13 | updating a cross-reference; requiring the agency |
| 14 | inspector general to keep the Chief Inspector General |
| 15 | informed of any agency fraud, abuses, or deficiencies |
| 16 | and authorizing the inspector general to not inform |
| 17 | the agency head under certain circumstances; requiring |
| 18 | agency inspectors general to be appointed by the Chief |
| 19 | Inspector General, subject to the consent of the |
| 20 | agency head; revising the procedures for removing an |
| 21 | inspector general; providing that an agency inspector |
| 22 | general may be removed only by the Chief Inspector |
| 23 | General in consultation with the agency head; |
| 24 | requiring an agency inspector general to be certified |
| 25 | by the Association of Inspectors General; requiring |
| 26 | agency inspectors general to establish internal and |
| 27 | external procedures for receiving complaints from |
| 28 | employees and the public; authorizing the inspector |
| 29 | general of the Department of Law Enforcement to bypass |
| 30 | informing the executive director of the Department of |
| 31 | Law Enforcement under certain circumstances; requiring |
| 32 | agency inspectors general to provide final reports on |
| 33 | investigations, an annual report, and certain written |
| 34 | complaints to the Chief Inspector General; requiring |
| 35 | one or more investigators within the agency inspector |
| 36 | general's office to be a sworn law enforcement |
| 37 | officer; amending s. 112.3187, F.S.; revising the |
| 38 | definition of the term "independent contractor" under |
| 39 | the state Whistle-blower's Act to include anyone who |
| 40 | receives public funds; conforming provisions to |
| 41 | changes made by the act; amending s. 112.3189, F.S.; |
| 42 | conforming provisions to changes made by the act; |
| 43 | permitting employees disclosing information resulting |
| 44 | in a recovery of funds to receive a percent of any |
| 45 | funds recovered; amending ss. 112.31895 and 112.31901, |
| 46 | F.S.; conforming provisions to changes made by the |
| 47 | act; creating s. 287.0565, F.S.; directing the |
| 48 | Department of Management Services to adopt criteria |
| 49 | for the use of purchasing cards; requiring the agency |
| 50 | inspector general to conduct periodic audits of the |
| 51 | use of such cards; providing an effective date. |
| 52 |
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| 53 | Be It Enacted by the Legislature of the State of Florida: |
| 54 |
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| 55 | Section 1. Section 14.32, Florida Statutes, is transferred |
| 56 | and renumbered as section 20.054, Florida Statutes, and amended |
| 57 | to read: |
| 58 | 20.054 14.32 Office of Chief Inspector General.- |
| 59 | (1) There is created in the Executive Office of the |
| 60 | Governor the Office of Chief Inspector General, which, for |
| 61 | administrative purposes only, shall be housed in the Executive |
| 62 | Office of the Governor. The Chief Inspector General shall be |
| 63 | responsible for promoting accountability, integrity, and |
| 64 | efficiency in the agencies under the jurisdiction of the |
| 65 | Governor and the Cabinet. The Chief Inspector General shall be |
| 66 | nominated by the Governor, and approved appointed by and serve |
| 67 | at the pleasure of the Cabinet Governor. |
| 68 | (2) The Chief Inspector General shall: |
| 69 | (a) Initiate, supervise, and coordinate investigations, |
| 70 | recommend policies, and carry out other activities designed to |
| 71 | deter, detect, prevent, and eradicate fraud, waste, abuse, |
| 72 | mismanagement, and misconduct in government. |
| 73 | (b) Investigate, upon receipt of a complaint or for cause, |
| 74 | any administrative action of any agency, the administration of |
| 75 | which is under the direct supervision of the Governor or |
| 76 | Cabinet, regardless of the finality of the administrative |
| 77 | action. |
| 78 | (c) Request such assistance and information as may be |
| 79 | necessary for the performance of the duties of the Chief |
| 80 | Inspector General. |
| 81 | (d) Examine the records and reports of any agency the |
| 82 | administration of which is under the direct supervision of the |
| 83 | Governor or Cabinet. |
| 84 | (e) Coordinate complaint-handling activities with |
| 85 | agencies. |
| 86 | (f) Coordinate the activities of the Whistle-blower's Act |
| 87 | pursuant to chapter 112 and maintain the whistle-blower's |
| 88 | hotline to receive complaints and information concerning the |
| 89 | possible violation of law or administrative rules, |
| 90 | mismanagement, fraud, waste, abuse of authority, malfeasance, or |
| 91 | a substantial or specific danger to the health, welfare, or |
| 92 | safety of the public. |
| 93 | (g) Report expeditiously to and cooperate fully with the |
| 94 | Department of Law Enforcement, the Department of Legal Affairs, |
| 95 | and other law enforcement agencies if when there are |
| 96 | recognizable grounds to believe that there has been a violation |
| 97 | of criminal law or that a civil action should be initiated. |
| 98 | (h) Act as liaison with outside agencies and the Federal |
