Bill Text: FL S0466 | 2020 | Regular Session | Introduced
Bill Title: Inspectors General
Spectrum: Partisan Bill (Republican 2-0)
Status: (Failed) 2020-03-14 - Died in Governmental Oversight and Accountability [S0466 Detail]
Download: Florida-2020-S0466-Introduced.html
Florida Senate - 2020 SB 466
By Senator Brandes
24-00449-20 2020466__
1 A bill to be entitled
2 An act relating to inspectors general; amending s.
3 14.32, F.S.; revising the Chief Inspector General’s
4 subpoena authority to include issuing and serving
5 subpoenas for all executive branch agencies;
6 authorizing the Chief Inspector General to appoint
7 certified law enforcement officers; specifying the
8 qualifications, powers, and focus of such officers;
9 amending s. 20.055, F.S.; providing that agency
10 inspectors general report to the Chief Inspector
11 General; removing an agency head’s supervisory
12 authority over the agency inspector general;
13 authorizing the agency inspector general to
14 independently procure services and hire or remove law
15 enforcement staff; revising procedures, and providing
16 additional limitations, regarding the removal or
17 transfer of an agency inspector general; authorizing
18 the inspector general to present written objections to
19 such removal or transfer to additional officers within
20 a certain timeframe; prohibiting a Cabinet officer
21 from preventing or prohibiting the agency inspector
22 general from taking action on an audit or
23 investigation; providing requirements regarding the
24 compensation of the agency inspector general;
25 modifying powers and requirements as to the auditing
26 and investigatory duties of the agency inspector
27 general; revising requirements for the agency
28 inspector general’s annual report; providing that
29 complaints or allegations regarding the office of
30 inspector general be submitted to the Chief Inspector
31 General, rather than the agency head; authorizing each
32 agency inspector general to issue and serve subpoenas;
33 authorizing an agency inspector general to petition
34 the circuit court in the event of noncompliance with a
35 subpoena; providing an effective date.
36
37 Be It Enacted by the Legislature of the State of Florida:
38
39 Section 1. Paragraph (b) of subsection (5) of section
40 14.32, Florida Statutes, is amended, and paragraph (d) is added
41 to that subsection, to read:
42 14.32 Office of Chief Inspector General.—
43 (5) In exercising authority under this section, the Chief
44 Inspector General or his or her designee may:
45 (b) Issue and serve subpoenas and subpoenas duces tecum,
46 for executive branch agencies under the jurisdiction of the
47 Governor, to compel the attendance of witnesses and the
48 production of documents, reports, answers, records, accounts,
49 and other data in any medium.
50 (d) Appoint duly constituted certified law enforcement
51 officers who meet the qualifications of law enforcement officers
52 established by chapter 943 under the job classification of
53 “CIG/EOG Law Enforcement Inspector.” An officer who is appointed
54 pursuant to this paragraph is subject to chapter 901 and has the
55 same arrest, jurisdiction, and other authority provided for
56 state law enforcement officers in that chapter. Each officer has
57 the same right and authority to carry firearms as other state
58 law enforcement officers. These law enforcement powers include,
59 but are not limited to, the ability to make arrests; serve
60 search warrants, subpoenas, or writs; collect or seize evidence;
61 analyze evidence; conduct interviews; conduct physical
62 surveillance and prepare reports and exhibits; and assist
63 prosecutors in the preparation and presentation of criminal
64 cases to include testimony in courts. The focus of such officers
65 is to detect, deter, and investigate waste, fraud, abuse, and
66 misconduct in a state commission, an agency under the
67 jurisdiction of the Governor, or the Executive Office of the
68 Governor, and to promote economy and efficiency in those
69 entity’s programs through administrative or criminal
70 investigations, reviews, and inspections.
71
72 In the event of noncompliance with a subpoena issued pursuant to
73 this subsection, the Chief Inspector General may petition the
74 circuit court of the county in which the person subpoenaed
75 resides or has his or her principal place of business for an
76 order requiring the subpoenaed person to appear and testify and
77 to produce documents, reports, answers, records, accounts, or
78 other data as specified in the subpoena.
