Bill Text: FL S0270 | 2012 | Regular Session | Introduced
Bill Title: Inspectors General
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2012-03-09 - Died in Governmental Oversight and Accountability [S0270 Detail]
Download: Florida-2012-S0270-Introduced.html
Florida Senate - 2012 SB 270
By Senator Dockery
15-00349-12 2012270__
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
53 Be It Enacted by the Legislature of the State of Florida:
54
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 agencies.
85 (f) Coordinate the activities of the Whistle-blower’s Act
86 pursuant to chapter 112 and maintain the whistle-blower’s
87 hotline to receive complaints and information concerning the
88 possible violation of law or administrative rules,
89 mismanagement, fraud, waste, abuse of authority, malfeasance, or
90 a substantial or specific danger to the health, welfare, or
91 safety of the public.
92 (g) Report expeditiously to and cooperate fully with the
93 Department of Law Enforcement, the Department of Legal Affairs,
94 and other law enforcement agencies if when there are
95 recognizable grounds to believe that there has been a violation
96 of criminal law or that a civil action should be initiated.
97 (h) Act as liaison with outside agencies and the Federal
98 Government to promote accountability, integrity, and efficiency
99 in state government.
100 (i) Act as liaison and monitor the activities of the
101 inspectors general in the agencies under the Governor and
102 Cabinet, including the Executive Office of the Governor
103 Governor’s jurisdiction.
104 (j) Review, evaluate, and monitor the policies, practices,
105 and operations of the Executive Office of the Governor.
106 (j)(k) Conduct special investigations and management
107 reviews at the request of the Governor and Cabinet.
108 (3) Related to public-private partnerships, the Chief
109 Inspector General:
110 (a) Shall advise public-private partnerships, including
111 Enterprise Florida, Inc., in their development, utilization, and
112 improvement of internal control measures necessary to ensure
113 fiscal accountability.
114 (b) May conduct, direct, and supervise audits relating to
115 the programs and operations of public-private partnerships.
116 (c) Shall receive and investigate complaints of fraud,
117 abuses, and deficiencies relating to programs and operations of
118 public-private partnerships.
119 (d) May request and have access to any records, data, and
120 other information in the possession of public-private
121 partnerships which the Chief Inspector General deems necessary
122 to carry out his or her responsibilities with respect to
123 accountability.
124 (e) Shall monitor public-private partnerships for
125 compliance with the terms and conditions of contracts with the
126 department and report noncompliance to the Governor.
127 (f) Shall advise public-private partnerships in the
128 development, utilization, and improvement of performance
129 measures for the evaluation of their operations.
130 (g) Shall review and make recommendations for improvements
131 in the actions taken by public-private partnerships to meet
132 performance standards.
133 (4) The Chief Inspector General shall serve as the
134 inspector general for the Executive Office of the Governor.
135 Section 2. Section 20.055, Florida Statutes, is amended to
136 read:
137 20.055 Agency inspectors general.—
138 (1) For the purposes of this section:
