HB 535

1
A bill to be entitled
2An act relating to inspectors general; transferring,
3renumbering, and amending s. 14.32, F.S.; providing
4that the Chief Inspector General is responsible for
5all agency inspectors general, including cabinet
6agencies and the Executive Office of the Governor;
7housing the office of the Chief Inspector General in
8the Executive Office of the Governor for
9administrative purposes only; providing that the Chief
10Inspector General reports to the Cabinet; amending s.
1120.055, F.S.; revising definitions; providing that the
12term "state agencies" includes cabinet agencies;
13updating a cross-reference; requiring the agency
14inspector general to keep the Chief Inspector General
15informed of any agency fraud, abuses, or deficiencies
16and authorizing the inspector general to not inform
17the agency head under certain circumstances; requiring
18agency inspectors general to be appointed by the Chief
19Inspector General, subject to the consent of the
20agency head; revising the procedures for removing an
21inspector general; providing that an agency inspector
22general may be removed only by the Chief Inspector
23General in consultation with the agency head;
24requiring an agency inspector general to be certified
25by the Association of Inspectors General; requiring
26agency inspectors general to establish internal and
27external procedures for receiving complaints from
28employees and the public; authorizing the inspector
29general of the Department of Law Enforcement to bypass
30informing the executive director of the Department of
31Law Enforcement under certain circumstances; requiring
32agency inspectors general to provide final reports on
33investigations, an annual report, and certain written
34complaints to the Chief Inspector General; requiring
35one or more investigators within the agency inspector
36general's office to be a sworn law enforcement
37officer; amending s. 112.3187, F.S.; revising the
38definition of the term "independent contractor" under
39the state Whistle-blower's Act to include anyone who
40receives public funds; conforming provisions to
41changes made by the act; amending s. 112.3189, F.S.;
42conforming provisions to changes made by the act;
43permitting employees disclosing information resulting
44in a recovery of funds to receive a percent of any
45funds recovered; amending ss. 112.31895 and 112.31901,
46F.S.; conforming provisions to changes made by the
47act; creating s. 287.0565, F.S.; directing the
48Department of Management Services to adopt criteria
49for the use of purchasing cards; requiring the agency
50inspector general to conduct periodic audits of the
51use of such cards; providing an effective date.
52
53Be It Enacted by the Legislature of the State of Florida:
54
55     Section 1.  Section 14.32, Florida Statutes, is transferred
56and renumbered as section 20.054, Florida Statutes, and amended
57to read:
58     20.054 14.32  Office of Chief Inspector General.-
59     (1)  There is created in the Executive Office of the
60Governor the Office of Chief Inspector General, which, for
61administrative purposes only, shall be housed in the Executive
62Office of the Governor. The Chief Inspector General shall be
63responsible for promoting accountability, integrity, and
64efficiency in the agencies under the jurisdiction of the
65Governor and the Cabinet. The Chief Inspector General shall be
66nominated by the Governor, and approved appointed by and serve
67at the pleasure of the Cabinet Governor.
68     (2)  The Chief Inspector General shall:
69     (a)  Initiate, supervise, and coordinate investigations,
70recommend policies, and carry out other activities designed to
71deter, detect, prevent, and eradicate fraud, waste, abuse,
72mismanagement, and misconduct in government.
73     (b)  Investigate, upon receipt of a complaint or for cause,
74any administrative action of any agency, the administration of
75which is under the direct supervision of the Governor or
76Cabinet, regardless of the finality of the administrative
77action.
78     (c)  Request such assistance and information as may be
79necessary for the performance of the duties of the Chief
80Inspector General.
81     (d)  Examine the records and reports of any agency the
82administration of which is under the direct supervision of the
83Governor or Cabinet.
84     (e)  Coordinate complaint-handling activities with
85agencies.