| 99 | Government to promote accountability, integrity, and efficiency |
| 100 | in state government. |
| 101 | (i) Act as liaison and monitor the activities of the |
| 102 | inspectors general in the agencies under the Governor and |
| 103 | Cabinet, including the Executive Office of the Governor |
| 104 | Governor's jurisdiction. |
| 105 | (j) Review, evaluate, and monitor the policies, practices, |
| 106 | and operations of the Executive Office of the Governor. |
| 107 | (j)(k) Conduct special investigations and management |
| 108 | reviews at the request of the Governor and Cabinet. |
| 109 | (3) Related to public-private partnerships, the Chief |
| 110 | Inspector General: |
| 111 | (a) Shall advise public-private partnerships, including |
| 112 | Enterprise Florida, Inc., in their development, utilization, and |
| 113 | improvement of internal control measures necessary to ensure |
| 114 | fiscal accountability. |
| 115 | (b) May conduct, direct, and supervise audits relating to |
| 116 | the programs and operations of public-private partnerships. |
| 117 | (c) Shall receive and investigate complaints of fraud, |
| 118 | abuses, and deficiencies relating to programs and operations of |
| 119 | public-private partnerships. |
| 120 | (d) May request and have access to any records, data, and |
| 121 | other information in the possession of public-private |
| 122 | partnerships which the Chief Inspector General deems necessary |
| 123 | to carry out his or her responsibilities with respect to |
| 124 | accountability. |
| 125 | (e) Shall monitor public-private partnerships for |
| 126 | compliance with the terms and conditions of contracts with the |
| 127 | department and report noncompliance to the Governor. |
| 128 | (f) Shall advise public-private partnerships in the |
| 129 | development, utilization, and improvement of performance |
| 130 | measures for the evaluation of their operations. |
| 131 | (g) Shall review and make recommendations for improvements |
| 132 | in the actions taken by public-private partnerships to meet |
| 133 | performance standards. |
| 134 | (4) The Chief Inspector General shall serve as the |
| 135 | inspector general for the Executive Office of the Governor. |
| 136 | Section 2. Section 20.055, Florida Statutes, is amended to |
| 137 | read: |
| 138 | 20.055 Agency inspectors general.- |
| 139 | (1) For the purposes of this section: |
| 140 | (a) "State agency" means each department created pursuant |
| 141 | to this chapter, and also includes the Executive Office of the |
| 142 | Governor, the Cabinet agencies, the Department of Military |
| 143 | Affairs, the Fish and Wildlife Conservation Commission, the |
| 144 | Office of Insurance Regulation of the Financial Services |
| 145 | Commission, the Office of Financial Regulation of the Financial |
| 146 | Services Commission, the Public Service Commission, the Board of |
| 147 | Governors of the State University System, the Florida Housing |
| 148 | Finance Corporation, and the state courts system. |
| 149 | (b) "Agency head" means the Governor, a Cabinet officer, a |
| 150 | secretary as defined in s. 20.03(5), or an executive director as |
| 151 | defined in s. 20.03(6). It also includes the chair of the Public |
| 152 | Service Commission, the Director of the Office of Insurance |
| 153 | Regulation of the Financial Services Commission, the Director of |
| 154 | the Office of Financial Regulation of the Financial Services |
| 155 | Commission, the board of directors of the Florida Housing |
| 156 | Finance Corporation, and the Chief Justice of the State Supreme |
| 157 | Court. |
| 158 | (c) "Individuals substantially affected" means natural |
| 159 | persons who have established a real and sufficiently immediate |
| 160 | injury in fact due to the findings, conclusions, or |
| 161 | recommendations of a final report of a state agency inspector |
| 162 | general, who are the subject of the audit or investigation, and |
| 163 | who do not have or are not currently afforded an existing right |
| 164 | to an independent review process. The term does not include |
| 165 | employees of the state, including career service, probationary, |
| 166 | other personal service, Selected Exempt Service, and Senior |
| 167 | Management Service employees;, are not covered by this |
| 168 | definition. This definition also does not cover former employees |
| 169 | of the state if the final report of the state agency inspector |
| 170 | general relates to matters arising during a former employee's |
| 171 | term of state employment; or. This definition does not apply to |
| 172 | persons who are the subject of audits or investigations |
| 173 | conducted pursuant to ss. 112.3187-112.31895 or s. 409.913 or |
| 174 | which are otherwise confidential and exempt under s. 119.07. |
| 175 | (d) "Entities contracting with the state" means for-profit |
| 176 | and not-for-profit organizations or businesses having a legal |
| 177 | existence, such as corporations or partnerships, as opposed to |
| 178 | natural persons, which have entered into a relationship with a |
| 179 | state agency as defined in paragraph (a) to provide for |
| 180 | consideration certain goods or services for consideration to the |
