Senate Bill sb2816
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 SB 2816
By Senator Atwater
25-1487-03
1 A bill to be entitled
2 An act relating to inspectors general; amending
3 s. 14.32, F.S.; allowing the Chief Inspector
4 General to reallocate staff and other resources
5 among agency inspectors general to accomplish
6 stated purposes; amending s. 20.055, F.S.;
7 granting to agency inspectors general the
8 authority to subpoena documents; requiring the
9 inspectors general to use procedures other than
10 subpoenas to obtain information from state
11 agencies; amending ss. 112.3187, 112.3188,
12 112.3189, 112.31895, F.S.; amending selected
13 provisions of the "Whistle-blower's Act";
14 amending the description of information the
15 disclosure of which is subject to the act;
16 amending the description of information for
17 which confidentiality is to be provided under
18 the act; amending the description of matters to
19 be established through investigative procedures
20 under the act; providing additional
21 responsibilities of the agency inspectors
22 general; revising a deadline for determining
23 whether certain discharged employees should be
24 temporarily reinstated; providing an effective
25 date.
26
27 Be It Enacted by the Legislature of the State of Florida:
28
29 Section 1. Paragraph (l) is added to subsection (2) of
30 section 14.32, Florida Statutes, to read:
31 14.32 Office of Chief Inspector General.--
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 SB 2816
25-1487-03
1 (2) The Chief Inspector General shall:
2 (l) Reallocate staff and other resources among
3 inspectors general in agencies under the Governor's
4 jurisdiction, as necessary to accomplish the mission described
5 in this section and s. 20.055.
6 Section 2. Subsection (6) of section 20.055, Florida
7 Statutes, is amended to read:
8 20.055 Agency inspectors general.--
9 (6) In carrying out the investigative duties and
10 responsibilities specified in this section, each inspector
11 general shall initiate, conduct, supervise, and coordinate
12 investigations designed to detect, deter, prevent, and
13 eradicate fraud, waste, mismanagement, misconduct, and other
14 abuses in state government. For these purposes, each inspector
15 general state agency shall:
16 (a) Receive complaints and coordinate all activities
17 of the agency as required by the Whistle-blower's Act pursuant
18 to ss. 112.3187-112.31895.
19 (b) Receive and consider the complaints which do not
20 meet the criteria for an investigation under the
21 Whistle-blower's Act and conduct, supervise, or coordinate
22 such inquiries, investigations, or reviews as the inspector
23 general deems appropriate.
24 (c) Report expeditiously to the Department of Law
25 Enforcement or other law enforcement agencies, as appropriate,
26 whenever the inspector general has reasonable grounds to
27 believe there has been a violation of criminal law.
28 (d) Conduct investigations and other inquiries free of
29 actual or perceived impairment to the independence of the
30 inspector general or the inspector general's office. This
31 shall include freedom from any interference with
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 SB 2816
25-1487-03
1 investigations and timely access to records and other sources
2 of information.
3 (e) Require by subpoena the production of all
4 information, documents, reports, answers, records, accounts,
5 papers, and other data and documentary evidence necessary in
6 the performance of the functions assigned by this act, which
7 subpoena, in the case of contumacy or refusal to obey, is
8 enforceable by order of any appropriate state court of
9 competent jurisdiction. However, the inspector general shall
10 use procedures other than subpoenas to obtain documents and
11 information from state agencies.
12 (f)(e) Submit in a timely fashion final reports on
13 investigations conducted by the inspector general to the
14 agency head, except for whistle-blower's investigations, which
15 shall be conducted and reported pursuant to s. 112.3189.
16 Section 3. Paragraph (b) of subsection (5) of section
17 112.3187, Florida Statutes, is amended to read:
18 112.3187 Adverse action against employee for
19 disclosing information of specified nature prohibited;
20 employee remedy and relief.--
21 (5) NATURE OF INFORMATION DISCLOSED.--The information
22 disclosed under this section must include:
23 (b) Any act or suspected act of gross mismanagement,
24 gross malfeasance, gross misfeasance, gross waste of public
25 funds, suspected or actual Medicaid fraud or abuse, or gross
26 neglect of duty committed by an employee or agent of an agency
27 or independent contractor.