86     (f)  Coordinate the activities of the Whistle-blower's Act
87pursuant to chapter 112 and maintain the whistle-blower's
88hotline to receive complaints and information concerning the
89possible violation of law or administrative rules,
90mismanagement, fraud, waste, abuse of authority, malfeasance, or
91a substantial or specific danger to the health, welfare, or
92safety of the public.
93     (g)  Report expeditiously to and cooperate fully with the
94Department of Law Enforcement, the Department of Legal Affairs,
95and other law enforcement agencies if when there are
96recognizable grounds to believe that there has been a violation
97of criminal law or that a civil action should be initiated.
98     (h)  Act as liaison with outside agencies and the Federal
99Government to promote accountability, integrity, and efficiency
100in state government.
101     (i)  Act as liaison and monitor the activities of the
102inspectors general in the agencies under the Governor and
103Cabinet, including the Executive Office of the Governor
104Governor's jurisdiction.
105     (j)  Review, evaluate, and monitor the policies, practices,
106and operations of the Executive Office of the Governor.
107     (j)(k)  Conduct special investigations and management
108reviews at the request of the Governor and Cabinet.
109     (3)  Related to public-private partnerships, the Chief
110Inspector General:
111     (a)  Shall advise public-private partnerships, including
112Enterprise Florida, Inc., in their development, utilization, and
113improvement of internal control measures necessary to ensure
114fiscal accountability.
115     (b)  May conduct, direct, and supervise audits relating to
116the programs and operations of public-private partnerships.
117     (c)  Shall receive and investigate complaints of fraud,
118abuses, and deficiencies relating to programs and operations of
119public-private partnerships.
120     (d)  May request and have access to any records, data, and
121other information in the possession of public-private
122partnerships which the Chief Inspector General deems necessary
123to carry out his or her responsibilities with respect to
124accountability.
125     (e)  Shall monitor public-private partnerships for
126compliance with the terms and conditions of contracts with the
127department and report noncompliance to the Governor.
128     (f)  Shall advise public-private partnerships in the
129development, utilization, and improvement of performance
130measures for the evaluation of their operations.
131     (g)  Shall review and make recommendations for improvements
132in the actions taken by public-private partnerships to meet
133performance standards.
134     (4)  The Chief Inspector General shall serve as the
135inspector general for the Executive Office of the Governor.
136     Section 2.  Section 20.055, Florida Statutes, is amended to
137read:
138     20.055  Agency inspectors general.-
139     (1)  For the purposes of this section:
140     (a)  "State agency" means each department created pursuant
141to this chapter, and also includes the Executive Office of the
142Governor, the Cabinet agencies, the Department of Military
143Affairs, the Fish and Wildlife Conservation Commission, the
144Office of Insurance Regulation of the Financial Services
145Commission, the Office of Financial Regulation of the Financial
146Services Commission, the Public Service Commission, the Board of
147Governors of the State University System, the Florida Housing
148Finance Corporation, and the state courts system.
149     (b)  "Agency head" means the Governor, a Cabinet officer, a
150secretary as defined in s. 20.03(5), or an executive director as
151defined in s. 20.03(6). It also includes the chair of the Public
152Service Commission, the Director of the Office of Insurance
153Regulation of the Financial Services Commission, the Director of
154the Office of Financial Regulation of the Financial Services
155Commission, the board of directors of the Florida Housing
156Finance Corporation, and the Chief Justice of the State Supreme
157Court.
158     (c)  "Individuals substantially affected" means natural
159persons who have established a real and sufficiently immediate
160injury in fact due to the findings, conclusions, or
161recommendations of a final report of a state agency inspector
162general, who are the subject of the audit or investigation, and
163who do not have or are not currently afforded an existing right
164to an independent review process. The term does not include
165employees of the state, including career service, probationary,
166other personal service, Selected Exempt Service, and Senior
167Management Service employees;, are not covered by this
168definition. This definition also does not cover former employees
169of the state if the final report of the state agency inspector
170general relates to matters arising during a former employee's
171term of state employment; or. This definition does not apply to
172persons who are the subject of audits or investigations
173conducted pursuant to ss. 112.3187-112.31895 or s. 409.913 or
174which are otherwise confidential and exempt under s. 119.07.