| 181 | state agency or on behalf of the state agency. The relationship |
| 182 | may be evidenced by payment by warrant or purchasing card, |
| 183 | contract, purchase order, provider agreement, or other such |
| 184 | mutually agreed upon relationship. The term This definition does |
| 185 | not apply to entities that which are the subject of audits or |
| 186 | investigations conducted pursuant to ss. 112.3187-112.31895 or |
| 187 | s. 409.913 or that which are otherwise confidential and exempt |
| 188 | under s. 119.07. |
| 189 | (2) The Office of Inspector General is hereby established |
| 190 | in each state agency to coordinate and be responsible provide a |
| 191 | central point for coordination of and responsibility for |
| 192 | activities that promote accountability, integrity, and |
| 193 | efficiency in government. It is shall be the duty and |
| 194 | responsibility of each inspector general, with respect to the |
| 195 | state agency in which the office is established, to: |
| 196 | (a) Advise in the development of performance measures, |
| 197 | standards, and procedures for the evaluation of state agency |
| 198 | programs, including:. |
| 199 | 1.(b) Assessing Assess the reliability and validity of the |
| 200 | information provided by the state agency on performance outcomes |
| 201 | measures and standards, and making make recommendations for |
| 202 | improvement, if necessary, prior to submission of those outcomes |
| 203 | measures and standards to the Executive Office of the Governor |
| 204 | pursuant to s. 216.013 s. 216.0166(1). |
| 205 | 2.(c) Reviewing Review the actions taken by the state |
| 206 | agency to improve program performance and meet program standards |
| 207 | and making make recommendations for improvement, if necessary. |
| 208 | (b)(d) Provide direction for, supervise, and coordinate |
| 209 | audits, investigations, and management reviews relating to the |
| 210 | programs and operations of the state agency. If, except that |
| 211 | when the inspector general does not possess the qualifications |
| 212 | specified in subsection (4), the director of auditing shall |
| 213 | conduct such audits. |
| 214 | (c)(e) Conduct, supervise, or coordinate other activities |
| 215 | carried out or financed by that state agency for the purpose of |
| 216 | promoting economy and efficiency in the administration of, or |
| 217 | preventing and detecting fraud and abuse in, its programs and |
| 218 | operations. |
| 219 | (d)(f) Keep the such agency head and the Chief Inspector |
| 220 | General informed concerning any fraud, abuses, or and |
| 221 | deficiencies relating to programs and operations administered or |
| 222 | financed by the state agency, recommend corrective action |
| 223 | concerning such fraud, abuses, or and deficiencies, and report |
| 224 | on the progress made in implementing corrective action. However, |
| 225 | if the inspector general has reasonable concerns that keeping |
| 226 | the agency head informed may compromise any related |
| 227 | investigation, the inspector general shall first report such |
| 228 | concerns to the Chief Inspector General who shall make a |
| 229 | determination about whether to report to the agency head. If the |
| 230 | Chief Inspector General concludes that such investigation should |
| 231 | not be reported to the agency head, the Chief Inspector General |
| 232 | shall report such determination to the Governor and Cabinet. |
| 233 | (e)(g) Ensure effective coordination and cooperation |
| 234 | between the Auditor General, federal auditors, and other |
| 235 | governmental bodies in order to avoid with a view toward |
| 236 | avoiding duplication. |
| 237 | (f)(h) Review, as appropriate, rules relating to the |
| 238 | programs and operations of the such state agency and make |
| 239 | recommendations concerning their impact. |
| 240 | (g)(i) Ensure that an appropriate balance is maintained |
| 241 | between audit, investigative, and other accountability |
| 242 | activities. |
| 243 | (h)(j) Comply with the General Principles and Standards |
| 244 | for Offices of Inspector General as published and revised by the |
| 245 | Association of Inspectors General. |
| 246 | (3)(a) The inspector general of each state agency shall be |
| 247 | appointed by the Chief Inspector General, subject to the written |
| 248 | consent of the agency head. The inspector general shall be |
| 249 | appointed without regard to political affiliation. For agencies |
| 250 | under the direction of the Governor, the appointment shall be |
| 251 | made after notifying the Governor and the Chief Inspector |
| 252 | General in writing, at least 7 days prior to an offer of |
| 253 | employment, of the agency head's intention to hire the inspector |
| 254 | general. |
| 255 | (a)(b) Except as provided in paragraphs (2)(d) and (6)(g), |
| 256 | each inspector general shall report to and be under the general |
| 257 | supervision of the agency head and is shall not be subject to |
| 258 | supervision by any other employee of the state agency. The |
| 259 | inspector general shall be appointed without regard to political |
| 260 | affiliation. |
| 261 | (b)(c) An inspector general may be removed from office by |
