Bill Text: FL S1328 | 2014 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Inspectors General

Spectrum: Slight Partisan Bill (? 2-1)

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

Download: Florida-2014-S1328-Introduced.html

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       Florida Senate - 2014                                    SB 1328
       
       
        
       By Senator Latvala
       
       
       
       
       
       20-00844A-14                                          20141328__
    1                        A bill to be entitled                      
    2         An act relating to inspectors general; amending s.
    3         14.32, F.S.; revising provisions relating to the
    4         duties, appointment, and removal of the Chief
    5         Inspector General; amending s. 20.055, F.S.; revising
    6         provisions relating to the duties, appointment, and
    7         removal of agency inspectors general; updating a
    8         cross-reference; providing an effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Subsection (1) and paragraph (e) of subsection
   13  (2) of section 14.32, Florida Statutes, are amended to read:
   14         14.32 Office of Chief Inspector General.—
   15         (1) There is created in the Executive Office of the
   16  Governor the Office of Chief Inspector General. The Chief
   17  Inspector General shall be responsible for promoting
   18  accountability, integrity, and efficiency in the agencies under
   19  the jurisdiction of the Governor. The Chief Inspector General
   20  shall be appointed by the Governor, in consultation with the
   21  Cabinet, to a term of 4 years, is subject to confirmation by the
   22  Senate, and may be removed by unanimous vote serve at the
   23  pleasure of the Governor and Cabinet.
   24         (2) The Chief Inspector General shall:
   25         (e) Coordinate complaint-handling activities with agencies
   26  and provide for independent legal counsel for inspectors general
   27  in agencies under the jurisdiction of the Governor.
   28         Section 2. Subsections (2) and (3), paragraphs (f), (h),
   29  and (i) of subsection (5), paragraph (c) of subsection (7), and
   30  subsection (8) of section 20.055, Florida Statutes, are amended
   31  to read:
   32         20.055 Agency inspectors general.—
   33         (2) The Office of Inspector General is hereby established
   34  in each state agency to provide a central point for coordination
   35  of and responsibility for activities that promote
   36  accountability, integrity, and efficiency in government. It
   37  shall be the duty and responsibility of Each inspector general,
   38  with respect to the state agency in which the office is
   39  established, shall to:
   40         (a) Advise in the development of performance measures,
   41  standards, and procedures for the evaluation of state agency
   42  programs.
   43         (b) Assess the reliability and validity of the information
   44  provided by the state agency on performance measures and
   45  standards, and make recommendations for improvement, if
   46  necessary, before prior to submission of such information those
   47  measures and standards to the Executive Office of the Governor
   48  pursuant to s. 216.1827 216.0166(1).
   49         (c) Review the actions taken by the state agency to improve
   50  program performance and meet program standards and make
   51  recommendations for improvement, if necessary.
   52         (d) Provide direction for, supervise, and coordinate
   53  audits, investigations, and management reviews relating to the
   54  programs and operations of the state agency, except that when
   55  the inspector general does not possess the qualifications
   56  specified in subsection (4), the director of auditing shall
   57  conduct such audits.
   58         (e) Conduct, supervise, or coordinate other activities
   59  carried out or financed by that state agency for the purpose of
   60  promoting economy and efficiency in the administration of, or
   61  preventing and detecting fraud and abuse in, its programs and
   62  operations.
   63         (f) Keep the such agency head, or, for state agencies under
   64  the jurisdiction of the Governor, the Chief Inspector General,
   65  informed concerning fraud, abuses, and deficiencies relating to
   66  programs and operations administered or financed by the state
   67  agency, recommend corrective action concerning fraud, abuses,
   68  and deficiencies, and report on the progress made in
   69  implementing corrective action.
   70         (g) Ensure effective coordination and cooperation between
   71  the Auditor General, federal auditors, and other governmental
   72  bodies with a view toward avoiding duplication.
   73         (h) Review, as appropriate, rules relating to the programs
   74  and operations of the such state agency and make recommendations
   75  concerning their impact.
   76         (i) Ensure that an appropriate balance is maintained
   77  between audit, investigative, and other accountability
   78  activities.
   79         (j) Comply with the General Principles and Standards for
   80  Offices of Inspector General as published and revised by the
   81  Association of Inspectors General.
   82         (3)(a) For state agencies under the jurisdiction of a
   83  Cabinet officer or the Governor and Cabinet, the inspector
   84  general shall be appointed by the agency head. For state
   85  agencies under the jurisdiction direction of the Governor, the
   86  inspector general shall be appointed by the Chief Inspector
   87  General. The Chief Inspector General shall notify appointment
   88  shall be made after notifying the Governor and Cabinet the Chief
   89  Inspector General in writing, at least 7 days prior to an offer
   90  of employment, of his or her the agency head’s intention to hire
   91  the inspector general for each state agency under his or her
   92  purview at least 7 days before an offer of employment.
   93         (b) An Each inspector general is shall report to and be
   94  under the general supervision of the agency head and shall not
   95  be subject to supervision by any other employee of the state
   96  agency in which the office is established. The inspector general
   97  shall be appointed without regard to political affiliation. For
   98  state agencies under the jurisdiction of the Governor, the
   99  inspector general shall report to the Chief Inspector General
  100  and may hire and remove staff within the Office of the Inspector
  101  General in consultation with the Chief Inspector General but
  102  independently of the respective agency.
  103         (c) For state agencies under the jurisdiction of a Cabinet
  104  officer or the Governor and Cabinet, an inspector general may be
  105  removed from office by the agency head. For state agencies under