175     (d)  "Entities contracting with the state" means for-profit
176and not-for-profit organizations or businesses having a legal
177existence, such as corporations or partnerships, as opposed to
178natural persons, which have entered into a relationship with a
179state agency as defined in paragraph (a) to provide for
180consideration certain goods or services for consideration to the
181state agency or on behalf of the state agency. The relationship
182may be evidenced by payment by warrant or purchasing card,
183contract, purchase order, provider agreement, or other such
184mutually agreed upon relationship. The term This definition does
185not apply to entities that which are the subject of audits or
186investigations conducted pursuant to ss. 112.3187-112.31895 or
187s. 409.913 or that which are otherwise confidential and exempt
188under s. 119.07.
189     (2)  The Office of Inspector General is hereby established
190in each state agency to coordinate and be responsible provide a
191central point for coordination of and responsibility for
192activities that promote accountability, integrity, and
193efficiency in government. It is shall be the duty and
194responsibility of each inspector general, with respect to the
195state agency in which the office is established, to:
196     (a)  Advise in the development of performance measures,
197standards, and procedures for the evaluation of state agency
198programs, including:.
199     1.(b)  Assessing Assess the reliability and validity of the
200information provided by the state agency on performance outcomes
201measures and standards, and making make recommendations for
202improvement, if necessary, prior to submission of those outcomes
203measures and standards to the Executive Office of the Governor
204pursuant to s. 216.013 s. 216.0166(1).
205     2.(c)  Reviewing Review the actions taken by the state
206agency to improve program performance and meet program standards
207and making make recommendations for improvement, if necessary.
208     (b)(d)  Provide direction for, supervise, and coordinate
209audits, investigations, and management reviews relating to the
210programs and operations of the state agency. If, except that
211when the inspector general does not possess the qualifications
212specified in subsection (4), the director of auditing shall
213conduct such audits.
214     (c)(e)  Conduct, supervise, or coordinate other activities
215carried out or financed by that state agency for the purpose of
216promoting economy and efficiency in the administration of, or
217preventing and detecting fraud and abuse in, its programs and
218operations.
219     (d)(f)  Keep the such agency head and the Chief Inspector
220General informed concerning any fraud, abuses, or and
221deficiencies relating to programs and operations administered or
222financed by the state agency, recommend corrective action
223concerning such fraud, abuses, or and deficiencies, and report
224on the progress made in implementing corrective action. However,
225if the inspector general has reasonable concerns that keeping
226the agency head informed may compromise any related
227investigation, the inspector general shall first report such
228concerns to the Chief Inspector General who shall make a
229determination about whether to report to the agency head. If the
230Chief Inspector General concludes that such investigation should
231not be reported to the agency head, the Chief Inspector General
232shall report such determination to the Governor and Cabinet.
233     (e)(g)  Ensure effective coordination and cooperation
234between the Auditor General, federal auditors, and other
235governmental bodies in order to avoid with a view toward
236avoiding duplication.
237     (f)(h)  Review, as appropriate, rules relating to the
238programs and operations of the such state agency and make
239recommendations concerning their impact.
240     (g)(i)  Ensure that an appropriate balance is maintained
241between audit, investigative, and other accountability
242activities.
243     (h)(j)  Comply with the General Principles and Standards
244for Offices of Inspector General as published and revised by the
245Association of Inspectors General.
246     (3)(a)  The inspector general of each state agency shall be
247appointed by the Chief Inspector General, subject to the written
248consent of the agency head. The inspector general shall be
249appointed without regard to political affiliation. For agencies
250under the direction of the Governor, the appointment shall be
251made after notifying the Governor and the Chief Inspector
252General in writing, at least 7 days prior to an offer of
253employment, of the agency head's intention to hire the inspector
254general.