| 262 | the Chief Inspector General, in consultation with the agency |
| 263 | head. Following consultation with the agency head For agencies |
| 264 | under the direction of the Governor, the Chief Inspector General |
| 265 | agency head shall notify the inspector general and the Governor |
| 266 | and Cabinet Governor and the Chief Inspector General, in |
| 267 | writing, of the intention to terminate the inspector general for |
| 268 | good cause shown at least 21 7 days before prior to the removal. |
| 269 | Good cause must be documented in the notification. The inspector |
| 270 | general may not be removed if an objection is made by the |
| 271 | Governor or Cabinet within the 21 days before removal. Removal |
| 272 | may be made if the objection is later rescinded. For state |
| 273 | agencies under the direction of the Governor and Cabinet, the |
| 274 | agency head shall notify the Governor and Cabinet in writing of |
| 275 | the intention to terminate the inspector general at least 7 days |
| 276 | prior to the removal. |
| 277 | (c)(d) An The agency head or agency staff may shall not |
| 278 | prevent or prohibit the inspector general from initiating, |
| 279 | carrying out, or completing any audit or investigation. |
| 280 | (4) The inspector general must be certified by the |
| 281 | Association of Inspectors General. To ensure that state agency |
| 282 | audits are performed in accordance with applicable auditing |
| 283 | standards, the inspector general or the director of auditing |
| 284 | within the inspector general's office must shall possess the |
| 285 | following qualifications: |
| 286 | (a) A bachelor's degree from an accredited college or |
| 287 | university with a major in accounting, or with a major in |
| 288 | business which includes five courses in accounting, and 5 years |
| 289 | of experience as an internal auditor or independent postauditor, |
| 290 | electronic data processing auditor, accountant, or any |
| 291 | combination thereof. The experience must, shall at a minimum, |
| 292 | consist of audits of units of government or private business |
| 293 | enterprises, operating for profit or not for profit; or |
| 294 | (b) A master's degree in accounting, business |
| 295 | administration, or public administration from an accredited |
| 296 | college or university and 4 years of experience as required in |
| 297 | paragraph (a); or |
| 298 | (c) A certified public accountant license issued pursuant |
| 299 | to chapter 473 or a certified internal audit certificate issued |
| 300 | by the Institute of Internal Auditors or earned by examination, |
| 301 | and 4 years of experience as required in paragraph (a). |
| 302 | (5) In carrying out the auditing duties and |
| 303 | responsibilities of this section act, each inspector general |
| 304 | shall review and evaluate internal controls necessary to ensure |
| 305 | the fiscal accountability of the state agency. The inspector |
| 306 | general shall conduct financial, compliance, electronic data |
| 307 | processing, and performance audits of the agency and prepare |
| 308 | audit reports of his or her findings. The scope and assignment |
| 309 | of the audits shall be determined by the inspector general; |
| 310 | however, the agency head may at any time direct the inspector |
| 311 | general to perform an audit of a special program, function, or |
| 312 | organizational unit. The performance of the audit shall be under |
| 313 | the direction of the inspector general, except that if the |
| 314 | inspector general does not possess the qualifications specified |
| 315 | in subsection (4), the director of auditing shall perform the |
| 316 | functions listed in this subsection. |
| 317 | (a) Such audits shall be conducted in accordance with the |
| 318 | current International Standards for the Professional Practice of |
| 319 | Internal Auditing as published by the Institute of Internal |
| 320 | Auditors, Inc., or, where appropriate, in accordance with |
| 321 | generally accepted governmental auditing standards. All audit |
| 322 | reports issued by internal audit staff must shall include a |
| 323 | statement that the audit was conducted pursuant to the |
| 324 | appropriate standards. |
| 325 | (b) Audit workpapers and reports are shall be public |
| 326 | records to the extent that they do not include information that |
| 327 | which has been made confidential and exempt from the provisions |
| 328 | of s. 119.07(1) pursuant to law. However, if when the inspector |
| 329 | general or a member of the staff receives a complaint or |
| 330 | information from an individual which a complaint or information |
| 331 | that falls within the definition provided in s. 112.3187(5), the |
| 332 | name or identity of the individual may shall not be disclosed to |
| 333 | anyone else without the written consent of the individual, |
| 334 | unless the inspector general determines that such disclosure is |
| 335 | unavoidable during the course of the audit or investigation. |
| 336 | (c) The inspector general and the staff shall have access |
| 337 | to any records, data, and other information of the state agency |
