Bill Text: FL S1478 | 2019 | Regular Session | Introduced
Bill Title: Inspectors General
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2019-05-03 - Died in Governmental Oversight and Accountability [S1478 Detail]
Download: Florida-2019-S1478-Introduced.html
Florida Senate - 2019 SB 1478 By Senator Brandes 24-01977-19 20191478__ 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 inspector general; authorizing the 13 inspector general to independently procure services 14 and hire or remove law enforcement staff; revising 15 procedures, and providing additional limitations, 16 regarding the removal or transfer of an agency 17 inspector general; authorizing the inspector general 18 to present written objections to such removal or 19 transfer to additional officers within a certain 20 timeframe; prohibiting a Cabinet officer from 21 preventing or prohibiting the inspector general from 22 taking action on an audit or investigation; providing 23 requirements regarding the compensation of the 24 inspector general; modifying powers and requirements 25 as to the auditing and investigatory duties of the 26 inspector general; revising requirements for the 27 inspector general’s annual report; providing that 28 complaints or allegations regarding the office of 29 inspector general be submitted to the Chief Inspector 30 General, rather than the agency head; authorizing each 31 agency inspector general to issue and serve subpoenas; 32 authorizing the inspector general to petition the 33 circuit court in the event of noncompliance with a 34 subpoena; providing an effective date. 35 36 Be It Enacted by the Legislature of the State of Florida: 37 38 Section 1. Paragraph (b) of subsection (5) of section 39 14.32, Florida Statutes, is amended, and paragraph (d) is added 40 to that subsection, to read: 41 14.32 Office of Chief Inspector General.— 42 (5) In exercising authority under this section, the Chief 43 Inspector General or his or her designee may: 44 (b) Issue and serve subpoenas and subpoenas duces tecum, 45 for executive branch agenciesunder the jurisdiction of the46Governor, to compel the attendance of witnesses and the 47 production of documents, reports, answers, records, accounts, 48 and other data in any medium. 49 (d) Appoint duly constituted certified law enforcement 50 officers who meet the qualifications of law enforcement officers 51 established by chapter 943 under the job classification of 52 “CIG/EOG Law Enforcement Inspector.” An officer who is appointed 53 pursuant to this paragraph is subject to chapter 901, and has 54 the same arrest, jurisdiction, and other authority provided for 55 state law enforcement officers in that chapter. Each officer has 56 the same right and authority to carry firearms as other state 57 law enforcement officers. These law enforcement powers include, 58 but are not limited to, the ability to make arrests; serve 59 search warrants, subpoenas, or writs; collect or seize evidence; 60 analyze evidence; conduct interviews; conduct physical 61 surveillance and prepare reports and exhibits; and assist 62 prosecutors in the preparation and presentation of criminal 63 cases to include testimony in courts. The focus of such officers 64 is to detect, deter, and investigate waste, fraud, abuse, and 65 misconduct in a state commission, an agency under the 66 jurisdiction of the Governor, or the Executive Office of the 67 Governor, and to promote economy and efficiency in those 68 entity’s programs through administrative or criminal 69 investigations, reviews, and inspections. 70 71 In the event of noncompliance with a subpoena issued pursuant to 72 this subsection, the Chief Inspector General may petition the 73 circuit court of the county in which the person subpoenaed 74 resides or has his or her principal place of business for an 75 order requiring the subpoenaed person to appear and testify and 76 to produce documents, reports, answers, records, accounts, or 77 other data as specified in the subpoena. 78 Section 2. Paragraphs (b), (c), and (d) of subsection (3), 79 paragraphs (c) and (f) of subsection (6), subsection (7), 80 paragraph (c) of subsection (8), and subsection (9) of section 81 20.055, Florida Statutes, are amended, paragraph (e) is added to 82 subsection (3) of that section, and subsection (11) is added to 83 that section, to read: 84 20.055 Agency inspectors general.— 85 (3) 86 (b) The inspector general shall report to the Chief 87 Inspector Generaland be under the general supervision of the88agency headand is not subject to supervision by the agency head 89 or any other employee of the state agency in which the office is 90 established. For state agencies under the jurisdiction of the 91 Governor, the inspector general shall be under the general 92 budgetsupervisionof the agency in which the office is 93 establishedhead for administrative purposes, shall report to 94 the Chief Inspector General, and may hire and remove staff 95 within the office of the inspector general in consultation with 96 the Chief Inspector General but independently of the agency. The 97 inspector general may procure services necessary to perform the 98 office’s mission, independently of the agency in which the 99 office is established, and may hire and remove staff within the 100 office who are duly constituted law enforcement officers who 101 meet the qualifications of chapter 943. 