255     (a)(b)  Except as provided in paragraphs (2)(d) and (6)(g),
256each inspector general shall report to and be under the general
257supervision of the agency head and is shall not be subject to
258supervision by any other employee of the state agency. The
259inspector general shall be appointed without regard to political
260affiliation.
261     (b)(c)  An inspector general may be removed from office by
262the Chief Inspector General, in consultation with the agency
263head. Following consultation with the agency head For agencies
264under the direction of the Governor, the Chief Inspector General
265agency head shall notify the inspector general and the Governor
266and Cabinet Governor and the Chief Inspector General, in
267writing, of the intention to terminate the inspector general for
268good cause shown at least 21 7 days before prior to the removal.
269Good cause must be documented in the notification. The inspector
270general may not be removed if an objection is made by the
271Governor or Cabinet within the 21 days before removal. Removal
272may be made if the objection is later rescinded. For state
273agencies under the direction of the Governor and Cabinet, the
274agency head shall notify the Governor and Cabinet in writing of
275the intention to terminate the inspector general at least 7 days
276prior to the removal.
277     (c)(d)  An The agency head or agency staff may shall not
278prevent or prohibit the inspector general from initiating,
279carrying out, or completing any audit or investigation.
280     (4)  The inspector general must be certified by the
281Association of Inspectors General. To ensure that state agency
282audits are performed in accordance with applicable auditing
283standards, the inspector general or the director of auditing
284within the inspector general's office must shall possess the
285following qualifications:
286     (a)  A bachelor's degree from an accredited college or
287university with a major in accounting, or with a major in
288business which includes five courses in accounting, and 5 years
289of experience as an internal auditor or independent postauditor,
290electronic data processing auditor, accountant, or any
291combination thereof. The experience must, shall at a minimum,
292consist of audits of units of government or private business
293enterprises, operating for profit or not for profit; or
294     (b)  A master's degree in accounting, business
295administration, or public administration from an accredited
296college or university and 4 years of experience as required in
297paragraph (a); or
298     (c)  A certified public accountant license issued pursuant
299to chapter 473 or a certified internal audit certificate issued
300by the Institute of Internal Auditors or earned by examination,
301and 4 years of experience as required in paragraph (a).
302     (5)  In carrying out the auditing duties and
303responsibilities of this section act, each inspector general
304shall review and evaluate internal controls necessary to ensure
305the fiscal accountability of the state agency. The inspector
306general shall conduct financial, compliance, electronic data
307processing, and performance audits of the agency and prepare
308audit reports of his or her findings. The scope and assignment
309of the audits shall be determined by the inspector general;
310however, the agency head may at any time direct the inspector
311general to perform an audit of a special program, function, or
312organizational unit. The performance of the audit shall be under
313the direction of the inspector general, except that if the
314inspector general does not possess the qualifications specified
315in subsection (4), the director of auditing shall perform the
316functions listed in this subsection.
317     (a)  Such audits shall be conducted in accordance with the
318current International Standards for the Professional Practice of
319Internal Auditing as published by the Institute of Internal
320Auditors, Inc., or, where appropriate, in accordance with
321generally accepted governmental auditing standards. All audit
322reports issued by internal audit staff must shall include a
323statement that the audit was conducted pursuant to the
324appropriate standards.
325     (b)  Audit workpapers and reports are shall be public
326records to the extent that they do not include information that
327which has been made confidential and exempt from the provisions
328of s. 119.07(1) pursuant to law. However, if when the inspector
329general or a member of the staff receives a complaint or
330information from an individual which a complaint or information
331that falls within the definition provided in s. 112.3187(5), the
332name or identity of the individual may shall not be disclosed to
333anyone else without the written consent of the individual,
334unless the inspector general determines that such disclosure is
335unavoidable during the course of the audit or investigation.