  106  the jurisdiction direction of the Governor, an inspector general
  107  may only be removed from office by the agency head shall notify
  108  the Governor and the Chief Inspector General for cause including
  109  concerns regarding performance, malfeasance, misfeasance,
  110  misconduct, or failure to carry out his or her duties under this
  111  section, in writing, of the intention to terminate the inspector
  112  general at least 7 days prior to the removal. For state agencies
  113  under the jurisdiction of the Governor, the Chief Inspector
  114  General shall notify the Governor and Cabinet in writing of his
  115  or her intention to remove the inspector general at least 21
  116  days before the removal. For state agencies under the
  117  jurisdiction direction of the Governor and Cabinet, the agency
  118  head shall notify the Governor and Cabinet in writing of his or
  119  her the intention to remove terminate the inspector general at
  120  least 21 7 days before prior to the removal. If the inspector
  121  general disagrees with the removal, the inspector general may
  122  present objections in writing to the Governor and Cabinet within
  123  such 21-day period.
  124         (d) The Governor, the Governor and Cabinet, the agency
  125  head, or agency staff may shall not prevent or prohibit the
  126  inspector general from initiating, carrying out, or completing
  127  any audit or investigation.
  128         (e) The Office of Inspector General shall have its own
  129  budget within the respective state agency sufficient to meet its
  130  mission developed in consultation with the Chief Inspector
  131  General.
  132         (5) In carrying out the auditing duties and
  133  responsibilities of this section act, each inspector general
  134  shall review and evaluate internal controls necessary to ensure
  135  the fiscal accountability of the state agency. The inspector
  136  general shall conduct financial, compliance, electronic data
  137  processing, and performance audits of the agency and prepare
  138  audit reports of his or her findings. The scope and assignment
  139  of the audits shall be determined by the inspector general;
  140  however, the agency head may at any time direct the inspector
  141  general to perform an audit of a special program, function, or
  142  organizational unit. The performance of the audit shall be under
  143  the direction of the inspector general, except that if the
  144  inspector general does not possess the qualifications specified
  145  in subsection (4), the director of auditing shall perform the
  146  functions listed in this subsection.
  147         (f) The inspector general shall submit the final report to
  148  the agency head, and to the Auditor General, and, for state
  149  agencies under the jurisdiction of the Governor, the Chief
  150  Inspector General.
  151         (h) The inspector general shall monitor the implementation
  152  of the state agency’s response to any report on the state agency
  153  issued by the Auditor General or by the Office of Program Policy
  154  Analysis and Government Accountability. No later than 6 months
  155  after the Auditor General or the Office of Program Policy
  156  Analysis and Government Accountability publishes a report on the
  157  state agency, the inspector general shall provide a written
  158  response to the agency head or, for state agencies under the
  159  jurisdiction of the Governor, the Chief Inspector General on the
  160  status of corrective actions taken. The inspector general shall
  161  file a copy of such response with the Legislative Auditing
  162  Committee.
  163         (i) The inspector general shall develop long-term and
  164  annual audit plans based on the findings of periodic risk
  165  assessments. The plan, when where appropriate, should include
  166  postaudit samplings of payments and accounts. The plan must
  167  shall show the individual audits to be conducted during each
  168  year and related resources to be devoted to the respective
  169  audits. The Chief Financial Officer, to assist in fulfilling the
  170  responsibilities for examining, auditing, and settling accounts,
  171  claims, and demands pursuant to s. 17.03(1), and examining,
  172  auditing, adjusting, and settling accounts pursuant to s. 17.04,
  173  may use utilize audits performed by the inspectors general and
  174  internal auditors. For state agencies under the jurisdiction of
  175  the Governor, the audit plans shall be submitted to the
  176  Governor’s Chief Inspector General. The plan shall be submitted
  177  to the agency head for review and to the Chief Inspector General
  178  for approval. A copy of the approved plan shall be submitted to
  179  the Auditor General. For state agencies under the jurisdiction
  180  of a Cabinet officer or the Governor and Cabinet, the plan shall
  181  be submitted to the agency head for review and approval before
  182  submitting to the Auditor General.
  183         (7)
  184         (c) The final reports prepared pursuant to paragraphs (a)
  185  and (b) shall be provided furnished to the heads of the
  186  respective agencies and, for state agencies under the
  187  jurisdiction of the Governor, the Chief Inspector General. Such
  188  reports must shall include, but need not be limited to:
  189         1. A description of activities relating to the development,
  190  assessment, and validation of performance measures.
  191         2. A description of significant abuses and deficiencies
  192  relating to the administration of programs and operations of the
  193  agency disclosed by investigations, audits, reviews, or other
  194  activities during the reporting period.
  195         3. A description of the recommendations for corrective
  196  action made by the inspector general during the reporting period
  197  with respect to significant problems, abuses, or deficiencies
  198  identified.
  199         4. The identification of each significant recommendation
  200  described in previous annual reports on which corrective action
  201  has not been completed.
  202         5. A summary of each audit and investigation completed
  203  during the reporting period.
  204         (8) The inspector general in each state agency shall
  205  provide to the agency head, upon receipt, all written complaints
  206  concerning the duties and responsibilities in this section or
  207  any allegation of misconduct related to the office of the
  208  inspector general or its employees, if received from subjects of
  209  audits or investigations who are individuals substantially
  210  affected or entities contracting with the state, as defined in
  211  this section. For state agencies solely under the jurisdiction
  212  direction of the Governor, the inspector general shall also
  213  provide the complaint to the Chief Inspector General.
  214         Section 3. This act shall take effect July 1, 2014.