| 338 | he or she deems necessary to carry out his or her duties. The |
| 339 | inspector general may is also authorized to request such |
| 340 | information or assistance as may be necessary from the state |
| 341 | agency or from any federal, state, or local government entity. |
| 342 | (d) At the conclusion of each audit, the inspector general |
| 343 | shall submit preliminary findings and recommendations to the |
| 344 | person responsible for supervision of the program function or |
| 345 | operational unit who shall respond to any adverse findings |
| 346 | within 20 working days after receipt of the preliminary |
| 347 | findings. Such response and the inspector general's rebuttal to |
| 348 | the response shall be included in the final audit report. |
| 349 | (e) At the conclusion of an audit in which the subject of |
| 350 | the audit is a specific entity contracting with the state or an |
| 351 | individual substantially affected, if the audit is not |
| 352 | confidential or otherwise exempt from disclosure by law, the |
| 353 | inspector general shall, consistent with s. 119.07(1), submit |
| 354 | the findings to the entity contracting with the state or the |
| 355 | individual substantially affected, who shall be advised in |
| 356 | writing that they may submit a written response within 20 |
| 357 | working days after receipt of the findings. The response and the |
| 358 | inspector general's rebuttal to the response, if any, must be |
| 359 | included in the final audit report. |
| 360 | (f) The inspector general shall submit the final report to |
| 361 | the agency head and to the Auditor General. |
| 362 | (g) The Auditor General, in connection with the |
| 363 | independent postaudit of the same agency pursuant to s. 11.45, |
| 364 | shall give appropriate consideration to internal audit reports |
| 365 | and the resolution of findings therein. The Legislative Auditing |
| 366 | Committee may inquire into the reasons or justifications for |
| 367 | failure of the agency head to correct the deficiencies reported |
| 368 | in internal audits that are also reported by the Auditor General |
| 369 | and shall take appropriate action. |
| 370 | (h) The inspector general shall monitor the implementation |
| 371 | of the state agency's response to any report on the state agency |
| 372 | issued by the Auditor General or by the Office of Program Policy |
| 373 | Analysis and Government Accountability. Within No later than 6 |
| 374 | months after the Auditor General or the Office of Program Policy |
| 375 | Analysis and Government Accountability publishes a report on the |
| 376 | state agency, the inspector general shall provide a written |
| 377 | response to the agency head on the status of corrective actions |
| 378 | taken. The Inspector General shall file a copy of such response |
| 379 | with the Legislative Auditing Committee. |
| 380 | (i) The inspector general shall develop long-term and |
| 381 | annual audit plans based on the findings of periodic risk |
| 382 | assessments. The plan, where appropriate, should include |
| 383 | postaudit samplings of payments and accounts. The plan shall |
| 384 | show the individual audits to be conducted during each year and |
| 385 | related resources to be devoted to the respective audits. The |
| 386 | Chief Financial Officer, to assist in fulfilling the |
| 387 | responsibilities for examining, auditing, and settling accounts, |
| 388 | claims, and demands pursuant to s. 17.03(1), and examining, |
| 389 | auditing, adjusting, and settling accounts pursuant to s. 17.04, |
| 390 | may use utilize audits performed by the inspectors general and |
| 391 | internal auditors. For state agencies under the Governor, The |
| 392 | audit plans shall be submitted to the Governor's Chief Inspector |
| 393 | General. The plan shall be submitted to the agency head for |
| 394 | approval. A copy of the approved plan shall be submitted to the |
| 395 | Auditor General. |
| 396 | (6) In carrying out the investigative duties and |
| 397 | responsibilities specified in this section, each inspector |
| 398 | general shall initiate, conduct, supervise, and coordinate |
| 399 | investigations designed to detect, deter, prevent, and eradicate |
| 400 | fraud, waste, mismanagement, misconduct, and other abuses in |
| 401 | state government. For these purposes, each inspector general |
| 402 | shall: |
| 403 | (a) Establish an internal procedure for receiving concerns |
| 404 | or complaints from state agency personnel and a link on the |
| 405 | state agency's website for receiving concerns or complaints from |
| 406 | clients or vendors of the agency or other members of the public. |
| 407 | (b)(a) Receive complaints and coordinate all activities of |
| 408 | the agency as required by the Whistle-blower's Act pursuant to |
| 409 | ss. 112.3187-112.31895. |
| 410 | (c)(b) Receive and consider the complaints that which do |
| 411 | not meet the criteria for an investigation under the Whistle- |
| 412 | blower's Act and conduct, supervise, or coordinate such |
| 413 | inquiries, investigations, or reviews as the inspector general |
| 414 | deems appropriate. |
| 415 | (d)(c) Report expeditiously to the Department of Law |