336     (c)  The inspector general and the staff shall have access
337to any records, data, and other information of the state agency
338he or she deems necessary to carry out his or her duties. The
339inspector general may is also authorized to request such
340information or assistance as may be necessary from the state
341agency or from any federal, state, or local government entity.
342     (d)  At the conclusion of each audit, the inspector general
343shall submit preliminary findings and recommendations to the
344person responsible for supervision of the program function or
345operational unit who shall respond to any adverse findings
346within 20 working days after receipt of the preliminary
347findings. Such response and the inspector general's rebuttal to
348the response shall be included in the final audit report.
349     (e)  At the conclusion of an audit in which the subject of
350the audit is a specific entity contracting with the state or an
351individual substantially affected, if the audit is not
352confidential or otherwise exempt from disclosure by law, the
353inspector general shall, consistent with s. 119.07(1), submit
354the findings to the entity contracting with the state or the
355individual substantially affected, who shall be advised in
356writing that they may submit a written response within 20
357working days after receipt of the findings. The response and the
358inspector general's rebuttal to the response, if any, must be
359included in the final audit report.
360     (f)  The inspector general shall submit the final report to
361the agency head and to the Auditor General.
362     (g)  The Auditor General, in connection with the
363independent postaudit of the same agency pursuant to s. 11.45,
364shall give appropriate consideration to internal audit reports
365and the resolution of findings therein. The Legislative Auditing
366Committee may inquire into the reasons or justifications for
367failure of the agency head to correct the deficiencies reported
368in internal audits that are also reported by the Auditor General
369and shall take appropriate action.
370     (h)  The inspector general shall monitor the implementation
371of the state agency's response to any report on the state agency
372issued by the Auditor General or by the Office of Program Policy
373Analysis and Government Accountability. Within No later than 6
374months after the Auditor General or the Office of Program Policy
375Analysis and Government Accountability publishes a report on the
376state agency, the inspector general shall provide a written
377response to the agency head on the status of corrective actions
378taken. The Inspector General shall file a copy of such response
379with the Legislative Auditing Committee.
380     (i)  The inspector general shall develop long-term and
381annual audit plans based on the findings of periodic risk
382assessments. The plan, where appropriate, should include
383postaudit samplings of payments and accounts. The plan shall
384show the individual audits to be conducted during each year and
385related resources to be devoted to the respective audits. The
386Chief Financial Officer, to assist in fulfilling the
387responsibilities for examining, auditing, and settling accounts,
388claims, and demands pursuant to s. 17.03(1), and examining,
389auditing, adjusting, and settling accounts pursuant to s. 17.04,
390may use utilize audits performed by the inspectors general and
391internal auditors. For state agencies under the Governor, The
392audit plans shall be submitted to the Governor's Chief Inspector
393General. The plan shall be submitted to the agency head for
394approval. A copy of the approved plan shall be submitted to the
395Auditor General.
396     (6)  In carrying out the investigative duties and
397responsibilities specified in this section, each inspector
398general shall initiate, conduct, supervise, and coordinate
399investigations designed to detect, deter, prevent, and eradicate
400fraud, waste, mismanagement, misconduct, and other abuses in
401state government. For these purposes, each inspector general
402shall:
403     (a)  Establish an internal procedure for receiving concerns
404or complaints from state agency personnel and a link on the
405state agency's website for receiving concerns or complaints from
406clients or vendors of the agency or other members of the public.
407     (b)(a)  Receive complaints and coordinate all activities of
408the agency as required by the Whistle-blower's Act pursuant to
409ss. 112.3187-112.31895.
410     (c)(b)  Receive and consider the complaints that which do
411not meet the criteria for an investigation under the Whistle-
412blower's Act and conduct, supervise, or coordinate such
413inquiries, investigations, or reviews as the inspector general
414deems appropriate.