102 (c) For state agencies under the jurisdiction of the 103 Cabinet or the Governor and Cabinet, the inspector general may 104 only be removed from office by the Chief Inspector General, or 105 transferred to another position with the Chief Inspector 106 General’s approvalagency head. For state agencies under the 107 jurisdiction of the Governor, the inspector general may only be 108 removed from office or transferred to another position by the 109 Chief Inspector General for cause, includingconcerns regarding110performance,malfeasance, misfeasance, misconduct, or failure to 111 carry out his or her duties under this section. The Chief 112 Inspector General shall notify the Governor in writing of his or 113 her intention to remove or transfer the inspector general at 114 least 21 days before the removal. For state agencies under the 115 jurisdiction of the Governor and Cabinet, the agency head may 116 only remove or transfer the inspector general for cause, 117 including malfeasance, misfeasance, misconduct, or failure to 118 carry out his or her duties under this section. The agency head 119 shall notify the Governor and Cabinet in writing of his or her 120 intention to remove the inspector general at least 21 days 121 before the removal. For agencies under the Governor, the 122 Governor and Cabinet, or a Cabinet officer, if the inspector 123 general disagrees with the removal or transfer, the inspector 124 general may present objections in writing to the Governor, each 125 Cabinet officer, the President of the Senate, the Speaker of the 126 House of Representatives, and the Majority and Minority Leaders 127 of both houses of the Legislature within 30 days of the 128 notificationthe 21-day period. 129 (d) The Governor, the Governor and Cabinet, a Cabinet 130 officer, the agency head, or agency staff may not prevent or 131 prohibit the inspector general from initiating, carrying out, or 132 completing any audit or investigation. 133 (e) The inspector general must be compensated at the same 134 rate as other senior management officials within the agency. 135 (6) In carrying out the auditing duties and 136 responsibilities of this act, each inspector general shall 137 review and evaluate internal controls necessary to ensure the 138 fiscal accountability of the state agency. The inspector general 139 shall conduct financial, compliance, electronic data processing, 140 and performance audits of the agency and prepare audit reports 141 of his or her findings. The scope and assignment of the audits 142 shall be determined by the inspector general; however, the 143 agency head may at any time request the inspector general to 144 perform an audit of a special program, function, or 145 organizational unit. The performance of the audit shall be under 146 the direction of the inspector general, except that if the 147 inspector general does not possess the qualifications specified 148 in subsection (4), the director of auditing shall perform the 149 functions listed in this subsection. 150 (c) The inspector general and the staff shall have access 151 to any records, data, and other information or staff of the 152 state agency he or she deems necessary to carry out his or her 153 duties. The inspector general may also request such information 154 or assistance as may be necessary from the state agency or from 155 any federal, state, or local government entity. 156 (f) The inspector general shall submit the final report to 157 the agency head, the Auditor General, and, for state agencies 158 under the jurisdiction of the Governor, the Chief Inspector 159 General. Final audit reports must be posted to the applicable 160 agency’s website within 5 business days after the report becomes 161 final. 162 (7) In carrying out the administrative or criminal 163 investigative duties and responsibilities specified in this 164 section, each inspector general shall initiate, conduct, 165 supervise, and coordinate investigations designed to detect, 166 deter, prevent, and eradicate fraud, waste, mismanagement, 167 misconduct, and other abuses in state government. For these 168 purposes, each inspector general shall: 169 (a) Receive complaints and coordinate all activities of the 170 agency as required by the Whistle-blower’s Act pursuant to ss. 171 112.3187-112.31895. 