139 (a) “State agency” means each department created pursuant
140 to this chapter, and also includes the Executive Office of the
141 Governor, the Cabinet agencies, the Department of Military
142 Affairs, the Fish and Wildlife Conservation Commission, the
143 Office of Insurance Regulation of the Financial Services
144 Commission, the Office of Financial Regulation of the Financial
145 Services Commission, the Public Service Commission, the Board of
146 Governors of the State University System, the Florida Housing
147 Finance Corporation, and the state courts system.
148 (b) “Agency head” means the Governor, a Cabinet officer, a
149 secretary as defined in s. 20.03(5), or an executive director as
150 defined in s. 20.03(6). It also includes the chair of the Public
151 Service Commission, the Director of the Office of Insurance
152 Regulation of the Financial Services Commission, the Director of
153 the Office of Financial Regulation of the Financial Services
154 Commission, the board of directors of the Florida Housing
155 Finance Corporation, and the Chief Justice of the State Supreme
156 Court.
157 (c) “Individuals substantially affected” means natural
158 persons who have established a real and sufficiently immediate
159 injury in fact due to the findings, conclusions, or
160 recommendations of a final report of a state agency inspector
161 general, who are the subject of the audit or investigation, and
162 who do not have or are not currently afforded an existing right
163 to an independent review process. The term does not include
164 employees of the state, including career service, probationary,
165 other personal service, Selected Exempt Service, and Senior
166 Management Service employees;, are not covered by this
167 definition. This definition also does not cover former employees
168 of the state if the final report of the state agency inspector
169 general relates to matters arising during a former employee’s
170 term of state employment; or. This definition does not apply to
171 persons who are the subject of audits or investigations
172 conducted pursuant to ss. 112.3187-112.31895 or s. 409.913 or
173 which are otherwise confidential and exempt under s. 119.07.
174 (d) “Entities contracting with the state” means for-profit
175 and not-for-profit organizations or businesses having a legal
176 existence, such as corporations or partnerships, as opposed to
177 natural persons, which have entered into a relationship with a
178 state agency as defined in paragraph (a) to provide for
179 consideration certain goods or services for consideration to the
180 state agency or on behalf of the state agency. The relationship
181 may be evidenced by payment by warrant or purchasing card,
182 contract, purchase order, provider agreement, or other such
183 mutually agreed upon relationship. The term This definition does
184 not apply to entities that which are the subject of audits or
185 investigations conducted pursuant to ss. 112.3187-112.31895 or
186 s. 409.913 or that which are otherwise confidential and exempt
187 under s. 119.07.
188 (2) The Office of Inspector General is hereby established
189 in each state agency to coordinate and be responsible provide a
190 central point for coordination of and responsibility for
191 activities that promote accountability, integrity, and
192 efficiency in government. It is shall be the duty and
193 responsibility of each inspector general, with respect to the
194 state agency in which the office is established, to:
195 (a) Advise in the development of performance measures,
196 standards, and procedures for the evaluation of state agency
197 programs, including:.
198 1.(b) Assessing Assess the reliability and validity of the
199 information provided by the state agency on performance outcomes
200 measures and standards, and making make recommendations for
201 improvement, if necessary, prior to submission of those outcomes
202 measures and standards to the Executive Office of the Governor
203 pursuant to s. 216.013 s. 216.0166(1).
204 2.(c) Reviewing Review the actions taken by the state
205 agency to improve program performance and meet program standards
206 and making make recommendations for improvement, if necessary.
207 (b)(d) Provide direction for, supervise, and coordinate
208 audits, investigations, and management reviews relating to the
209 programs and operations of the state agency. If, except that
210 when the inspector general does not possess the qualifications
211 specified in subsection (4), the director of auditing shall
212 conduct such audits.
213 (c)(e) Conduct, supervise, or coordinate other activities
214 carried out or financed by that state agency for the purpose of
215 promoting economy and efficiency in the administration of, or
216 preventing and detecting fraud and abuse in, its programs and
217 operations.
218 (d)(f) Keep the such agency head and the Chief Inspector
219 General informed concerning any fraud, abuses, or and
220 deficiencies relating to programs and operations administered or
221 financed by the state agency, recommend corrective action
222 concerning such fraud, abuses, or and deficiencies, and report
223 on the progress made in implementing corrective action. However,
224 if the inspector general has reasonable concerns that keeping
225 the agency head informed may compromise any related
226 investigation, the inspector general shall first report such
227 concerns to the Chief Inspector General who shall make a
228 determination about whether to report to the agency head. If the
229 Chief Inspector General concludes that such investigation should
230 not be reported to the agency head, the Chief Inspector General
231 shall report such determination to the Governor and Cabinet.
232 (e)(g) Ensure effective coordination and cooperation
233 between the Auditor General, federal auditors, and other
234 governmental bodies in order to avoid with a view toward
235 avoiding duplication.
236 (f)(h) Review, as appropriate, rules relating to the
237 programs and operations of the such state agency and make
238 recommendations concerning their impact.
239 (g)(i) Ensure that an appropriate balance is maintained
240 between audit, investigative, and other accountability
241 activities.