415     (d)(c)  Report expeditiously to the Department of Law
416Enforcement or other law enforcement agencies, as appropriate,
417whenever the inspector general has reasonable grounds to believe
418there has been a violation of criminal law. However, the
419inspector general for the Department of Law Enforcement may
420consult with the Chief Inspector General before reporting
421instances of suspected criminal acts within the Department of
422Law Enforcement. The Chief Inspector General shall make a
423determination of whether such investigation shall be reported to
424the executive director of the Department of Law Enforcement. If
425the Chief Inspector General determines that such instances
426should not be reported to the executive director, he or she
427shall report such determination to the Governor and Cabinet.
428     (e)(d)  Conduct investigations and other inquiries free of
429actual or perceived impairment to the independence of the
430inspector general or the inspector general's office. This
431includes shall include freedom from any interference with
432investigations and timely access to records and other sources of
433information.
434     (f)(e)  At the conclusion of each investigation in which
435the subject of the investigation is a specific entity
436contracting with the state or an individual substantially
437affected as defined by this section, and if the investigation is
438not confidential or otherwise exempt from disclosure by law, the
439inspector general shall, consistent with s. 119.07(1), submit
440findings to the subject that is a specific entity contracting
441with the state or an individual substantially affected, who
442shall be advised in writing that they may submit a written
443response within 20 working days after receipt of the findings.
444Such response and the inspector general's rebuttal to the
445response, if any, shall be included in the final investigative
446report.
447     (g)(f)  Submit in a timely fashion final reports on
448investigations conducted by the inspector general to the agency
449head and the Chief Inspector General, except for whistle-
450blower's investigations, which shall be conducted and reported
451pursuant to s. 112.3189.
452     (7)(a)  Except as provided in paragraph (b), Each inspector
453general shall, by not later than September 30 of each year,
454prepare an annual report summarizing the activities of the
455office during the immediately preceding state fiscal year.
456However,
457     (b)  the inspector general of the Florida Housing Finance
458Corporation shall, within not later than 90 days after the end
459of each fiscal year, prepare an annual report summarizing the
460activities of the office of inspector general during the
461immediately preceding fiscal year.
462     (c)  The final reports prepared pursuant to paragraphs (a)
463and (b) shall be furnished to the heads of the respective
464agencies and the Chief Inspector General. Such reports shall
465include, but need not be limited to:
466     (a)1.  A description of activities relating to the
467development, assessment, and validation of performance measures.
468     (b)2.  A description of significant problems, abuses, and
469deficiencies relating to the administration of programs and
470operations of the agency disclosed by investigations, audits,
471reviews, or other activities during the reporting period.
472     (c)3.  A description of the recommendations for corrective
473action made by the inspector general during the reporting period
474with respect to significant problems, abuses, or deficiencies
475identified.
476     (d)4.  The identification of each significant
477recommendation described in previous annual reports on which
478corrective action has not been completed.
479     (e)5.  A summary of each audit and investigation completed
480during the reporting period.
481     (8)  The inspector general in each state agency shall
482provide to the agency head and the Chief Inspector General, upon
483receipt, all written complaints concerning the duties and
484responsibilities in this section, or any allegation of
485misconduct related to the office of the inspector general or its
486employees, if received from subjects of audits or investigations
487who are individuals substantially affected or entities
488contracting with the state, as defined in this section. For
489agencies solely under the direction of the Governor, the
490inspector general shall also provide the complaint to the Chief
491Inspector General.
492     (9)  Each agency inspector general shall, to the extent
493both necessary and practicable, include on his or her staff
494individuals with electronic data processing auditing experience.
495One or more of the investigators within the office must be a
496sworn law enforcement officer.
