Florida Senate - 2017 COMMITTEE AMENDMENT
Bill No. SB 1480
Ì652786SÎ652786
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/17/2017 .
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The Committee on Governmental Oversight and Accountability
(Baxley) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsection (6) is added to section 14.32,
6 Florida Statutes, to read:
7 14.32 Office of Chief Inspector General.—
8 (6) Any audit or investigative workpapers, records,
9 reports, reviews, inquiries, or other documentation obtained or
10 created during or in relation to any audit or investigation
11 conducted pursuant to this section are confidential and exempt
12 from s. 119.07(1) and s. 24(a), Art. I of the State Constitution
13 until completion of such audit or investigation or upon issuance
14 of a final report. Upon completion of such audit or
15 investigation or upon issuance of a final report, the audit or
16 investigative workpapers, records, reports, reviews, inquiries,
17 or other documentation obtained or created during or in relation
18 to the audit or investigation shall be public records to the
19 extent that they do not include information that has been made
20 exempt or confidential and exempt from s. 119.07(1) or s. 24(a),
21 Art. I of the State Constitution. This subsection is subject to
22 the Open Government Sunset Review Act in accordance with s.
23 119.15 and shall stand repealed on October 2, 2022, unless
24 reviewed and saved from repeal through reenactment by the
25 Legislature.
26 Section 2. Paragraph (b) of subsection (6) and subsection
27 (7) of section 20.055, Florida Statutes, are amended to read:
28 20.055 Agency inspectors general.—
29 (6) In carrying out the auditing duties and
30 responsibilities of this act, each inspector general shall
31 review and evaluate internal controls necessary to ensure the
32 fiscal accountability of the state agency. The inspector general
33 shall conduct financial, compliance, electronic data processing,
34 and performance audits of the agency and prepare audit reports
35 of his or her findings. The scope and assignment of the audits
36 shall be determined by the inspector general; however, the
37 agency head may at any time request the inspector general to
38 perform an audit of a special program, function, or
39 organizational unit. The performance of the audit shall be under
40 the direction of the inspector general, except that if the
41 inspector general does not possess the qualifications specified
42 in subsection (4), the director of auditing shall perform the
43 functions listed in this subsection.
44 (b) Any audit workpapers, records, reports, reviews,
45 inquiries, or other documentation obtained or created during or
46 in relation to any audit conducted pursuant to this section are
47 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
48 of the State Constitution until completion of such audit or upon
49 issuance of a final report. Upon completion of such audit or
50 upon issuance of a final report, the audit workpapers, records,
51 and reports, reviews, inquiries, or other documentation obtained
52 or created during or in relation to the audit shall be public
53 records to the extent that they do not include information that
54 which has been made exempt or confidential and exempt from the
55 provisions of s. 119.07(1) or s. 24(a), Art. I of the State
56 Constitution pursuant to law. However, When the inspector
57 general or a member of the staff receives from an individual a
58 complaint or information that falls within the definition
59 provided in s. 112.3187(5), the name or identity of the
60 individual may not be disclosed to anyone else without the
61 written consent of the individual, unless the inspector general
62 determines that such disclosure is unavoidable during the course
63 of the audit or investigation. This paragraph is subject to the
64 Open Government Sunset Review Act in accordance with s. 119.15
65 and shall stand repealed on October 2, 2022, unless reviewed and
66 saved from repeal through reenactment by the Legislature.
67 (7)(a) In carrying out the investigative duties and
68 responsibilities specified in this section, each inspector
69 general shall initiate, conduct, supervise, and coordinate
70 investigations designed to detect, deter, prevent, and eradicate
71 fraud, waste, mismanagement, misconduct, and other abuses in
72 state government. For these purposes, each inspector general
73 shall:
74 1.(a) Receive complaints and coordinate all activities of
75 the agency as required by the Whistle-blower’s Act pursuant to
76 ss. 112.3187-112.31895.
77 2.(b) Receive and consider the complaints which do not meet
78 the criteria for an investigation under the Whistle-blower’s Act
79 and conduct, supervise, or coordinate such inquiries,
80 investigations, or reviews as the inspector general deems
81 appropriate.
