HB 1681

1	A bill to be entitled
2	An act relating to duties of agency inspectors general;
3	amending s. 20.055, F.S.; providing that agency inspectors
4	general rather than state agencies shall have certain
5	powers and perform certain functions and duties relative
6	to specified investigations; providing that agency
7	inspectors general may access specified records, data, and
8	information of a state agency and request information or
9	assistance from a state agency or any federal, state, or
10	local governmental entity; providing that agency
11	inspectors general may compel the production by subpoena
12	of specified information, data, and documentary evidence
13	necessary in the performance of their functions; providing
14	for the enforcement of specified subpoenas; providing that
15	procedures other than subpoenas shall be used by agency
16	inspectors general to obtain documents and information
17	from state agencies; amending s. 112.3189, F.S.; revising
18	provisions with respect to the designation of an employee
19	to receive specified information under the Whistle-
20	blower's Act; providing that an agency inspector general
21	rather than an agency head shall perform specified
22	functions relative to an investigation under the Whistle-
23	blower's Act; providing an effective date.
24
25	Be It Enacted by the Legislature of the State of Florida:
26
27	Section 1.  Subsection (6) of section 20.055, Florida
28	Statutes, is amended to read:
29	20.055  Agency inspectors general.--
30	(6)  In carrying out the investigative duties and
31	responsibilities specified in this section, each inspector
32	general shall initiate, conduct, supervise, and coordinate
33	investigations designed to detect, deter, prevent, and eradicate
34	fraud, waste, mismanagement, misconduct, and other abuses in
35	state government. For these purposes, each inspector general
36	state agency shall have the following functions, powers, and
37	duties:
38	(a)  To receive complaints and coordinate all activities of
39	the agency as required by the Whistle-blower's Act pursuant to
40	ss. 112.3187-112.31895.
41	(b)  To receive and consider the complaints which do not
42	meet the criteria for an investigation under the Whistle-
43	blower's Act and conduct, supervise, or coordinate such
44	inquiries, investigations, or reviews as the inspector general
45	deems appropriate.
46	(c)  To report expeditiously to the Department of Law
47	Enforcement or other law enforcement agencies, as appropriate,
48	whenever the inspector general has reasonable grounds to believe
49	there has been a violation of criminal law.
50	(d)  To conduct investigations and other inquiries free of
51	actual or perceived impairment to the independence of the
52	inspector general or the inspector general's office. This shall
53	include freedom from any interference with investigations and
54	timely access to records and other sources of information.
55	(e)  To access any records, data, and other information of
56	a state agency he or she deems necessary to carry out his or her
57	duties and to request such information or assistance as may be
58	necessary from a state agency or from any federal, state, or
59	local governmental entity.
60	(f)  May compel by subpoena the production of all
61	information, documents, reports, answers, records, accounts,
62	papers, and other data and documentary evidence necessary in the
63	performance of the functions assigned by this section, which
64	subpoena, in the case of contumacy or refusal to obey, shall be
65	enforceable by order of any appropriate state court of competent
66	jurisdiction. Provided, that procedures other than subpoenas
67	shall be used by the inspectors general to obtain documents and
68	information from state agencies.
69	(g)(e)  To submit in a timely fashion final reports on
70	investigations conducted by the inspector general to the agency
71	head, except for whistle-blower's investigations, which shall be
72	conducted and reported pursuant to s. 112.3189.
73	Section 2.  Subsections (1), (6), (7), and (9) of section
74	112.3189, Florida Statutes, are amended to read:
75	112.3189  Investigative procedures upon receipt of whistle-
76	blower information from certain state employees.--
77	(1)  This section only applies to the disclosure of
78	information as described in s. 112.3187(5) by an employee or
79	former employee of, or an applicant for employment with, a state
80	agency, as the term "state agency" is defined in s. 216.011, to
81	the Office of the Chief Inspector General of the Executive
82	Office of the Governor or to the agency inspector general. If an
83	agency does not have an inspector general, the head of the state
84	agency, as defined in s. 216.011, shall, in consultation with
85	the chief inspector general, designate an employee to receive
86	information described in s. 112.3187(5). For purposes of this
87	section and s. 112.3188 only, the employee designated by the
88	head of the state agency shall be deemed an agency inspector
89	general.