242 (h)(j) Comply with the General Principles and Standards for
243 Offices of Inspector General as published and revised by the
244 Association of Inspectors General.
245 (3)(a) The inspector general of each state agency shall be
246 appointed by the Chief Inspector General, subject to the written
247 consent of the agency head. The inspector general shall be
248 appointed without regard to political affiliation. For agencies
249 under the direction of the Governor, the appointment shall be
250 made after notifying the Governor and the Chief Inspector
251 General in writing, at least 7 days prior to an offer of
252 employment, of the agency head’s intention to hire the inspector
253 general.
254 (a)(b) Except as provided in paragraphs (2)(d) and (6)(g),
255 each inspector general shall report to and be under the general
256 supervision of the agency head and is shall not be subject to
257 supervision by any other employee of the state agency. The
258 inspector general shall be appointed without regard to political
259 affiliation.
260 (b)(c) An inspector general may be removed from office by
261 the Chief Inspector General, in consultation with the agency
262 head. Following consultation with the agency head For agencies
263 under the direction of the Governor, the Chief Inspector General
264 agency head shall notify the inspector general and the Governor
265 and Cabinet Governor and the Chief Inspector General, in
266 writing, of the intention to terminate the inspector general for
267 good cause shown at least 21 7 days before prior to the removal.
268 Good cause must be documented in the notification. The inspector
269 general may not be removed if an objection is made by the
270 Governor or Cabinet within the 21 days before removal. Removal
271 may be made if the objection is later rescinded. For state
272 agencies under the direction of the Governor and Cabinet, the
273 agency head shall notify the Governor and Cabinet in writing of
274 the intention to terminate the inspector general at least 7 days
275 prior to the removal.
276 (c)(d) An The agency head or agency staff may shall not
277 prevent or prohibit the inspector general from initiating,
278 carrying out, or completing any audit or investigation.
279 (4) The inspector general must be certified by the
280 Association of Inspectors General. To ensure that state agency
281 audits are performed in accordance with applicable auditing
282 standards, the inspector general or the director of auditing
283 within the inspector general’s office must shall possess the
284 following qualifications:
285 (a) A bachelor’s degree from an accredited college or
286 university with a major in accounting, or with a major in
287 business which includes five courses in accounting, and 5 years
288 of experience as an internal auditor or independent postauditor,
289 electronic data processing auditor, accountant, or any
290 combination thereof. The experience must, shall at a minimum,
291 consist of audits of units of government or private business
292 enterprises, operating for profit or not for profit; or
293 (b) A master’s degree in accounting, business
294 administration, or public administration from an accredited
295 college or university and 4 years of experience as required in
296 paragraph (a); or
297 (c) A certified public accountant license issued pursuant
298 to chapter 473 or a certified internal audit certificate issued
299 by the Institute of Internal Auditors or earned by examination,
300 and 4 years of experience as required in paragraph (a).
301 (5) In carrying out the auditing duties and
302 responsibilities of this section act, each inspector general
303 shall review and evaluate internal controls necessary to ensure
304 the fiscal accountability of the state agency. The inspector
305 general shall conduct financial, compliance, electronic data
306 processing, and performance audits of the agency and prepare
307 audit reports of his or her findings. The scope and assignment
308 of the audits shall be determined by the inspector general;
309 however, the agency head may at any time direct the inspector
310 general to perform an audit of a special program, function, or
311 organizational unit. The performance of the audit shall be under
312 the direction of the inspector general, except that if the
313 inspector general does not possess the qualifications specified
314 in subsection (4), the director of auditing shall perform the
315 functions listed in this subsection.
316 (a) Such audits shall be conducted in accordance with the
317 current International Standards for the Professional Practice of
318 Internal Auditing as published by the Institute of Internal
319 Auditors, Inc., or, where appropriate, in accordance with
320 generally accepted governmental auditing standards. All audit
321 reports issued by internal audit staff must shall include a
322 statement that the audit was conducted pursuant to the
323 appropriate standards.