497     Section 3.  Paragraph (d) of subsection (3) and subsection
498(7) of section 112.3187, Florida Statutes, are amended to read:
499     112.3187  Adverse action against employee for disclosing
500information of specified nature prohibited; employee remedy and
501relief.-
502     (3)  DEFINITIONS.-As used in this act, unless otherwise
503specified, the following words or terms shall have the meanings
504indicated:
505     (d)  "Independent contractor" means an individual or
506business entity a person, other than an agency, engaged in any
507business, and who enters into a contract, including a provider
508agreement, with an agency, or who otherwise receives public
509funds to perform a public service.
510     (7)  EMPLOYEES AND PERSONS PROTECTED.-This section protects
511employees and persons who disclose information on their own
512initiative in a written and signed complaint; who are requested
513to participate in an investigation, hearing, or other inquiry
514conducted by any agency or federal government entity; who refuse
515to participate in any adverse action prohibited by this section;
516or who initiate a complaint through the whistle-blower's hotline
517or the hotline of the Medicaid Fraud Control Unit of the
518Department of Legal Affairs; or employees who file a any written
519complaint to their supervisory officials or employees who submit
520a complaint to the Chief Inspector General in the Executive
521Office of the Governor, to the employee designated as agency
522inspector general under s. 112.3189(1), or to the Florida
523Commission on Human Relations. The provisions of this section
524may not be used by a person while he or she is under the care,
525custody, or control of the state correctional system or, after
526release from the care, custody, or control of the state
527correctional system, with respect to circumstances that occurred
528during any period of incarceration. No remedy or other
529protection under ss. 112.3187-112.31895 applies to any person
530who has committed or intentionally participated in committing
531the violation or suspected violation for which protection under
532ss. 112.3187-112.31895 is being sought.
533     Section 4.  Subsection (1) of section 112.3189, Florida
534Statutes, is amended, and subsection (12) is added to that
535section, to read:
536     112.3189  Investigative procedures upon receipt of whistle-
537blower information from certain state employees.-
538     (1)  This section only applies only to the disclosure of
539information as described in s. 112.3187(5) by an employee or
540former employee of, or an applicant for employment with, a state
541agency, as the term "state agency" is defined in s. 216.011, to
542the Office of the Chief Inspector General of the Executive
543Office of the Governor or to the agency inspector general. If an
544agency does not have an inspector general, the head of the state
545agency, as defined in s. 216.011, shall designate an employee to
546receive such information described in s. 112.3187(5). For
547purposes of this section and s. 112.3188 only, the employee
548designated by the head of the state agency shall be deemed an
549agency inspector general.
550     (12)  If the investigation under this section, or any
551subsequent criminal action, results in the recovery of state
552funds, the employee disclosing the information may receive up to
55315 percent of the amount recovered.
554     Section 5.  Paragraph (a) of subsection (1) and paragraph
555(a) of subsection (3) of section 112.31895, Florida Statutes,
556are amended to read:
557     112.31895  Investigative procedures in response to
558prohibited personnel actions.-
559     (1)(a)  If a disclosure under s. 112.3187 includes or
560results in alleged retaliation by an employer, the employee or
561former employee of, or applicant for employment with, a state
562agency, as defined in s. 216.011, which that is so affected may
563file a complaint alleging a prohibited personnel action, which
564complaint must be made by filing a written complaint with the
565Office of the Chief Inspector General in the Executive Office of
566the Governor or the Florida Commission on Human Relations
567within, no later than 60 days after the prohibited personnel
568action.
569     (3)  CORRECTIVE ACTION AND TERMINATION OF INVESTIGATION.-
570     (a)  The Florida Commission on Human Relations, in
571accordance with this act and for the sole purpose of this act,
572is empowered to:
573     1.  Receive and investigate complaints from employees
574alleging retaliation by state agencies, as the term "state
575agency" is defined in s. 216.011.
576     2.  Protect employees and applicants for employment with
577such agencies from prohibited personnel practices under s.
578112.3187.
579     3.  Petition for stays and petition for corrective actions,
580including, but not limited to, temporary reinstatement.
