Bill Amendment: FL S1328 | 2014 | Regular Session

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: Inspectors General

Status: 2014-04-30 - Laid on Table, companion bill(s) passed, see CS/CS/HB 1385 (Ch. 2014-144) [S1328 Detail]

Download: Florida-2014-S1328-Senate_Committee_Amendment_881588.html

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       Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. SB 1328
       
       
       
       
       
       
                                Ì881588\Î881588                         
       
                              LEGISLATIVE ACTION                        
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       (Hays) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 12 - 131
    4  and insert:
    5         Section 1. Subsection (1) and paragraph (e) of subsection
    6  (2) of section 14.32, Florida Statutes, are amended to read:
    7         14.32 Office of Chief Inspector General.—
    8         (1) There is created in the Executive Office of the
    9  Governor the Office of Chief Inspector General. The Chief
   10  Inspector General is shall be responsible for promoting
   11  accountability, integrity, and efficiency in the agencies under
   12  the jurisdiction of the Governor. The Chief Inspector General
   13  shall be appointed by the Governor, subject to confirmation by
   14  the Senate, and shall serve at the pleasure of the Governor.
   15         (2) The Chief Inspector General shall:
   16         (e) Coordinate complaint-handling activities with agencies
   17  and provide for independent legal counsel for inspectors general
   18  in agencies under the jurisdiction of the Governor.
   19         Section 2. Subsections (2), (3), (5), (7), and (8) of
   20  section 20.055, Florida Statutes, are amended to read:
   21         20.055 Agency inspectors general.—
   22         (2) The Office of Inspector General is hereby established
   23  in each state agency to provide a central point for coordination
   24  of and responsibility for activities that promote
   25  accountability, integrity, and efficiency in government. It
   26  shall be the duty and responsibility of Each inspector general,
   27  with respect to the state agency in which the office is
   28  established, shall to:
   29         (a) Advise in the development of performance measures,
   30  standards, and procedures for the evaluation of state agency
   31  programs.
   32         (b) Assess the reliability and validity of the information
   33  provided by the state agency on performance measures and
   34  standards, and make recommendations for improvement, if
   35  necessary, before prior to submission of such information those
   36  measures and standards to the Executive Office of the Governor
   37  pursuant to s. 216.1827 s. 216.0166(1).
   38         (c) Review the actions taken by the state agency to improve
   39  program performance and meet program standards and make
   40  recommendations for improvement, if necessary.
   41         (d) Provide direction for, supervise, and coordinate
   42  audits, investigations, and management reviews relating to the
   43  programs and operations of the state agency, except that when
   44  the inspector general does not possess the qualifications
   45  specified in subsection (4), the director of auditing shall
   46  conduct such audits.
   47         (e) Conduct, supervise, or coordinate other activities
   48  carried out or financed by that state agency for the purpose of
   49  promoting economy and efficiency in the administration of, or
   50  preventing and detecting fraud and abuse in, its programs and
   51  operations.
   52         (f) Keep the such agency head and, for state agencies under
   53  the jurisdiction of the Governor, the Chief Inspector General,
   54  informed concerning fraud, abuses, and deficiencies relating to
   55  programs and operations administered or financed by the state
   56  agency, recommend corrective action concerning fraud, abuses,
   57  and deficiencies, and report on the progress made in
   58  implementing corrective action.
   59         (g) Ensure effective coordination and cooperation between
   60  the Auditor General, federal auditors, and other governmental
   61  bodies with a view toward avoiding duplication.
   62         (h) Review, as appropriate, rules relating to the programs
   63  and operations of such state agency and make recommendations
   64  concerning their impact.
   65         (i) Ensure that an appropriate balance is maintained
   66  between audit, investigative, and other accountability
   67  activities.
   68         (j) Comply with the General Principles and Standards for
   69  Offices of Inspector General as published and revised by the
   70  Association of Inspectors General.
   71         (3)(a) For state agencies under the jurisdiction of the
   72  Governor, the inspector general shall be appointed by the Chief
   73  Inspector General agency head. For all other state agencies
   74  under the direction of the Governor, the inspector general shall
   75  be appointed by the agency head. The agency head or Chief
   76  Inspector General shall notify appointment shall be made after
   77  notifying the Governor and the Chief Inspector General in
   78  writing, at least 7 days prior to an offer of employment, of his
   79  or her the agency head’s intention to hire the inspector general
   80  at least 7 days before an offer of employment. The inspector
   81  general shall be appointed without regard to political
   82  affiliation.
   83         (b) The Each inspector general shall report to and be under
   84  the general supervision of the agency head and is shall not be
   85  subject to supervision by any other employee of the state agency
   86  in which the office is established. In addition, for state
   87  agencies under the jurisdiction of the Governor, the inspector
   88  general shall report to the Chief Inspector General, and may
   89  hire and remove staff within the office of the inspector general
   90  in consultation with the Chief Inspector General but
   91  independently of the agency The inspector general shall be
   92  appointed without regard to political affiliation.
   93         (c)1. For state agencies under the jurisdiction of the
   94  Governor, the An inspector general may be removed from office by
   95  the Chief Inspector General for cause, including concerns
   96  regarding performance, malfeasance, misfeasance, misconduct, or
   97  failure to carry out his or her duties under this section agency
   98  head. The Chief Inspector General For agencies under the
   99  direction of the Governor, the agency head shall notify the
  100  Governor and the Chief Inspector General, in writing, of his or
  101  her the intention to terminate the inspector general at least 21
  102  7 days before prior to the removal. If the inspector general
  103  objects to the removal, the inspector general may present
  104  written objections to the agency head or the Governor within the
  105  21 day period.
  106         2. For all other state agencies under the direction of the
  107  Governor and Cabinet, the inspector general may be removed from
  108  office by the agency head. The agency head shall notify the
  109  Governor and Cabinet in writing of the intention to terminate
  110  the inspector general at least 7 days prior to the removal.
  111         (d) The Governor, the Governor and Cabinet, the agency
  112  head, or agency staff may shall not prevent or prohibit the
  113  inspector general from initiating, carrying out, or completing
  114  any audit or investigation.
  115         (e) The Office of Inspector General shall have its own
  116  budget within the respective state agency, developed in
  117  consultation with the Chief Inspector General, sufficient to
  118  meet its mission.
  119  
  120  ================= T I T L E  A M E N D M E N T ================
  121  And the title is amended as follows:
  122         Delete lines 3 - 5
  123  and insert:
  124         14.32, F.S.; requiring that the Chief Inspector
  125         General be confirmed by the Senate; requiring the
  126         Chief Inspector General to provide independent legal
  127         counsel for specified state agencies; amending s.
  128         20.055, F.S.; revising