28 Section 4. Paragraph (b) of subsection (1) of section
29 112.3188, Florida Statutes, is amended to read:
30 112.3188 Confidentiality of information given to the
31 Chief Inspector General, internal auditors, inspectors
3
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 SB 2816
25-1487-03
1 general, local chief executive officers, or other appropriate
2 local officials.--
3 (1) The name or identity of any individual who
4 discloses in good faith to the Chief Inspector General or an
5 agency inspector general, a local chief executive officer, or
6 other appropriate local official information that alleges that
7 an employee or agent of an agency or independent contractor:
8 (b) Has committed an act of gross mismanagement, gross
9 malfeasance, gross misfeasance, gross waste of public funds,
10 or gross neglect of duty
11
12 may not be disclosed to anyone other than a member of the
13 Chief Inspector General's, agency inspector general's,
14 internal auditor's, local chief executive officer's, or other
15 appropriate local official's staff without the written consent
16 of the individual, unless the Chief Inspector General,
17 internal auditor, agency inspector general, local chief
18 executive officer, or other appropriate local official
19 determines that: the disclosure of the individual's identity
20 is necessary to prevent a substantial and specific danger to
21 the public's health, safety, or welfare or to prevent the
22 imminent commission of a crime; or the disclosure is
23 unavoidable and absolutely necessary during the course of the
24 audit, evaluation, or investigation.
25 Section 5. Paragraph (c) of subsection (3), subsection
26 (4), paragraph (a) of subsection (5), paragraph (b) of
27 subsection (6), subsection (7), and paragraphs (a) and (d) of
28 subsection (9) of section 112.3189, Florida Statutes, are
29 amended to read:
30 112.3189 Investigative procedures upon receipt of
31 whistle-blower information from certain state employees.--
4
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 SB 2816
25-1487-03
1 (3) When a person alleges information described in s.
2 112.3187(5), the Chief Inspector General or agency inspector
3 general actually receiving such information shall within 20
4 days of receiving such information determine:
5 (c) Whether the information actually disclosed
6 demonstrates reasonable cause to suspect that an employee or
7 agent of an agency or independent contractor has violated any
8 federal, state, or local law, rule, or regulation, thereby
9 creating and presenting a substantial and specific danger to
10 the public's health, safety, or welfare, or has committed an
11 act of gross mismanagement, gross malfeasance, gross
12 misfeasance, gross waste of public funds, or gross neglect of
13 duty.
14 (4) If the Chief Inspector General or agency inspector
15 general under subsection (3) determines that the information
16 disclosed is not the type of information described in s.
17 112.3187(5), or that the source of the information is not a
18 person who is an employee or former employee of, or an
19 applicant for employment with, a state agency, as defined in
20 s. 216.011, or that the information disclosed does not
21 demonstrate reasonable cause to suspect that an employee or
22 agent of an agency or independent contractor has violated any
23 federal, state, or local law, rule, or regulation, thereby
24 creating and presenting a substantial and specific danger to
25 the public's health, safety, or welfare, or has committed an
26 act of gross mismanagement, gross malfeasance, gross
27 misfeasance, gross waste of public funds, or gross neglect of
28 duty, the Chief Inspector General or agency inspector general
29 shall notify the complainant of such fact and copy and return,
30 upon request of the complainant, any documents and other
31 materials that were provided by the complainant.
5
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 SB 2816
25-1487-03
1 (5)(a) If the Chief Inspector General or agency
2 inspector general under subsection (3) determines that the
3 information disclosed is the type of information described in
4 s. 112.3187(5), that the source of the information is from a
5 person who is an employee or former employee of, or an
6 applicant for employment with, a state agency, as defined in
7 s. 216.011, and that the information disclosed demonstrates
8 reasonable cause to suspect that an employee or agent of an
9 agency or independent contractor has violated any federal,
10 state, or local law, rule, or regulation, thereby creating a
11 substantial and specific danger to the public's health,
12 safety, or welfare, or has committed an act of gross
13 mismanagement, gross malfeasance, gross misfeasance, gross
14 waste of public funds, or gross neglect of duty, the Chief
15 Inspector General or agency inspector general making such
16 determination shall then conduct an investigation, unless the
17 Chief Inspector General or the agency inspector general
18 determines, within 30 days after receiving the allegations
19 from the complainant, that such investigation is unnecessary.