79 Section 2. Paragraphs (b), (c), and (d) of subsection (3),
80 paragraphs (c) and (f) of subsection (6), subsection (7),
81 paragraph (c) of subsection (8), and subsection (9) of section
82 20.055, Florida Statutes, are amended, paragraph (e) is added to
83 subsection (3) of that section, and subsection (11) is added to
84 that section, to read:
85 20.055 Agency inspectors general.—
86 (3)
87 (b) The inspector general shall report to the Chief
88 Inspector General and be under the general supervision of the
89 agency head and is not subject to supervision by the agency head
90 or any other employee of the state agency in which the office is
91 established. For state agencies under the jurisdiction of the
92 Governor, the inspector general shall be under the general
93 budget supervision of the agency in which the office is
94 established head for administrative purposes, shall report to
95 the Chief Inspector General, and may hire and remove staff
96 within the office of the inspector general in consultation with
97 the Chief Inspector General but independently of the agency. The
98 inspector general may procure services necessary to perform the
99 office’s mission, independently of the agency in which the
100 office is established, and may hire and remove staff within the
101 office who are duly constituted law enforcement officers who
102 meet the qualifications of chapter 943.
103 (c) For state agencies under the jurisdiction of the
104 Cabinet or the Governor and Cabinet, the inspector general may
105 only be removed from office by the Chief Inspector General, or
106 transferred to another position with the Chief Inspector
107 General’s approval agency head. For state agencies under the
108 jurisdiction of the Governor, the inspector general may only be
109 removed from office or transferred to another position by the
110 Chief Inspector General for cause, including concerns regarding
111 performance, malfeasance, misfeasance, misconduct, or failure to
112 carry out his or her duties under this section. The Chief
113 Inspector General shall notify the Governor in writing of his or
114 her intention to remove or transfer the inspector general at
115 least 21 days before the removal. For state agencies under the
116 jurisdiction of the Governor and Cabinet, the agency head may
117 only remove or transfer the inspector general for cause,
118 including malfeasance, misfeasance, misconduct, or failure to
119 carry out his or her duties under this section. The agency head
120 shall notify the Governor and Cabinet in writing of his or her
121 intention to remove the inspector general at least 21 days
122 before the removal. For agencies under the Governor, the
123 Governor and Cabinet, or a Cabinet officer, if the inspector
124 general disagrees with the removal or transfer, the inspector
125 general may present objections in writing to the Governor, each
126 Cabinet officer, the President of the Senate, the Speaker of the
127 House of Representatives, and the Majority and Minority Leaders
128 of both houses of the Legislature within 30 days of the
129 notification the 21-day period.
130 (d) The Governor, the Governor and Cabinet, a Cabinet
131 officer, the agency head, or agency staff may not prevent or
132 prohibit the inspector general from initiating, carrying out, or
133 completing any audit or investigation.
134 (e) The inspector general must be compensated at the same
135 rate as other senior management officials within the agency.
136 (6) In carrying out the auditing duties and
137 responsibilities of this act, each inspector general shall
138 review and evaluate internal controls necessary to ensure the
139 fiscal accountability of the state agency. The inspector general
140 shall conduct financial, compliance, electronic data processing,
141 and performance audits of the agency and prepare audit reports
142 of his or her findings. The scope and assignment of the audits
143 shall be determined by the inspector general; however, the
144 agency head may at any time request the inspector general to
145 perform an audit of a special program, function, or
146 organizational unit. The performance of the audit shall be under
147 the direction of the inspector general, except that if the
148 inspector general does not possess the qualifications specified
149 in subsection (4), the director of auditing shall perform the
150 functions listed in this subsection.
151 (c) The inspector general and the staff shall have access
152 to any records, data, and other information or staff of the
153 state agency he or she deems necessary to carry out his or her
154 duties. The inspector general may also request such information
155 or assistance as may be necessary from the state agency or from
156 any federal, state, or local government entity.
157 (f) The inspector general shall submit the final report to
158 the agency head, the Auditor General, and, for state agencies
159 under the jurisdiction of the Governor, the Chief Inspector
160 General. Final audit reports must be posted to the applicable
161 agency’s website within 5 business days after the report becomes
162 final.