324 (b) Audit workpapers and reports are shall be public
325 records to the extent that they do not include information that
326 which has been made confidential and exempt from the provisions
327 of s. 119.07(1) pursuant to law. However, if when the inspector
328 general or a member of the staff receives a complaint or
329 information from an individual which a complaint or information
330 that falls within the definition provided in s. 112.3187(5), the
331 name or identity of the individual may shall not be disclosed to
332 anyone else without the written consent of the individual,
333 unless the inspector general determines that such disclosure is
334 unavoidable during the course of the audit or investigation.
335 (c) The inspector general and the staff shall have access
336 to any records, data, and other information of the state agency
337 he or she deems necessary to carry out his or her duties. The
338 inspector general may is also authorized to request such
339 information or assistance as may be necessary from the state
340 agency or from any federal, state, or local government entity.
341 (d) At the conclusion of each audit, the inspector general
342 shall submit preliminary findings and recommendations to the
343 person responsible for supervision of the program function or
344 operational unit who shall respond to any adverse findings
345 within 20 working days after receipt of the preliminary
346 findings. Such response and the inspector general’s rebuttal to
347 the response shall be included in the final audit report.
348 (e) At the conclusion of an audit in which the subject of
349 the audit is a specific entity contracting with the state or an
350 individual substantially affected, if the audit is not
351 confidential or otherwise exempt from disclosure by law, the
352 inspector general shall, consistent with s. 119.07(1), submit
353 the findings to the entity contracting with the state or the
354 individual substantially affected, who shall be advised in
355 writing that they may submit a written response within 20
356 working days after receipt of the findings. The response and the
357 inspector general’s rebuttal to the response, if any, must be
358 included in the final audit report.
359 (f) The inspector general shall submit the final report to
360 the agency head and to the Auditor General.
361 (g) The Auditor General, in connection with the independent
362 postaudit of the same agency pursuant to s. 11.45, shall give
363 appropriate consideration to internal audit reports and the
364 resolution of findings therein. The Legislative Auditing
365 Committee may inquire into the reasons or justifications for
366 failure of the agency head to correct the deficiencies reported
367 in internal audits that are also reported by the Auditor General
368 and shall take appropriate action.
369 (h) The inspector general shall monitor the implementation
370 of the state agency’s response to any report on the state agency
371 issued by the Auditor General or by the Office of Program Policy
372 Analysis and Government Accountability. Within No later than 6
373 months after the Auditor General or the Office of Program Policy
374 Analysis and Government Accountability publishes a report on the
375 state agency, the inspector general shall provide a written
376 response to the agency head on the status of corrective actions
377 taken. The Inspector General shall file a copy of such response
378 with the Legislative Auditing Committee.
379 (i) The inspector general shall develop long-term and
380 annual audit plans based on the findings of periodic risk
381 assessments. The plan, where appropriate, should include
382 postaudit samplings of payments and accounts. The plan shall
383 show the individual audits to be conducted during each year and
384 related resources to be devoted to the respective audits. The
385 Chief Financial Officer, to assist in fulfilling the
386 responsibilities for examining, auditing, and settling accounts,
387 claims, and demands pursuant to s. 17.03(1), and examining,
388 auditing, adjusting, and settling accounts pursuant to s. 17.04,
389 may use utilize audits performed by the inspectors general and
390 internal auditors. For state agencies under the Governor, The
391 audit plans shall be submitted to the Governor’s Chief Inspector
392 General. The plan shall be submitted to the agency head for
393 approval. A copy of the approved plan shall be submitted to the
394 Auditor General.
395 (6) In carrying out the investigative duties and
396 responsibilities specified in this section, each inspector
397 general shall initiate, conduct, supervise, and coordinate
398 investigations designed to detect, deter, prevent, and eradicate
399 fraud, waste, mismanagement, misconduct, and other abuses in
400 state government. For these purposes, each inspector general
401 shall:
402 (a) Establish an internal procedure for receiving concerns
403 or complaints from state agency personnel and a link on the
404 state agency’s website for receiving concerns or complaints from
405 clients or vendors of the agency or other members of the public.
406 (b)(a) Receive complaints and coordinate all activities of
407 the agency as required by the Whistle-blower’s Act pursuant to
408 ss. 112.3187-112.31895.
