Florida Senate - 2010 CS for SB 1450
By the Committee on Governmental Oversight and Accountability;
and Senator Gelber
585-03057-10 20101450c1
1 A bill to be entitled
2 An act relating to agency inspectors general; amending
3 s. 20.055, F.S.; updating a cross-reference; requiring
4 agency inspectors general to be confirmed by the
5 Senate; requiring the agency inspector general to keep
6 the Auditor General informed of any agency fraud,
7 abuses, or deficiencies; revising the procedures for
8 removing an inspector general; requiring that the
9 agency inspector general provide to the Auditor
10 General final reports on investigations, an annual
11 report, and certain written complaints; providing an
12 effective date.
13
14 Be It Enacted by the Legislature of the State of Florida:
15
16 Section 1. Paragraphs (b) and (f) of subsection (2),
17 subsection (3), paragraph (f) of subsection (6), and subsections
18 (7) and (8) of section 20.055, Florida Statutes, are amended to
19 read:
20 20.055 Agency inspectors general.—
21 (2) The Office of Inspector General is hereby established
22 in each state agency to provide a central point for coordination
23 of and responsibility for activities that promote
24 accountability, integrity, and efficiency in government. It
25 shall be the duty and responsibility of each inspector general,
26 with respect to the state agency in which the office is
27 established, to:
28 (b) Assess the reliability and validity of the information
29 provided by the state agency on performance outcomes measures
30 and standards, and make recommendations for improvement, if
31 necessary, prior to submission of those outcomes measures and
32 standards to the Executive Office of the Governor pursuant to s.
33 216.013 s. 216.0166(1).
34 (f) Keep the such agency head and the Auditor General
35 informed concerning any fraud, abuses, or and deficiencies
36 relating to programs and operations administered or financed by
37 the state agency, recommend corrective action concerning such
38 fraud, abuses, and deficiencies, and report on the progress made
39 in implementing corrective action.
40 (3)(a) The inspector general of each state agency shall be
41 appointed by the agency head and confirmed by the Senate. For
42 agencies under the direction of the Governor, the appointment
43 shall be made after notifying the Governor and the Chief
44 Inspector General in writing, at least 7 days before prior to an
45 offer of employment, of the agency head’s intention to hire the
46 inspector general.
47 (a)(b) Each inspector general shall report to and be under
48 the general supervision of the agency head and is shall not be
49 subject to supervision by any other employee of the state
50 agency. The inspector general shall be appointed without regard
51 to political affiliation.
52 (b)(c) An inspector general may be removed from office by
53 the agency head. For agencies under the direction of the
54 Governor, the agency head shall notify the Governor and the
55 Chief Inspector General, in writing, of the intention to
56 terminate the inspector general for good cause shown at least 21
57 7 days before prior to the removal. For state agencies under the
58 direction of the Governor and Cabinet, the agency head shall
59 notify the Governor and Cabinet in writing of the intention to
60 terminate the inspector general for good cause shown at least 21
61 7 days before prior to the removal. Good cause must be
62 documented in the notification. The inspector general may not be
63 removed if an objection is made by the Governor or Governor and
64 Cabinet, as appropriate, within the 21 days before removal.
65 Removal may be made if the objection is later rescinded.
66 (c)(d) An The agency head or agency staff may shall not
67 prevent or prohibit the inspector general from initiating,
68 carrying out, or completing any audit or investigation.
69 (6) In carrying out the investigative duties and
70 responsibilities specified in this section, each inspector
71 general shall initiate, conduct, supervise, and coordinate
72 investigations designed to detect, deter, prevent, and eradicate
73 fraud, waste, mismanagement, misconduct, and other abuses in
74 state government. For these purposes, each inspector general
75 shall:
76 (f) Submit in a timely fashion final reports on
77 investigations conducted by the inspector general to the agency
78 head and the Auditor General, except for whistle-blower’s
79 investigations, which shall be conducted and reported pursuant
80 to s. 112.3189.
81 (7) Each inspector general shall, by not later than
82 September 30 of each year, prepare an annual report summarizing
83 the activities of the office during the immediately preceding
84 state fiscal year. The final report shall be furnished to the
85 agency head and the Auditor General. Such report shall include,
86 but need not be limited to:
87 (a) A description of activities relating to the
88 development, assessment, and validation of performance measures.
89 (b) A description of significant problems, abuses, and
90 deficiencies relating to the administration of programs and
91 operations of the agency disclosed by investigations, audits,
92 reviews, or other activities during the reporting period.
93 (c) A description of the recommendations for corrective
94 action made by the inspector general during the reporting period
95 with respect to significant problems, abuses, or deficiencies
96 identified.
97 (d) The identification of each significant recommendation
98 described in previous annual reports on which corrective action
99 has not been completed.
100 (e) A summary of each audit and investigation completed
101 during the reporting period.
102 (8) The inspector general in each state agency shall
103 provide to the agency head and the Auditor General, upon
104 receipt, all written complaints concerning the duties and
105 responsibilities in this section, or any allegation of
106 misconduct related to the office of the inspector general or its
107 employees, if received from subjects of audits or investigations
108 who are individuals substantially affected or entities
109 contracting with the state, as defined in this section. For
110 agencies solely under the direction of the Governor, the
111 inspector general shall also provide the complaint to the Chief
112 Inspector General.
113 Section 2. This act shall take effect July 1, 2010.