82 3.(c) Report expeditiously to the Department of Law
83 Enforcement or other law enforcement agencies, as appropriate,
84 whenever the inspector general has reasonable grounds to believe
85 there has been a violation of criminal law.
86 4.(d) Conduct investigations and other inquiries free of
87 actual or perceived impairment to the independence of the
88 inspector general or the inspector general’s office. This shall
89 include freedom from any interference with investigations and
90 timely access to records and other sources of information.
91 5.(e) At the conclusion of each investigation in which the
92 subject of the investigation is a specific entity contracting
93 with the state or an individual substantially affected as
94 defined by this section, and if the investigation is not
95 confidential or otherwise exempt from disclosure by law, the
96 inspector general shall, consistent with s. 119.07(1) and s.
97 24(a), Art. I of the State Constitution, submit findings to the
98 subject that is a specific entity contracting with the state or
99 an individual substantially affected, who shall be advised in
100 writing that they may submit a written response within 20
101 working days after receipt of the findings. Such response and
102 the inspector general’s rebuttal to the response, if any, shall
103 be included in the final investigative report.
104 6.(f) Submit in a timely fashion final reports on
105 investigations conducted by the inspector general to the agency
106 head, except for whistle-blower’s investigations, which shall be
107 conducted and reported pursuant to s. 112.3189.
108 (b) Any investigative workpapers, records, reports,
109 reviews, inquiries, or other documentation obtained or created
110 during or in relation to an investigation conducted pursuant to
111 this section are confidential and exempt from s. 119.07(1) and
112 s. 24(a), Art. I of the State Constitution until completion of
113 such investigation or upon issuance of a final report. Upon
114 completion of an investigation or upon issuance of a final
115 report, the investigative workpapers, records, reports, reviews,
116 inquiries, or other documentation obtained or created during or
117 in relation to an investigation shall be public records to the
118 extent that they do not include information that has been made
119 exempt or confidential and exempt from s. 119.07(1) or s. 24(a),
120 Art. I of the State Constitution. This paragraph is subject to
121 the Open Government Sunset Review Act in accordance with s.
122 119.15 and shall stand repealed on October 2, 2022, unless
123 reviewed and saved from repeal through reenactment by the
124 Legislature.
125 Section 3. The Legislature finds that it is a public
126 necessity that any audit or investigative workpapers, records,
127 reports, reviews, inquiries, or other documentation obtained or
128 created during or in relation to any audit or investigation
129 conducted by the Chief Inspector General or an agency inspector
130 general be made confidential and exempt from s. 119.07(1),
131 Florida Statutes, and s. 24(a), Article I of the State
132 Constitution until completion of such audit or investigation or
133 issuance of a final report. The Legislature further finds that
134 the public release of any such audit or investigative
135 workpapers, records, reports, reviews, inquiries, or other
136 documentation during an audit or investigation prior to
137 completion of such audit or investigaton or issuance of a final
138 report could jeopardize the overall integrity of such audit or
139 investigation and any subsequent findings and recommendations
140 issued by the Chief Inspector General or an agency inspector
141 general. The exemptions from public records requirements are
142 necessary to ensure that the Chief Inspector General and agency
143 inspectors general are able to reasonably and effectively
144 conduct independent and complete audits or investigations as
145 necessary to fulfill their duties and responsibilities specified
146 in ss. 14.32 and 20.055, Florida Statutes, respectively.
147 Section 4. This act shall take effect on the same date that
148 SB 1478 or similar legislation takes effect, if such legislation
149 is adopted in the same legislative session or an extension
150 thereof and becomes law.
151
152 ================= T I T L E A M E N D M E N T ================
153 And the title is amended as follows:
154 Delete everything before the enacting clause
155 and insert:
156 A bill to be entitled
157 An act relating to public records; amending ss. 14.32
158 and 20.055, F.S.; providing exemptions from public
159 records requirements for audit or investigative
160 workpapers, records, reports, reviews, inquiries, or
161 other documentation obtained or created during or in
162 relation to any audit or investigation by the Chief
163 Inspector General or an agency inspector general until
164 completion of such audit or investigation or issuance
165 of a final report; providing for future legislative
166 review and repeal of the exemptions; providing a
167 statement of public necessity; providing a contingent
168 effective date.