20 For purposes of this subsection, the Chief Inspector General
21 or the agency inspector general shall consider the following
22 factors, but is not limited to only the following factors,
23 when deciding whether the investigation is not necessary:
24 1. The gravity of the disclosed information compared
25 to the time and expense of an investigation.
26 2. The potential for an investigation to yield
27 recommendations that will make state government more efficient
28 and effective.
29 3. The benefit to state government to have a final
30 report on the disclosed information.
31
6
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 SB 2816
25-1487-03
1 4. Whether the alleged whistle-blower information
2 primarily concerns personnel practices that may be
3 investigated under chapter 110.
4 5. Whether another agency may be conducting an
5 investigation and whether any investigation under this section
6 could be duplicative.
7 6. The time that has elapsed between the alleged event
8 and the disclosure of the information.
9 (6) The agency inspector general may conduct an
10 investigation pursuant to paragraph (5)(a) only if the person
11 transmitting information to the agency inspector general is an
12 employee or former employee of, or an applicant for employment
13 with, the agency inspector general's agency. The agency
14 inspector general shall:
15 (b) Submit to the complainant and the Chief Inspector
16 General, within 60 days after the date on which a
17 determination to conduct an investigation is made under
18 paragraph (5)(a), a final written report that sets forth the
19 agency inspector general's findings, conclusions, and
20 recommendations, except as provided under subsection (11).
21 The complainant shall be advised in writing by the agency head
22 or the agency inspector general that the complainant may
23 submit to the Chief Inspector General and agency inspector
24 general comments on the final report within 20 days after of
25 the date of the report and that such comments will be attached
26 to the final report.
27 (7) If the Chief Inspector General decides an
28 investigation should be conducted pursuant to paragraph
29 (5)(a), the Chief Inspector General shall either:
30 (a) Promptly transmit to the appropriate head of the
31 state agency or the agency inspector general the information
7
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 SB 2816
25-1487-03
1 with respect to which the determination to conduct an
2 investigation was made, and such agency head shall conduct an
3 investigation and submit to the Chief Inspector General a
4 final written report that sets forth the agency head's
5 findings, conclusions, and recommendations; or
6 (b)1. Conduct an investigation with respect to the
7 information and any related matters; and
8 2. Submit to the complainant within 60 days after the
9 date on which a determination to conduct an investigation is
10 made under paragraph (5)(a), a final written report that sets
11 forth the Chief Inspector General's findings, conclusions, and
12 recommendations, except as provided under subsection (11). The
13 complainant shall be advised in writing by the Chief Inspector
14 General that the complainant may submit to the Chief Inspector
15 General comments on the final report within 20 days of the
16 date of the report and that such comments will be attached to
17 the final report.
18 (c) The Chief Inspector General may require an agency
19 head or agency inspector general to conduct an investigation
20 under paragraph (a) only if the information was transmitted to
21 the Chief Inspector General by:
22 1. An employee or former employee of, or an applicant
23 for employment with, the agency that the information concerns;
24 or
25 2. An employee who obtained the information in
26 connection with the performance of the employee's duties and
27 responsibilities.
28 (9)(a) A report required of the agency head under
29 paragraph (7)(a) shall be submitted to the Chief Inspector
30 General and the complainant within 60 days after the agency
31 head or agency inspector general receives the complaint from
8
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 SB 2816
25-1487-03
1 the Chief Inspector General, except as provided under
2 subsection (11). The complainant shall be advised in writing
3 by the agency head that the complainant may submit to the
4 Chief Inspector General comments on the report within 20 days
5 after of the date of the report and that such comments will be
6 attached to the final report.
7 (d) If the Chief Inspector General does not receive
8 the report of the agency head or agency inspector general
9 within the time prescribed in paragraph (a), the Chief
10 Inspector General may conduct the investigation in accordance
11 with paragraph (7)(b) or request that another agency inspector
12 general conduct the investigation in accordance with
13 subsection (6) and shall report the complaint to the Governor,
14 to the Joint Legislative Auditing Committee, and to the
15 investigating agency, together with a statement noting the
16 failure of the agency head or agency inspector general to file
17 the required report.
