Florida Senate - 2014                             CS for SB 1328
       
       
        
       By the Committee on Governmental Oversight and Accountability;
       and Senator Latvala
       
       
       
       
       585-03740-14                                          20141328c1
    1                        A bill to be entitled                      
    2         An act relating to inspectors general; amending s.
    3         14.32, F.S.; requiring that the Chief Inspector
    4         General be confirmed by the Senate; requiring the
    5         Chief Inspector General to provide independent legal
    6         counsel for specified state agencies; amending s.
    7         20.055, F.S.; revising provisions relating to the
    8         duties, appointment, and removal of agency inspectors
    9         general; updating a cross-reference; providing an
   10         effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Subsection (1) and paragraph (e) of subsection
   15  (2) of section 14.32, Florida Statutes, are amended to read:
   16         14.32 Office of Chief Inspector General.—
   17         (1) There is created in the Executive Office of the
   18  Governor the Office of Chief Inspector General. The Chief
   19  Inspector General is shall be responsible for promoting
   20  accountability, integrity, and efficiency in the agencies under
   21  the jurisdiction of the Governor. The Chief Inspector General
   22  shall be appointed by the Governor, subject to confirmation by
   23  the Senate, and shall serve at the pleasure of the Governor.
   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), (3), (5), (7), and (8) of
   29  section 20.055, Florida Statutes, are amended to read:
   30         20.055 Agency inspectors general.—
   31         (2) The Office of Inspector General is hereby established
   32  in each state agency to provide a central point for coordination
   33  of and responsibility for activities that promote
   34  accountability, integrity, and efficiency in government. It
   35  shall be the duty and responsibility of Each inspector general,
   36  with respect to the state agency in which the office is
   37  established, shall to:
   38         (a) Advise in the development of performance measures,
   39  standards, and procedures for the evaluation of state agency
   40  programs.
   41         (b) Assess the reliability and validity of the information
   42  provided by the state agency on performance measures and
   43  standards, and make recommendations for improvement, if
   44  necessary, before prior to submission of such information those
   45  measures and standards to the Executive Office of the Governor
   46  pursuant to s. 216.1827 s. 216.0166(1).
   47         (c) Review the actions taken by the state agency to improve
   48  program performance and meet program standards and make
   49  recommendations for improvement, if necessary.
   50         (d) Provide direction for, supervise, and coordinate
   51  audits, investigations, and management reviews relating to the
   52  programs and operations of the state agency, except that when
   53  the inspector general does not possess the qualifications
   54  specified in subsection (4), the director of auditing shall
   55  conduct such audits.
   56         (e) Conduct, supervise, or coordinate other activities
   57  carried out or financed by that state agency for the purpose of
   58  promoting economy and efficiency in the administration of, or
   59  preventing and detecting fraud and abuse in, its programs and
   60  operations.
   61         (f) Keep the such agency head and, for state agencies under
   62  the jurisdiction of the Governor, the Chief Inspector General,
   63  informed concerning fraud, abuses, and deficiencies relating to
   64  programs and operations administered or financed by the state
   65  agency, recommend corrective action concerning fraud, abuses,
   66  and deficiencies, and report on the progress made in
   67  implementing corrective action.
   68         (g) Ensure effective coordination and cooperation between
   69  the Auditor General, federal auditors, and other governmental
   70  bodies with a view toward avoiding duplication.
   71         (h) Review, as appropriate, rules relating to the programs
   72  and operations of such state agency and make recommendations
   73  concerning their impact.
   74         (i) Ensure that an appropriate balance is maintained
   75  between audit, investigative, and other accountability
   76  activities.
   77         (j) Comply with the General Principles and Standards for
   78  Offices of Inspector General as published and revised by the
   79  Association of Inspectors General.
   80         (3)(a) For state agencies under the jurisdiction of the
   81  Governor, the inspector general shall be appointed by the Chief
   82  Inspector General agency head. For all other state agencies
   83  under the direction of the Governor, the inspector general shall
   84  be appointed by the agency head. The agency head or Chief
   85  Inspector General shall notify appointment shall be made after
   86  notifying the Governor and the Chief Inspector General in
   87  writing, at least 7 days prior to an offer of employment, of his
   88  or her the agency head’s intention to hire the inspector general
   89  at least 7 days before an offer of employment. The inspector
   90  general shall be appointed without regard to political
   91  affiliation.