172 (b) Receive and consider the complaints which do not meet 173 the criteria for an investigation under the Whistle-blower’s Act 174 and conduct, supervise, or coordinate such inquiries, 175 investigations, or reviews as the inspector general deems 176 appropriate. 177 (c) Report expeditiously to the Department of Law 178 Enforcement or other law enforcement agencies, as appropriate, 179 whenever the inspector general has reasonable grounds to believe 180 there has been a violation of criminal law. 181 (d) Conduct all types of investigations and other inquiries 182 free of actual or perceived impairment to the independence of 183 the inspector general or the inspector general’s office. This 184 shall include freedom from any interference with investigations 185 and timely access to records and other sources of information. 186 (e) At the conclusion of each investigation in which the 187 subject of the investigation is a specific entity contracting 188 with the state or an individual substantially affected as 189 defined by this section, and if the investigation is not 190 confidential or otherwise exempt from disclosure by law, the 191 inspector general shall, consistent with s. 119.07(1), submit 192 findings to the subject that is a specific entity contracting 193 with the state or an individual substantially affected, who 194 shall be advised in writing that they may submit a written 195 response within 20 working days after receipt of the findings. 196 Such response and the inspector general’s rebuttal to the 197 response, if any, shall be included in the final investigative 198 report. 199 (f) Submit in a timely fashion final reports on 200 investigations conducted by the inspector general to the agency 201 head, except for whistle-blower’s investigations, which shall be 202 conducted and reported pursuant to s. 112.3189. 203 (8) 204 (c) The final reports prepared pursuant to paragraphs (a) 205 and (b) shall be provided to the heads of the respective 206 agencies and, for state agencies under the jurisdiction of the 207 Governor, the Chief Inspector General. Such reports shall 208 include, but need not be limited to: 209 1. A description of activities relating to the development, 210 assessment, and validation of performance measures. 211 2. A description of significant abuses and deficiencies 212 relating to the administration of programs and operations of the 213 agency disclosed by investigations, audits, reviews, or other 214 activities during the reporting period. 215 3. A description of the recommendations for corrective 216 action made by the inspector general during the reporting period 217 with respect to significant problems, abuses, or deficiencies 218 identified. 219 4. The identification of each significant recommendation 220 described in previous annual reports on which corrective action 221 has not been completed. 222 5. A summary of each audit and investigation completed 223 during the reporting period. 224 6. A summary of the budget of the office of inspector 225 general, including a statement concerning whether the budget is 226 sufficient to address and achieve the office’s mission. 227 7. A description of whether the agency has interfered with, 228 or attempted to interfere with, the independence of the office 229 and whether the agency has responded timely to requests for 230 information, testimony, and records. 231 (9) The inspector general in each state agency shall 232 provide to the Chief Inspector Generalagency head, upon 233 receipt, all written complaints concerning the duties and 234 responsibilities in this section or any allegation of misconduct 235 related to the office of the inspector general or its employees, 236 if received from subjects of audits or investigations who are 237 individuals substantially affected or entities contracting with 238 the state, as defined in this section. The Chief Inspector 239 General may investigate such complaints or allegations as he or 240 she deems appropriate or take other appropriate actionFor state241agencies under the jurisdiction of the Governor, the inspector242general shall also provide the complaint to the Chief Inspector243General. 244 (11) Each agency inspector general may issue and serve 245 subpoenas and subpoenas duces tecum to compel the attendance of 246 witnesses and the production of documents, reports, answers, 247 records, accounts, and other data in any medium. In the event of 248 noncompliance with a subpoena or a subpoena duces tecum issued 249 pursuant to this section, the inspector general may petition the 250 circuit court of the county in which the person subpoenaed 251 resides or has his or her principal place of business for an 252 order requiring the subpoenaed person to appear and testify and 253 to produce documents, reports, answers, records, accounts, or 254 other data as specified in the subpoena or subpoena duces tecum. 255 Section 3. This act shall take effect July 1, 2019.