18 Section 6. Paragraphs (a) and (b) of subsection (3) of
19 section 112.31895, Florida Statutes, are amended to read:
20 112.31895 Investigative procedures in response to
21 prohibited personnel actions.--
22 (3) CORRECTIVE ACTION AND TERMINATION OF
23 INVESTIGATION.--
24 (a) The Florida Commission on Human Relations, in
25 accordance with this act and for the sole purpose of this act,
26 is empowered to:
27 1. Receive and investigate complaints from employees
28 alleging retaliation by state agencies, as the term "state
29 agency" is defined in s. 216.011.
30
31
9
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 SB 2816
25-1487-03
1 2. Protect employees and applicants for employment
2 with such agencies from prohibited personnel practices under
3 s. 112.3187.
4 3. Petition for stays and petition for corrective
5 actions, including, but not limited to, temporary
6 reinstatement.
7 4. Recommend disciplinary proceedings pursuant to
8 investigation and appropriate agency rules and procedures.
9 5. Coordinate with the Chief Inspector General in the
10 Executive Office of the Governor and the Florida Commission on
11 Human Relations to receive, review, and forward to appropriate
12 agencies, legislative entities, or the Department of Law
13 Enforcement disclosures of a violation of any law, rule, or
14 regulation, or disclosures of gross mismanagement, gross
15 malfeasance, gross misfeasance, nonfeasance, gross neglect of
16 duty, or gross waste of public funds.
17 6. Review rules pertaining to personnel matters issued
18 or proposed by the Department of Management Services, the
19 Public Employees Relations Commission, and other agencies,
20 and, if the Florida Commission on Human Relations finds that
21 any rule or proposed rule, on its face or as implemented,
22 requires the commission of a prohibited personnel practice,
23 provide a written comment to the appropriate agency.
24 7. Investigate, request assistance from other
25 governmental entities, and, if appropriate, bring actions
26 concerning, allegations of retaliation by state agencies under
27 subparagraph 1.
28 8. Administer oaths, examine witnesses, take
29 statements, issue subpoenas, order the taking of depositions,
30 order responses to written interrogatories, and make
31
10
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 SB 2816
25-1487-03
1 appropriate motions to limit discovery, pursuant to
2 investigations under subparagraph 1.
3 9. Intervene or otherwise participate, as a matter of
4 right, in any appeal or other proceeding arising under this
5 section before the Public Employees Relations Commission or
6 any other appropriate agency, except that the Florida
7 Commission on Human Relations must comply with the rules of
8 the commission or other agency and may not seek corrective
9 action or intervene in an appeal or other proceeding without
10 the consent of the person protected under ss.
11 112.3187-112.31895.
12 10. Conduct an investigation, in the absence of an
13 allegation, to determine whether reasonable grounds exist to
14 believe that a prohibited action or a pattern of prohibited
15 action has occurred, is occurring, or is to be taken.
16 (b) Within 30 15 days after receiving a complaint that
17 a person has been discharged from employment allegedly for
18 disclosing protected information under s. 112.3187, the
19 Florida Commission on Human Relations shall review the
20 information and determine whether temporary reinstatement is
21 appropriate under s. 112.3187(9)(f). If the Florida Commission
22 on Human Relations so determines, it shall apply for an
23 expedited order from the appropriate agency or circuit court
24 for the immediate reinstatement of the employee who has been
25 discharged subsequent to the disclosure made under s.
26 112.3187, pending the issuance of the final order on the
27 complaint.
28 Section 7. This act shall take effect July 1, 2003.
29
30
31
11
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 SB 2816
25-1487-03
1 *****************************************
2 SENATE SUMMARY
3 Allows the Chief Inspector General to reallocate staff
and other resources among agency inspectors general to
4 accomplish stated purposes. Grants to agency inspectors
general the authority to subpoena documents. Requires the
5 inspectors general to use procedures other than subpoenas
to obtain information from state agencies. Amends
6 portions of the "Whistle-blower's Act." Amends the
description of information the disclosure of which is
7 subject to the act and information for which
confidentiality is to be provided under the act. Amends
8 the description of matters to be established through
investigative procedures. Provides additional
9 responsibilities of the agency inspectors general.
Revises a deadline for determining whether certain
10 employees should be temporarily reinstated.
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
12
CODING: Words stricken are deletions; words underlined are additions.