| 416 | Enforcement or other law enforcement agencies, as appropriate, |
| 417 | whenever the inspector general has reasonable grounds to believe |
| 418 | there has been a violation of criminal law. However, the |
| 419 | inspector general for the Department of Law Enforcement may |
| 420 | consult with the Chief Inspector General before reporting |
| 421 | instances of suspected criminal acts within the Department of |
| 422 | Law Enforcement. The Chief Inspector General shall make a |
| 423 | determination of whether such investigation shall be reported to |
| 424 | the executive director of the Department of Law Enforcement. If |
| 425 | the Chief Inspector General determines that such instances |
| 426 | should not be reported to the executive director, he or she |
| 427 | shall report such determination to the Governor and Cabinet. |
| 428 | (e)(d) Conduct investigations and other inquiries free of |
| 429 | actual or perceived impairment to the independence of the |
| 430 | inspector general or the inspector general's office. This |
| 431 | includes shall include freedom from any interference with |
| 432 | investigations and timely access to records and other sources of |
| 433 | information. |
| 434 | (f)(e) At the conclusion of each investigation in which |
| 435 | the subject of the investigation is a specific entity |
| 436 | contracting with the state or an individual substantially |
| 437 | affected as defined by this section, and if the investigation is |
| 438 | not confidential or otherwise exempt from disclosure by law, the |
| 439 | inspector general shall, consistent with s. 119.07(1), submit |
| 440 | findings to the subject that is a specific entity contracting |
| 441 | with the state or an individual substantially affected, who |
| 442 | shall be advised in writing that they may submit a written |
| 443 | response within 20 working days after receipt of the findings. |
| 444 | Such response and the inspector general's rebuttal to the |
| 445 | response, if any, shall be included in the final investigative |
| 446 | report. |
| 447 | (g)(f) Submit in a timely fashion final reports on |
| 448 | investigations conducted by the inspector general to the agency |
| 449 | head and the Chief Inspector General, except for whistle- |
| 450 | blower's investigations, which shall be conducted and reported |
| 451 | pursuant to s. 112.3189. |
| 452 | (7)(a) Except as provided in paragraph (b), Each inspector |
| 453 | general shall, by not later than September 30 of each year, |
| 454 | prepare an annual report summarizing the activities of the |
| 455 | office during the immediately preceding state fiscal year. |
| 456 | However, |
| 457 | (b) the inspector general of the Florida Housing Finance |
| 458 | Corporation shall, within not later than 90 days after the end |
| 459 | of each fiscal year, prepare an annual report summarizing the |
| 460 | activities of the office of inspector general during the |
| 461 | immediately preceding fiscal year. |
| 462 | (c) The final reports prepared pursuant to paragraphs (a) |
| 463 | and (b) shall be furnished to the heads of the respective |
| 464 | agencies and the Chief Inspector General. Such reports shall |
| 465 | include, but need not be limited to: |
| 466 | (a)1. A description of activities relating to the |
| 467 | development, assessment, and validation of performance measures. |
| 468 | (b)2. A description of significant problems, abuses, and |
| 469 | deficiencies relating to the administration of programs and |
| 470 | operations of the agency disclosed by investigations, audits, |
| 471 | reviews, or other activities during the reporting period. |
| 472 | (c)3. A description of the recommendations for corrective |
| 473 | action made by the inspector general during the reporting period |
| 474 | with respect to significant problems, abuses, or deficiencies |
| 475 | identified. |
| 476 | (d)4. The identification of each significant |
| 477 | recommendation described in previous annual reports on which |
| 478 | corrective action has not been completed. |
| 479 | (e)5. A summary of each audit and investigation completed |
| 480 | during the reporting period. |
| 481 | (8) The inspector general in each state agency shall |
| 482 | provide to the agency head and the Chief Inspector General, upon |
| 483 | receipt, all written complaints concerning the duties and |
| 484 | responsibilities in this section, or any allegation of |
| 485 | misconduct related to the office of the inspector general or its |
| 486 | employees, if received from subjects of audits or investigations |
| 487 | who are individuals substantially affected or entities |
| 488 | contracting with the state, as defined in this section. For |
| 489 | agencies solely under the direction of the Governor, the |
| 490 | inspector general shall also provide the complaint to the Chief |
| 491 | Inspector General. |
| 492 | (9) Each agency inspector general shall, to the extent |
| 493 | both necessary and practicable, include on his or her staff |
| 494 | individuals with electronic data processing auditing experience. |
| 495 | One or more of the investigators within the office must be a |
| 496 | sworn law enforcement officer. |