409 (c)(b) Receive and consider the complaints that which do
410 not meet the criteria for an investigation under the Whistle
411 blower’s Act and conduct, supervise, or coordinate such
412 inquiries, investigations, or reviews as the inspector general
413 deems appropriate.
414 (d)(c) Report expeditiously to the Department of Law
415 Enforcement or other law enforcement agencies, as appropriate,
416 whenever the inspector general has reasonable grounds to believe
417 there has been a violation of criminal law. However, the
418 inspector general for the Department of Law Enforcement may
419 consult with the Chief Inspector General before reporting
420 instances of suspected criminal acts within the Department of
421 Law Enforcement. The Chief Inspector General shall make a
422 determination of whether such investigation shall be reported to
423 the executive director of the Department of Law Enforcement. If
424 the Chief Inspector General determines that such instances
425 should not be reported to the executive director, he or she
426 shall report such determination to the Governor and Cabinet.
427 (e)(d) Conduct investigations and other inquiries free of
428 actual or perceived impairment to the independence of the
429 inspector general or the inspector general’s office. This
430 includes shall include freedom from any interference with
431 investigations and timely access to records and other sources of
432 information.
433 (f)(e) At the conclusion of each investigation in which the
434 subject of the investigation is a specific entity contracting
435 with the state or an individual substantially affected as
436 defined by this section, and if the investigation is not
437 confidential or otherwise exempt from disclosure by law, the
438 inspector general shall, consistent with s. 119.07(1), submit
439 findings to the subject that is a specific entity contracting
440 with the state or an individual substantially affected, who
441 shall be advised in writing that they may submit a written
442 response within 20 working days after receipt of the findings.
443 Such response and the inspector general’s rebuttal to the
444 response, if any, shall be included in the final investigative
445 report.
446 (g)(f) Submit in a timely fashion final reports on
447 investigations conducted by the inspector general to the agency
448 head and the Chief Inspector General, except for whistle
449 blower’s investigations, which shall be conducted and reported
450 pursuant to s. 112.3189.
451 (7)(a) Except as provided in paragraph (b), Each inspector
452 general shall, by not later than September 30 of each year,
453 prepare an annual report summarizing the activities of the
454 office during the immediately preceding state fiscal year.
455 However,
456 (b) the inspector general of the Florida Housing Finance
457 Corporation shall, within not later than 90 days after the end
458 of each fiscal year, prepare an annual report summarizing the
459 activities of the office of inspector general during the
460 immediately preceding fiscal year.
461 (c) The final reports prepared pursuant to paragraphs (a)
462 and (b) shall be furnished to the heads of the respective
463 agencies and the Chief Inspector General. Such reports shall
464 include, but need not be limited to:
465 (a)1. A description of activities relating to the
466 development, assessment, and validation of performance measures.
467 (b)2. A description of significant problems, abuses, and
468 deficiencies relating to the administration of programs and
469 operations of the agency disclosed by investigations, audits,
470 reviews, or other activities during the reporting period.
471 (c)3. A description of the recommendations for corrective
472 action made by the inspector general during the reporting period
473 with respect to significant problems, abuses, or deficiencies
474 identified.
475 (d)4. The identification of each significant recommendation
476 described in previous annual reports on which corrective action
477 has not been completed.
478 (e)5. A summary of each audit and investigation completed
479 during the reporting period.
480 (8) The inspector general in each state agency shall
481 provide to the agency head and the Chief Inspector General, upon
482 receipt, all written complaints concerning the duties and
483 responsibilities in this section, or any allegation of
484 misconduct related to the office of the inspector general or its
485 employees, if received from subjects of audits or investigations
486 who are individuals substantially affected or entities
487 contracting with the state, as defined in this section. For
488 agencies solely under the direction of the Governor, the
489 inspector general shall also provide the complaint to the Chief
490 Inspector General.
491 (9) Each agency inspector general shall, to the extent both
492 necessary and practicable, include on his or her staff
493 individuals with electronic data processing auditing experience.
494 One or more of the investigators within the office must be a
495 sworn law enforcement officer.