163 (7) In carrying out the administrative or criminal
164 investigative duties and responsibilities specified in this
165 section, each inspector general shall initiate, conduct,
166 supervise, and coordinate investigations designed to detect,
167 deter, prevent, and eradicate fraud, waste, mismanagement,
168 misconduct, and other abuses in state government. For these
169 purposes, each inspector general shall:
170 (a) Receive complaints and coordinate all activities of the
171 agency as required by the Whistle-blower’s Act pursuant to ss.
172 112.3187-112.31895.
173 (b) Receive and consider the complaints which do not meet
174 the criteria for an investigation under the Whistle-blower’s Act
175 and conduct, supervise, or coordinate such inquiries,
176 investigations, or reviews as the inspector general deems
177 appropriate.
178 (c) Report expeditiously to the Department of Law
179 Enforcement or other law enforcement agencies, as appropriate,
180 whenever the inspector general has reasonable grounds to believe
181 there has been a violation of criminal law.
182 (d) Conduct all types of investigations and other inquiries
183 free of actual or perceived impairment to the independence of
184 the inspector general or the inspector general’s office. This
185 shall include freedom from any interference with investigations
186 and timely access to records and other sources of information.
187 (e) At the conclusion of each investigation in which the
188 subject of the investigation is a specific entity contracting
189 with the state or an individual substantially affected as
190 defined by this section, and if the investigation is not
191 confidential or otherwise exempt from disclosure by law, the
192 inspector general shall, consistent with s. 119.07(1), submit
193 findings to the subject that is a specific entity contracting
194 with the state or an individual substantially affected, who
195 shall be advised in writing that they may submit a written
196 response within 20 working days after receipt of the findings.
197 Such response and the inspector general’s rebuttal to the
198 response, if any, shall be included in the final investigative
199 report.
200 (f) Submit in a timely fashion final reports on
201 investigations conducted by the inspector general to the agency
202 head, except for whistle-blower’s investigations, which shall be
203 conducted and reported pursuant to s. 112.3189.
204 (8)
205 (c) The final reports prepared pursuant to paragraphs (a)
206 and (b) shall be provided to the heads of the respective
207 agencies and, for state agencies under the jurisdiction of the
208 Governor, the Chief Inspector General. Such reports shall
209 include, but need not be limited to:
210 1. A description of activities relating to the development,
211 assessment, and validation of performance measures.
212 2. A description of significant abuses and deficiencies
213 relating to the administration of programs and operations of the
214 agency disclosed by investigations, audits, reviews, or other
215 activities during the reporting period.
216 3. A description of the recommendations for corrective
217 action made by the inspector general during the reporting period
218 with respect to significant problems, abuses, or deficiencies
219 identified.
220 4. The identification of each significant recommendation
221 described in previous annual reports on which corrective action
222 has not been completed.
223 5. A summary of each audit and investigation completed
224 during the reporting period.
225 6. A summary of the budget of the office of inspector
226 general, including a statement concerning whether the budget is
227 sufficient to address and achieve the office’s mission.
228 7. A description of whether the agency has interfered with,
229 or attempted to interfere with, the independence of the office
230 and whether the agency has responded timely to requests for
231 information, testimony, and records.
232 (9) The inspector general in each state agency shall
233 provide to the Chief Inspector General agency head, upon
234 receipt, all written complaints concerning the duties and
235 responsibilities in this section or any allegation of misconduct
236 related to the office of the inspector general or its employees,
237 if received from subjects of audits or investigations who are
238 individuals substantially affected or entities contracting with
239 the state, as defined in this section. The Chief Inspector
240 General may investigate such complaints or allegations as he or
241 she deems appropriate or take other appropriate action For state
242 agencies under the jurisdiction of the Governor, the inspector
243 general shall also provide the complaint to the Chief Inspector
244 General.
245 (11) Each agency inspector general may issue and serve
246 subpoenas and subpoenas duces tecum to compel the attendance of
247 witnesses and the production of documents, reports, answers,
248 records, accounts, and other data in any medium. In the event of
249 noncompliance with a subpoena or a subpoena duces tecum issued
250 pursuant to this section, the inspector general may petition the
251 circuit court of the county in which the person subpoenaed
252 resides or has his or her principal place of business for an
253 order requiring the subpoenaed person to appear and testify and
254 to produce documents, reports, answers, records, accounts, or
255 other data as specified in the subpoena or subpoena duces tecum.
256 Section 3. This act shall take effect July 1, 2020.