| 497 | Section 3. Paragraph (d) of subsection (3) and subsection |
| 498 | (7) of section 112.3187, Florida Statutes, are amended to read: |
| 499 | 112.3187 Adverse action against employee for disclosing |
| 500 | information of specified nature prohibited; employee remedy and |
| 501 | relief.- |
| 502 | (3) DEFINITIONS.-As used in this act, unless otherwise |
| 503 | specified, the following words or terms shall have the meanings |
| 504 | indicated: |
| 505 | (d) "Independent contractor" means an individual or |
| 506 | business entity a person, other than an agency, engaged in any |
| 507 | business, and who enters into a contract, including a provider |
| 508 | agreement, with an agency, or who otherwise receives public |
| 509 | funds to perform a public service. |
| 510 | (7) EMPLOYEES AND PERSONS PROTECTED.-This section protects |
| 511 | employees and persons who disclose information on their own |
| 512 | initiative in a written and signed complaint; who are requested |
| 513 | to participate in an investigation, hearing, or other inquiry |
| 514 | conducted by any agency or federal government entity; who refuse |
| 515 | to participate in any adverse action prohibited by this section; |
| 516 | or who initiate a complaint through the whistle-blower's hotline |
| 517 | or the hotline of the Medicaid Fraud Control Unit of the |
| 518 | Department of Legal Affairs; or employees who file a any written |
| 519 | complaint to their supervisory officials or employees who submit |
| 520 | a complaint to the Chief Inspector General in the Executive |
| 521 | Office of the Governor, to the employee designated as agency |
| 522 | inspector general under s. 112.3189(1), or to the Florida |
| 523 | Commission on Human Relations. The provisions of this section |
| 524 | may not be used by a person while he or she is under the care, |
| 525 | custody, or control of the state correctional system or, after |
| 526 | release from the care, custody, or control of the state |
| 527 | correctional system, with respect to circumstances that occurred |
| 528 | during any period of incarceration. No remedy or other |
| 529 | protection under ss. 112.3187-112.31895 applies to any person |
| 530 | who has committed or intentionally participated in committing |
| 531 | the violation or suspected violation for which protection under |
| 532 | ss. 112.3187-112.31895 is being sought. |
| 533 | Section 4. Subsection (1) of section 112.3189, Florida |
| 534 | Statutes, is amended, and subsection (12) is added to that |
| 535 | section, to read: |
| 536 | 112.3189 Investigative procedures upon receipt of whistle- |
| 537 | blower information from certain state employees.- |
| 538 | (1) This section only applies only to the disclosure of |
| 539 | information as described in s. 112.3187(5) by an employee or |
| 540 | former employee of, or an applicant for employment with, a state |
| 541 | agency, as the term "state agency" is defined in s. 216.011, to |
| 542 | the Office of the Chief Inspector General of the Executive |
| 543 | Office of the Governor or to the agency inspector general. If an |
| 544 | agency does not have an inspector general, the head of the state |
| 545 | agency, as defined in s. 216.011, shall designate an employee to |
| 546 | receive such information described in s. 112.3187(5). For |
| 547 | purposes of this section and s. 112.3188 only, the employee |
| 548 | designated by the head of the state agency shall be deemed an |
| 549 | agency inspector general. |
| 550 | (12) If the investigation under this section, or any |
| 551 | subsequent criminal action, results in the recovery of state |
| 552 | funds, the employee disclosing the information may receive up to |
| 553 | 15 percent of the amount recovered. |
| 554 | Section 5. Paragraph (a) of subsection (1) and paragraph |
| 555 | (a) of subsection (3) of section 112.31895, Florida Statutes, |
| 556 | are amended to read: |
| 557 | 112.31895 Investigative procedures in response to |
| 558 | prohibited personnel actions.- |
| 559 | (1)(a) If a disclosure under s. 112.3187 includes or |
| 560 | results in alleged retaliation by an employer, the employee or |
| 561 | former employee of, or applicant for employment with, a state |
| 562 | agency, as defined in s. 216.011, which that is so affected may |
| 563 | file a complaint alleging a prohibited personnel action, which |
| 564 | complaint must be made by filing a written complaint with the |
| 565 | Office of the Chief Inspector General in the Executive Office of |
| 566 | the Governor or the Florida Commission on Human Relations |
| 567 | within, no later than 60 days after the prohibited personnel |
| 568 | action. |
| 569 | (3) CORRECTIVE ACTION AND TERMINATION OF INVESTIGATION.- |
| 570 | (a) The Florida Commission on Human Relations, in |
| 571 | accordance with this act and for the sole purpose of this act, |
| 572 | is empowered to: |
| 573 | 1. Receive and investigate complaints from employees |
| 574 | alleging retaliation by state agencies, as the term "state |
| 575 | agency" is defined in s. 216.011. |
| 576 | 2. Protect employees and applicants for employment with |
| 577 | such agencies from prohibited personnel practices under s. |