90	(6)  The agency inspector general may conduct an
91	investigation pursuant to paragraph (5)(a) only if the person
92	transmitting information to the agency inspector general is an
93	employee or former employee of, or an applicant for employment
94	with, the agency inspector general's agency. The agency
95	inspector general shall:
96	(a)  Conduct an investigation with respect to the
97	information and any related matters.
98	(b)  Submit to the complainant and the Chief Inspector
99	General, within 60 days after the date on which a determination
100	to conduct an investigation is made under paragraph (5)(a), a
101	final written report that sets forth the agency inspector
102	general's findings, conclusions, and recommendations, except as
103	provided under subsection (11). The complainant shall be advised
104	in writing by the agency inspector general head that the
105	complainant may submit to the Chief Inspector General and agency
106	inspector general comments on the final report within 20 days of
107	the date of the report and that such comments will be attached
108	to the final report.
109	(7)  If the Chief Inspector General decides an
110	investigation should be conducted pursuant to paragraph (5)(a),
111	the Chief Inspector General shall either:
112	(a)  Promptly transmit to the appropriate head of the state
113	agency inspector general the information with respect to which
114	the determination to conduct an investigation was made, and such
115	agency inspector general head shall conduct an investigation and
116	submit to the Chief Inspector General a final written report
117	that sets forth the agency head's findings, conclusions, and
118	recommendations of the agency inspector general; or
119	(b)1.  Conduct an investigation with respect to the
120	information and any related matters; and
121	2.  Submit to the complainant within 60 days after the date
122	on which a determination to conduct an investigation is made
123	under paragraph (5)(a), a final written report that sets forth
124	the Chief Inspector General's findings, conclusions, and
125	recommendations, except as provided under subsection (11). The
126	complainant shall be advised in writing by the Chief Inspector
127	General that the complainant may submit to the Chief Inspector
128	General comments on the final report within 20 days of the date
129	of the report and that such comments will be attached to the
130	final report.
131	(c)  The Chief Inspector General may require an agency
132	inspector general head to conduct an investigation under
133	paragraph (a) only if the information was transmitted to the
134	Chief Inspector General by:
135	1.  An employee or former employee of, or an applicant for
136	employment with, the agency that the information concerns; or
137	2.  An employee who obtained the information in connection
138	with the performance of the employee's duties and
139	responsibilities.
140	(9)(a)  A report required of the agency inspector general
141	head under paragraph (7)(a) shall be submitted to the Chief
142	Inspector General and the complainant within 60 days after the
143	agency inspector general head receives the complaint from the
144	Chief Inspector General, except as provided under subsection
145	(11). The complainant shall be advised in writing by the agency
146	inspector general head that the complainant may submit to the
147	Chief Inspector General comments on the report within 20 days of
148	the date of the report and that such comments will be attached
149	to the final report.
150	(b)  Upon receiving a final report required under this
151	section, the Chief Inspector General shall review the report and
152	determine whether the report contains the information required
153	by subsection (8). If the report does not contain the
154	information required by subsection (8), the Chief Inspector
155	General shall determine why and note the reasons on an addendum
156	to the final report.
157	(c)  The Chief Inspector General shall transmit any final
158	report under this section, any comments provided by the
159	complainant, and any appropriate comments or recommendations by
160	the Chief Inspector General to the Governor, to the Joint
161	Legislative Auditing Committee, to the investigating agency, and
162	to the Chief Financial Officer.
163	(d)  If the Chief Inspector General does not receive the
164	report of the agency inspector general head within the time
165	prescribed in paragraph (a), the Chief Inspector General may
166	conduct the investigation in accordance with paragraph (7)(b) or
167	request that another agency inspector general conduct the
168	investigation in accordance with subsection (6) and shall report
169	the complaint to the Governor, to the Joint Legislative Auditing
170	Committee, and to the investigating agency, together with a
171	statement noting the failure of the agency inspector general
172	head to file the required report.
173	Section 3.  This act shall take effect upon becoming a law.

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