Florida Senate - 2015 COMMITTEE AMENDMENT
Bill No. CS for SB 1304
Ì880540|Î880540
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/02/2015 .
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Appropriations Subcommittee on General Government (Dean)
recommended the following:
1 Senate Amendment
2
3 Delete lines 174 - 294
4 and insert:
5 (b) The inspector general shall report to and be under the
6 general supervision of the agency head and is not subject to
7 supervision by any other employee of the state agency in which
8 the office is established. For state agencies under the
9 jurisdiction of the Governor, the inspector general shall be
10 under the general supervision of the agency head for
11 administrative purposes, shall report to the Chief Inspector
12 General, and may hire and remove staff within the office of the
13 inspector general in consultation with the Chief Inspector
14 General but independently of the agency.
15 (c) For state agencies under the jurisdiction of the
16 Cabinet or the Governor and Cabinet, the inspector general may
17 be removed from office by the agency head. For state agencies
18 under the jurisdiction of the Governor, the inspector general
19 may only be removed from office by the Chief Inspector General
20 for cause, including concerns regarding performance,
21 malfeasance, misfeasance, misconduct, or failure to carry out
22 his or her duties under this section. The Chief Inspector
23 General shall notify the Governor in writing of his or her
24 intention to remove the inspector general at least 21 days
25 before the removal. For state agencies under the jurisdiction of
26 the Governor and Cabinet, the agency head shall notify the
27 Governor and Cabinet in writing of his or her intention to
28 remove the inspector general at least 21 days before the
29 removal. If the inspector general disagrees with the removal,
30 the inspector general may present objections in writing to the
31 Governor within the 21-day period.
32 (d) The Governor, the Governor and Cabinet, the agency
33 head, or agency staff may not prevent or prohibit the inspector
34 general from initiating, carrying out, or completing any audit
35 or investigation.
36 (4)(a) To ensure that state agency audits are performed in
37 accordance with applicable auditing standards, the inspector
38 general or the director of auditing within the inspector
39 general’s office shall possess the following qualifications:
40 1.(a) A bachelor’s degree from an accredited college or
41 university with a major in accounting, or with a major in
42 business which includes five courses in accounting, and 5 years
43 of experience as an internal auditor or independent postauditor,
44 electronic data processing auditor, accountant, or any
45 combination thereof. At a minimum, the experience must shall at
46 a minimum consist of audits of units of government or private
47 business enterprises, operating for profit or not for profit; or
48 2.(b) A master’s degree in accounting, business
49 administration, or public administration from an accredited
50 college or university and 4 years of the professional experience
51 as required under subparagraph 1. in paragraph (a); or
52 3.(c) A certified public accountant license issued pursuant
53 to chapter 473 or a certified internal audit certificate issued
54 by the Institute of Internal Auditors or earned by examination,
55 and 4 years of the professional experience as required under
56 subparagraph 1. in paragraph (a).
57 (b) For agencies under the jurisdiction of the Governor,
58 the inspector general shall be selected on the basis of
59 integrity, leadership capability, and experience in accounting,
60 auditing, financial analysis, law, management analysis, program
61 evaluation, public administration, investigation, criminal
62 justice administration, or another closely related field. The
63 inspector general is subject to level 2 background screening
64 pursuant to chapter 435. The inspector general shall have a 4
65 year degree from an accredited institution of higher learning or
66 at least 5 years of experience in at least one of the following
67 areas:
68 1. Inspector general.
69 2. Supervisory experience in an office of inspector general
70 or an investigative public agency similar to an office of
71 inspector general.
72 3. Local, state, or federal law enforcement officer.
73 4. Local, state, or federal court judge.
74 5. Senior-level auditor or comptroller.
75 6. The administration and management of complex audits and
76 investigations.
77 7. Managing programs for prevention, examination,
78 detection, elimination of fraud, waste, abuse, mismanagement,
79 malfeasance, or misconduct in government or organizations.
80
81 An advanced degree in law, accounting, public administration, or
82 another relevant field may substitute for 1 year of required
83 experience.
84 (c) The inspector general shall possess at appointment, or
85 obtain within the first year after appointment, a certification
86 from the Association of Inspectors General as a certified
87 inspector general. The inspector general shall have at least one
88 other related professional certification, such as certified
89 inspector general investigator, certified inspector general
90 auditor, certified public accountant, certified internal
91 auditor, certified governmental financial manager, certified
92 fraud examiner, or certified financial crimes investigator, or
93 be a licensed attorney.
94 (d) The inspector general may not hold, or be a candidate
95 for, an elective office with the state or any municipality,
96 county, or other political subdivision of the state while
97 inspector general, and a current officer or employee of an
98 office of inspector general may not hold, or be a candidate for,
99 an elective office with the state or any municipality, county,
100 or other political subdivision of the state. The inspector
101 general may not hold office in a political party or political
102 committee. An employee of an office of inspector general may not
103 hold office in a political party or political committee while
104 employed in the office of inspector general.
105 (5) The inspector general and his or her staff shall have
106 access to any records, data, and other information of the state
107 agency which he or she deems necessary to carry out his or her
108 duties. The inspector general, at all times, shall have access
109 to a building or facility that is owned, operated, or leased by
110 a department, agency, board, or commission, or a property held
111 in trust to the state if the inspector general deems such access
112 necessary to carry out his or her duties. The inspector general
113 may also request such information or assistance as may be
114 necessary from the state agency or from any federal, state, or
115 local governmental entity.
116 (6) It is the duty of every state officer, employee,
117 agency, special district, board, commission, contractor, and
118 subcontractor to cooperate with the inspector general in any
119 investigation, audit, inspection, review, or hearing pursuant to
120 this section. Beginning July 1, 2015, each contract, bid,
121 proposal, and application or solicitation for a contract must
122 contain a statement that the corporation, partnership, or person
123 understands and will comply with this subsection.