581     4.  Recommend disciplinary proceedings pursuant to
582investigation and appropriate agency rules and procedures.
583     5.  Coordinate with the Chief Inspector General in the
584Executive Office of the Governor and the Florida Commission on
585Human Relations to receive, review, and forward to appropriate
586agencies, legislative entities, or the Department of Law
587Enforcement disclosures of a violation of any law, rule, or
588regulation, or disclosures of gross mismanagement, malfeasance,
589misfeasance, nonfeasance, neglect of duty, or gross waste of
590public funds.
591     6.  Review rules pertaining to personnel matters issued or
592proposed by the Department of Management Services, the Public
593Employees Relations Commission, and other agencies, and, if the
594Florida Commission on Human Relations finds that any rule or
595proposed rule, on its face or as implemented, requires the
596commission of a prohibited personnel practice, provide a written
597comment to the appropriate agency.
598     7.  Investigate, request assistance from other governmental
599entities, and, if appropriate, bring actions concerning,
600allegations of retaliation by state agencies under subparagraph
6011.
602     8.  Administer oaths, examine witnesses, take statements,
603issue subpoenas, order the taking of depositions, order
604responses to written interrogatories, and make appropriate
605motions to limit discovery, pursuant to investigations under
606subparagraph 1.
607     9.  Intervene or otherwise participate, as a matter of
608right, in any appeal or other proceeding arising under this
609section before the Public Employees Relations Commission or any
610other appropriate agency, except that the Florida Commission on
611Human Relations must comply with the rules of the commission or
612other agency and may not seek corrective action or intervene in
613an appeal or other proceeding without the consent of the person
614protected under ss. 112.3187-112.31895.
615     10.  Conduct an investigation, in the absence of an
616allegation, to determine whether reasonable grounds exist to
617believe that a prohibited action or a pattern of prohibited
618action has occurred, is occurring, or is to be taken.
619     Section 6.  Subsections (1) and (2) of section 112.31901,
620Florida Statutes, are amended to read:
621     112.31901  Investigatory records.-
622     (1)  If certified pursuant to subsection (2), an
623investigatory record of the Chief Inspector General within the
624Executive Office of the Governor or of the employee designated
625by an agency head as the agency inspector general under s.
626112.3189 is exempt from s. 119.07(1) and s. 24(a), Art. I of the
627State Constitution until the investigation ceases to be active,
628or a report detailing the investigation is provided to the
629Governor or the agency head, or 60 days from the inception of
630the investigation for which the record was made or received,
631whichever first occurs. Investigatory records are those records
632that are related to the investigation of an alleged, specific
633act or omission or other wrongdoing, with respect to an
634identifiable person or group of persons, based on information
635compiled by the Chief Inspector General or by an agency
636inspector general, as named under the provisions of s. 112.3189,
637in the course of an investigation. An investigation is active if
638it is continuing with a reasonable, good faith anticipation of
639resolution and with reasonable dispatch.
640     (2)  The Cabinet Governor, in the case of the Chief
641Inspector General, or agency head, in the case of an employee
642designated as the agency inspector general under s. 112.3189,
643may certify that such investigatory records require an exemption
644to protect the integrity of the investigation or avoid
645unwarranted damage to an individual's good name or reputation.
646The certification must specify the nature and purpose of the
647investigation and shall be kept with the exempt records and made
648public when the records are made public.
649     Section 7.  Section 287.0565, Florida Statutes, is created
650to read:
651     287.0565  Purchasing cards.-
652     (1)  The department shall adopt rules establishing
653standards and procedures for the use of purchasing cards by
654state agencies.
655     (2)  Each agency inspector general shall conduct periodic
656audits of the use of purchasing cards in order to monitor and
657confirm the actual purchase of authorized goods and services by
658agency employees.
659     Section 8.  This act shall take effect July 1, 2012.


CODING: Words stricken are deletions; words underlined are additions.