496 Section 3. Paragraph (d) of subsection (3) and subsection
497 (7) of section 112.3187, Florida Statutes, are amended to read:
498 112.3187 Adverse action against employee for disclosing
499 information of specified nature prohibited; employee remedy and
500 relief.—
501 (3) DEFINITIONS.—As used in this act, unless otherwise
502 specified, the following words or terms shall have the meanings
503 indicated:
504 (d) “Independent contractor” means an individual or
505 business entity a person, other than an agency, engaged in any
506 business, and who enters into a contract, including a provider
507 agreement, with an agency, or who otherwise receives public
508 funds to perform a public service.
509 (7) EMPLOYEES AND PERSONS PROTECTED.—This section protects
510 employees and persons who disclose information on their own
511 initiative in a written and signed complaint; who are requested
512 to participate in an investigation, hearing, or other inquiry
513 conducted by any agency or federal government entity; who refuse
514 to participate in any adverse action prohibited by this section;
515 or who initiate a complaint through the whistle-blower’s hotline
516 or the hotline of the Medicaid Fraud Control Unit of the
517 Department of Legal Affairs; or employees who file a any written
518 complaint to their supervisory officials or employees who submit
519 a complaint to the Chief Inspector General in the Executive
520 Office of the Governor, to the employee designated as agency
521 inspector general under s. 112.3189(1), or to the Florida
522 Commission on Human Relations. The provisions of this section
523 may not be used by a person while he or she is under the care,
524 custody, or control of the state correctional system or, after
525 release from the care, custody, or control of the state
526 correctional system, with respect to circumstances that occurred
527 during any period of incarceration. No remedy or other
528 protection under ss. 112.3187-112.31895 applies to any person
529 who has committed or intentionally participated in committing
530 the violation or suspected violation for which protection under
531 ss. 112.3187-112.31895 is being sought.
532 Section 4. Subsection (1) of section 112.3189, Florida
533 Statutes, is amended, and subsection (12) is added to that
534 section, to read:
535 112.3189 Investigative procedures upon receipt of whistle
536 blower information from certain state employees.—
537 (1) This section only applies only to the disclosure of
538 information as described in s. 112.3187(5) by an employee or
539 former employee of, or an applicant for employment with, a state
540 agency, as the term “state agency” is defined in s. 216.011, to
541 the Office of the Chief Inspector General of the Executive
542 Office of the Governor or to the agency inspector general. If an
543 agency does not have an inspector general, the head of the state
544 agency, as defined in s. 216.011, shall designate an employee to
545 receive such information described in s. 112.3187(5). For
546 purposes of this section and s. 112.3188 only, the employee
547 designated by the head of the state agency shall be deemed an
548 agency inspector general.
549 (12) If the investigation under this section, or any
550 subsequent criminal action, results in the recovery of state
551 funds, the employee disclosing the information may receive up to
552 15 percent of the amount recovered.
553 Section 5. Paragraph (a) of subsection (1) and paragraph
554 (a) of subsection (3) of section 112.31895, Florida Statutes,
555 are amended to read:
556 112.31895 Investigative procedures in response to
557 prohibited personnel actions.—
558 (1)(a) If a disclosure under s. 112.3187 includes or
559 results in alleged retaliation by an employer, the employee or
560 former employee of, or applicant for employment with, a state
561 agency, as defined in s. 216.011, which that is so affected may
562 file a complaint alleging a prohibited personnel action, which
563 complaint must be made by filing a written complaint with the
564 Office of the Chief Inspector General in the Executive Office of
565 the Governor or the Florida Commission on Human Relations
566 within, no later than 60 days after the prohibited personnel
567 action.
568 (3) CORRECTIVE ACTION AND TERMINATION OF INVESTIGATION.—
569 (a) The Florida Commission on Human Relations, in
570 accordance with this act and for the sole purpose of this act,
571 is empowered to:
572 1. Receive and investigate complaints from employees
573 alleging retaliation by state agencies, as the term “state
574 agency” is defined in s. 216.011.
575 2. Protect employees and applicants for employment with
576 such agencies from prohibited personnel practices under s.