   92         (b) The Each inspector general shall report to and be under
   93  the general supervision of the agency head and is shall not be
   94  subject to supervision by any other employee of the state agency
   95  in which the office is established. In addition, for state
   96  agencies under the jurisdiction of the Governor, the inspector
   97  general shall report to the Chief Inspector General, and may
   98  hire and remove staff within the office of the inspector general
   99  in consultation with the Chief Inspector General but
  100  independently of the agency The inspector general shall be
  101  appointed without regard to political affiliation.
  102         (c)1.For state agencies under the jurisdiction of the
  103  Governor, the An inspector general may be removed from office by
  104  the Chief Inspector General for cause, including concerns
  105  regarding performance, malfeasance, misfeasance, misconduct, or
  106  failure to carry out his or her duties under this section agency
  107  head. The Chief Inspector General For agencies under the
  108  direction of the Governor, the agency head shall notify the
  109  Governor and the Chief Inspector General, in writing, of his or
  110  her the intention to terminate the inspector general at least 21
  111  7 days before prior to the removal. If the inspector general
  112  objects to the removal, the inspector general may present
  113  written objections to the agency head or the Governor within the
  114  21 day period.
  115         2. For all other state agencies under the direction of the
  116  Governor and Cabinet, the inspector general may be removed from
  117  office by the agency head. The agency head shall notify the
  118  Governor and Cabinet in writing of the intention to terminate
  119  the inspector general at least 7 days prior to the removal.
  120         (d) The Governor, the Governor and Cabinet, the agency
  121  head, or agency staff may shall not prevent or prohibit the
  122  inspector general from initiating, carrying out, or completing
  123  any audit or investigation.
  124         (e) The Office of Inspector General shall have its own
  125  budget within the respective state agency, developed in
  126  consultation with the Chief Inspector General, sufficient to
  127  meet its mission.
  128         (5) In carrying out the auditing duties and
  129  responsibilities in this section of this act, each inspector
  130  general shall review and evaluate internal controls necessary to
  131  ensure the fiscal accountability of the state agency. The
  132  inspector general shall conduct financial, compliance,
  133  electronic data processing, and performance audits of the agency
  134  and prepare audit reports of his or her findings. The scope and
  135  assignment of the audits shall be determined by the inspector
  136  general; however, the agency head may at any time direct the
  137  inspector general to perform an audit of a special program,
  138  function, or organizational unit. The performance of the audit
  139  shall be under the direction of the inspector general, except
  140  that if the inspector general does not possess the
  141  qualifications specified in subsection (4), the director of
  142  auditing shall perform the functions listed in this subsection.
  143         (a) Such audits shall be conducted in accordance with the
  144  current International Standards for the Professional Practice of
  145  Internal Auditing as published by the Institute of Internal
  146  Auditors, Inc., or, where appropriate, in accordance with
  147  generally accepted governmental auditing standards. All audit
  148  reports issued by internal audit staff shall include a statement
  149  that the audit was conducted pursuant to the appropriate
  150  standards.
  151         (b) Audit workpapers and reports shall be public records to
  152  the extent that they do not include information which has been
  153  made confidential and exempt from the provisions of s. 119.07(1)
  154  pursuant to law. However, when the inspector general or a member
  155  of the staff receives from an individual a complaint or
  156  information that falls within the definition provided in s.
  157  112.3187(5), the name or identity of the individual shall not be
  158  disclosed to anyone else without the written consent of the
  159  individual, unless the inspector general determines that such
  160  disclosure is unavoidable during the course of the audit or
  161  investigation.
  162         (c) The inspector general and the staff shall have access
  163  to any records, data, and other information of the state agency
  164  he or she deems necessary to carry out his or her duties. The
  165  inspector general is also authorized to request such information
  166  or assistance as may be necessary from the state agency or from
  167  any federal, state, or local government entity.
  168         (d) At the conclusion of each audit, the inspector general
  169  shall submit preliminary findings and recommendations to the
  170  person responsible for supervision of the program function or
  171  operational unit who shall respond to any adverse findings
  172  within 20 working days after receipt of the preliminary
  173  findings. Such response and the inspector general’s rebuttal to
  174  the response shall be included in the final audit report.
  175         (e) At the conclusion of an audit in which the subject of
  176  the audit is a specific entity contracting with the state or an
  177  individual substantially affected, if the audit is not
  178  confidential or otherwise exempt from disclosure by law, the
  179  inspector general shall, consistent with s. 119.07(1), submit
  180  the findings to the entity contracting with the state or the
  181  individual substantially affected, who shall be advised in
  182  writing that they may submit a written response within 20
  183  working days after receipt of the findings. The response and the
  184  inspector general’s rebuttal to the response, if any, must be
  185  included in the final audit report.