| 578 | 112.3187. |
| 579 | 3. Petition for stays and petition for corrective actions, |
| 580 | including, but not limited to, temporary reinstatement. |
| 581 | 4. Recommend disciplinary proceedings pursuant to |
| 582 | investigation and appropriate agency rules and procedures. |
| 583 | 5. Coordinate with the Chief Inspector General in the |
| 584 | Executive Office of the Governor and the Florida Commission on |
| 585 | Human Relations to receive, review, and forward to appropriate |
| 586 | agencies, legislative entities, or the Department of Law |
| 587 | Enforcement disclosures of a violation of any law, rule, or |
| 588 | regulation, or disclosures of gross mismanagement, malfeasance, |
| 589 | misfeasance, nonfeasance, neglect of duty, or gross waste of |
| 590 | public funds. |
| 591 | 6. Review rules pertaining to personnel matters issued or |
| 592 | proposed by the Department of Management Services, the Public |
| 593 | Employees Relations Commission, and other agencies, and, if the |
| 594 | Florida Commission on Human Relations finds that any rule or |
| 595 | proposed rule, on its face or as implemented, requires the |
| 596 | commission of a prohibited personnel practice, provide a written |
| 597 | comment to the appropriate agency. |
| 598 | 7. Investigate, request assistance from other governmental |
| 599 | entities, and, if appropriate, bring actions concerning, |
| 600 | allegations of retaliation by state agencies under subparagraph |
| 601 | 1. |
| 602 | 8. Administer oaths, examine witnesses, take statements, |
| 603 | issue subpoenas, order the taking of depositions, order |
| 604 | responses to written interrogatories, and make appropriate |
| 605 | motions to limit discovery, pursuant to investigations under |
| 606 | subparagraph 1. |
| 607 | 9. Intervene or otherwise participate, as a matter of |
| 608 | right, in any appeal or other proceeding arising under this |
| 609 | section before the Public Employees Relations Commission or any |
| 610 | other appropriate agency, except that the Florida Commission on |
| 611 | Human Relations must comply with the rules of the commission or |
| 612 | other agency and may not seek corrective action or intervene in |
| 613 | an appeal or other proceeding without the consent of the person |
| 614 | protected under ss. 112.3187-112.31895. |
| 615 | 10. Conduct an investigation, in the absence of an |
| 616 | allegation, to determine whether reasonable grounds exist to |
| 617 | believe that a prohibited action or a pattern of prohibited |
| 618 | action has occurred, is occurring, or is to be taken. |
| 619 | Section 6. Subsections (1) and (2) of section 112.31901, |
| 620 | Florida Statutes, are amended to read: |
| 621 | 112.31901 Investigatory records.- |
| 622 | (1) If certified pursuant to subsection (2), an |
| 623 | investigatory record of the Chief Inspector General within the |
| 624 | Executive Office of the Governor or of the employee designated |
| 625 | by an agency head as the agency inspector general under s. |
| 626 | 112.3189 is exempt from s. 119.07(1) and s. 24(a), Art. I of the |
| 627 | State Constitution until the investigation ceases to be active, |
| 628 | or a report detailing the investigation is provided to the |
| 629 | Governor or the agency head, or 60 days from the inception of |
| 630 | the investigation for which the record was made or received, |
| 631 | whichever first occurs. Investigatory records are those records |
| 632 | that are related to the investigation of an alleged, specific |
| 633 | act or omission or other wrongdoing, with respect to an |
| 634 | identifiable person or group of persons, based on information |
| 635 | compiled by the Chief Inspector General or by an agency |
| 636 | inspector general, as named under the provisions of s. 112.3189, |
| 637 | in the course of an investigation. An investigation is active if |
| 638 | it is continuing with a reasonable, good faith anticipation of |
| 639 | resolution and with reasonable dispatch. |
| 640 | (2) The Cabinet Governor, in the case of the Chief |
| 641 | Inspector General, or agency head, in the case of an employee |
| 642 | designated as the agency inspector general under s. 112.3189, |
| 643 | may certify that such investigatory records require an exemption |
| 644 | to protect the integrity of the investigation or avoid |
| 645 | unwarranted damage to an individual's good name or reputation. |
| 646 | The certification must specify the nature and purpose of the |
| 647 | investigation and shall be kept with the exempt records and made |
| 648 | public when the records are made public. |
| 649 | Section 7. Section 287.0565, Florida Statutes, is created |
| 650 | to read: |
| 651 | 287.0565 Purchasing cards.- |
| 652 | (1) The department shall adopt rules establishing |
| 653 | standards and procedures for the use of purchasing cards by |
| 654 | state agencies. |
| 655 | (2) Each agency inspector general shall conduct periodic |
| 656 | audits of the use of purchasing cards in order to monitor and |
| 657 | confirm the actual purchase of authorized goods and services by |
| 658 | agency employees. |
| 659 | Section 8. This act shall take effect July 1, 2012. |