577 112.3187.
578 3. Petition for stays and petition for corrective actions,
579 including, but not limited to, temporary reinstatement.
580 4. Recommend disciplinary proceedings pursuant to
581 investigation and appropriate agency rules and procedures.
582 5. Coordinate with the Chief Inspector General in the
583 Executive Office of the Governor and the Florida Commission on
584 Human Relations to receive, review, and forward to appropriate
585 agencies, legislative entities, or the Department of Law
586 Enforcement disclosures of a violation of any law, rule, or
587 regulation, or disclosures of gross mismanagement, malfeasance,
588 misfeasance, nonfeasance, neglect of duty, or gross waste of
589 public funds.
590 6. Review rules pertaining to personnel matters issued or
591 proposed by the Department of Management Services, the Public
592 Employees Relations Commission, and other agencies, and, if the
593 Florida Commission on Human Relations finds that any rule or
594 proposed rule, on its face or as implemented, requires the
595 commission of a prohibited personnel practice, provide a written
596 comment to the appropriate agency.
597 7. Investigate, request assistance from other governmental
598 entities, and, if appropriate, bring actions concerning,
599 allegations of retaliation by state agencies under subparagraph
600 1.
601 8. Administer oaths, examine witnesses, take statements,
602 issue subpoenas, order the taking of depositions, order
603 responses to written interrogatories, and make appropriate
604 motions to limit discovery, pursuant to investigations under
605 subparagraph 1.
606 9. Intervene or otherwise participate, as a matter of
607 right, in any appeal or other proceeding arising under this
608 section before the Public Employees Relations Commission or any
609 other appropriate agency, except that the Florida Commission on
610 Human Relations must comply with the rules of the commission or
611 other agency and may not seek corrective action or intervene in
612 an appeal or other proceeding without the consent of the person
613 protected under ss. 112.3187-112.31895.
614 10. Conduct an investigation, in the absence of an
615 allegation, to determine whether reasonable grounds exist to
616 believe that a prohibited action or a pattern of prohibited
617 action has occurred, is occurring, or is to be taken.
618 Section 6. Subsections (1) and (2) of section 112.31901,
619 Florida Statutes, are amended to read:
620 112.31901 Investigatory records.—
621 (1) If certified pursuant to subsection (2), an
622 investigatory record of the Chief Inspector General within the
623 Executive Office of the Governor or of the employee designated
624 by an agency head as the agency inspector general under s.
625 112.3189 is exempt from s. 119.07(1) and s. 24(a), Art. I of the
626 State Constitution until the investigation ceases to be active,
627 or a report detailing the investigation is provided to the
628 Governor or the agency head, or 60 days from the inception of
629 the investigation for which the record was made or received,
630 whichever first occurs. Investigatory records are those records
631 that are related to the investigation of an alleged, specific
632 act or omission or other wrongdoing, with respect to an
633 identifiable person or group of persons, based on information
634 compiled by the Chief Inspector General or by an agency
635 inspector general, as named under the provisions of s. 112.3189,
636 in the course of an investigation. An investigation is active if
637 it is continuing with a reasonable, good faith anticipation of
638 resolution and with reasonable dispatch.
639 (2) The Cabinet Governor, in the case of the Chief
640 Inspector General, or agency head, in the case of an employee
641 designated as the agency inspector general under s. 112.3189,
642 may certify that such investigatory records require an exemption
643 to protect the integrity of the investigation or avoid
644 unwarranted damage to an individual’s good name or reputation.
645 The certification must specify the nature and purpose of the
646 investigation and shall be kept with the exempt records and made
647 public when the records are made public.
648 Section 7. Section 287.0565, Florida Statutes, is created
649 to read:
650 287.0565 Purchasing cards.—
651 (1) The department shall adopt rules establishing standards
652 and procedures for the use of purchasing cards by state
653 agencies.
654 (2) Each agency inspector general shall conduct periodic
655 audits of the use of purchasing cards in order to monitor and
656 confirm the actual purchase of authorized goods and services by
657 agency employees.
658 Section 8. This act shall take effect July 1, 2012.