  186         (f) The inspector general shall submit the final report to
  187  the agency head, and to the Auditor General, and, for state
  188  agencies under the jurisdiction of the Governor, the Chief
  189  Inspector General.
  190         (g) The Auditor General, in connection with the independent
  191  postaudit of the same agency pursuant to s. 11.45, shall give
  192  appropriate consideration to internal audit reports and the
  193  resolution of findings therein. The Legislative Auditing
  194  Committee may inquire into the reasons or justifications for
  195  failure of the agency head to correct the deficiencies reported
  196  in internal audits that are also reported by the Auditor General
  197  and shall take appropriate action.
  198         (h) The inspector general shall monitor the implementation
  199  of the state agency’s response to any report on the state agency
  200  issued by the Auditor General or by the Office of Program Policy
  201  Analysis and Government Accountability. No later than 6 months
  202  after the Auditor General or the Office of Program Policy
  203  Analysis and Government Accountability publishes a report on the
  204  state agency, the inspector general shall provide a written
  205  response to the agency head on the status of corrective actions
  206  taken. The Inspector General shall file a copy of such response
  207  with the Legislative Auditing Committee.
  208         (i) The inspector general shall develop long-term and
  209  annual audit plans based on the findings of periodic risk
  210  assessments. If appropriate, the plan must, where appropriate,
  211  should include postaudit samplings of payments and accounts. The
  212  plan shall show the individual audits to be conducted during
  213  each year and related resources to be devoted to the respective
  214  audits. The Chief Financial Officer, to assist in fulfilling the
  215  responsibilities for examining, auditing, and settling accounts,
  216  claims, and demands pursuant to s. 17.03(1), and examining,
  217  auditing, adjusting, and settling accounts pursuant to s. 17.04,
  218  may use utilize audits performed by the inspectors general and
  219  internal auditors. For state agencies under the jurisdiction of
  220  the Governor, the audit plans shall be submitted to the agency
  221  head for review and to the Governor’s Chief Inspector General.
  222  The plan shall be submitted to the agency head for approval. For
  223  all other state agencies, the plan shall be submitted to the
  224  agency head for approval. A copy of the approved plan shall be
  225  submitted to the Auditor General.
  226         (7)(a) Except as provided in paragraph (b), each inspector
  227  general shall, not later than September 30 of each year, prepare
  228  an annual report summarizing the activities of the office during
  229  the immediately preceding state fiscal year.
  230         (b) The inspector general of the Florida Housing Finance
  231  Corporation shall, not later than 90 days after the end of each
  232  fiscal year, prepare an annual report summarizing the activities
  233  of the Office of Inspector General during the immediately
  234  preceding fiscal year.
  235         (c) The final reports prepared pursuant to paragraphs (a)
  236  and (b) shall be furnished to the heads of the respective
  237  agencies and, for state agencies under the jurisdiction of the
  238  Governor, the Chief Inspector General. Such reports must shall
  239  include, but need not be limited to:
  240         1. A description of activities relating to the development,
  241  assessment, and validation of performance measures.
  242         2. A description of significant abuses and deficiencies
  243  relating to the administration of programs and operations of the
  244  agency disclosed by investigations, audits, reviews, or other
  245  activities during the reporting period.
  246         3. A description of the recommendations for corrective
  247  action made by the inspector general during the reporting period
  248  with respect to significant problems, abuses, or deficiencies
  249  identified.
  250         4. The identification of each significant recommendation
  251  described in previous annual reports on which corrective action
  252  has not been completed.
  253         5. A summary of each audit and investigation completed
  254  during the reporting period.
  255         (8) The inspector general in each state agency shall
  256  provide to the agency head, upon receipt, all written complaints
  257  concerning the duties and responsibilities in this section or
  258  any allegation of misconduct related to the office of the
  259  inspector general or its employees, if received from subjects of
  260  audits or investigations who are individuals substantially
  261  affected or entities contracting with the state, as defined in
  262  this section. For state agencies solely under the jurisdiction
  263  direction of the Governor, the inspector general shall also
  264  provide the complaint to the Chief Inspector General.
  265         Section 3. This act shall take effect July 1, 2014.