Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. SB 1304
       
       
       
       
       
       
                                Ì379686eÎ379686                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/23/2015           .                                
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       The Committee on Governmental Oversight and Accountability
       (Latvala) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 27 - 353
    4  and insert:
    5         (a) Hire or retain legal counsel.
    6         (b) Issue and serve subpoenas and subpoenas duces tecum to
    7  compel the attendance of witnesses and the production of
    8  documents, reports, answers, records, accounts, and other data
    9  in any medium.
   10         (c) Require or allow a person to file a statement in
   11  writing, under oath or otherwise, as to all the facts and
   12  circumstances concerning the matter to be audited, examined, or
   13  investigated.
   14  
   15  In the event of noncompliance with a subpoena issued pursuant to
   16  this subsection, the Chief Inspector General may petition the
   17  circuit court of the county in which the person subpoenaed
   18  resides or has his or her principal place of business for an
   19  order requiring the person subpoenaed to appear and testify and
   20  to produce documents, reports, answers, records, accounts, or
   21  other data as specified in the subpoena.
   22         Section 2. Present subsections (1) through (5) of section
   23  20.055, Florida Statutes, are amended, new subsections (5) and
   24  (6) are added to that section, and present subsections (6)
   25  through (9) are redesignated as subsections (8) through (11),
   26  respectively, to read:
   27         20.055 Agency inspectors general.—
   28         (1) As used in this section, the term:
   29         (a) “Agency head” means the Governor, a Cabinet officer, or
   30  a secretary or executive director as those terms are defined in
   31  s. 20.03, the chair of the Public Service Commission, the
   32  Director of the Office of Insurance Regulation of the Financial
   33  Services Commission, the Director of the Office of Financial
   34  Regulation of the Financial Services Commission, the board of
   35  directors of the Florida Housing Finance Corporation, the
   36  Executive Director of the State Board of Administration, the
   37  Executive Director of the Office of Early Learning, and the
   38  Chief Justice of the State Supreme Court.
   39         (b) “Entities contracting with the state” means for-profit
   40  and not-for-profit organizations or businesses that have a legal
   41  existence, such as corporations or partnerships, as opposed to
   42  natural persons, which have entered into a relationship with a
   43  state agency to provide for consideration certain goods or
   44  services to the state agency or on behalf of the state agency.
   45  The relationship may be evidenced by payment by warrant or
   46  purchasing card, contract, purchase order, provider agreement,
   47  or other such mutually agreed upon relationship. The term does
   48  not apply to entities that are the subject of audits or
   49  investigations conducted pursuant to ss. 112.3187-112.31895 or
   50  s. 409.913 or which are otherwise confidential and exempt under
   51  s. 119.07.
   52         (c) “Individuals substantially affected” means natural
   53  persons who have established a real and sufficiently immediate
   54  injury in fact due to the findings, conclusions, or
   55  recommendations of a final report of a state agency inspector
   56  general, who are the subject of the audit or investigation, and
   57  who do not have or are not currently afforded an existing right
   58  to an independent review process. The term does not apply to
   59  employees of the state, including career service, probationary,
   60  other personal service, Selected Exempt Service, and Senior
   61  Management Service employees; former employees of the state if
   62  the final report of the state agency inspector general relates
   63  to matters arising during a former employee’s term of state
   64  employment; or persons who are the subject of audits or
   65  investigations conducted pursuant to ss. 112.3187-112.31895 or
   66  s. 409.913 or which are otherwise confidential and exempt under
   67  s. 119.07.
   68         (d) “State agency” means each department created pursuant
   69  to this chapter and the Executive Office of the Governor, the
   70  Department of Military Affairs, the Fish and Wildlife
   71  Conservation Commission, the Office of Insurance Regulation of
   72  the Financial Services Commission, the Office of Financial
   73  Regulation of the Financial Services Commission, the Public
   74  Service Commission, the Board of Governors of the State
   75  University System, the Florida Housing Finance Corporation, the
   76  Agency for State Technology, the State Board of Administration,
   77  the Office of Early Learning, and the state courts system.
   78         (2) An The office of Inspector General is established in
   79  each state agency to provide a central point for coordination of
   80  and responsibility for activities that promote accountability,
   81  integrity, and efficiency in government. It is the duty and
   82  responsibility of each inspector general, with respect to the
   83  state agency in which the office is established, to:
   84         (a) Advise in the development of performance measures,
   85  standards, and procedures for the evaluation of state agency
   86  programs.
   87         (b) Assess the reliability and validity of the information
   88  provided by the state agency on performance measures and
   89  standards, and make recommendations for improvement, if
   90  necessary, before submission of such information pursuant to s.
   91  216.1827.
   92         (c) Review the actions taken by the state agency to improve
   93  program performance and meet program standards and make
   94  recommendations for improvement, if necessary.
   95         (d) Provide direction for, supervise, and coordinate
   96  audits, investigations, and management reviews relating to the
   97  programs and operations of the state agency, except that when
   98  the inspector general does not possess the qualifications
   99  specified in subsection (4), the director of auditing shall
  100  conduct such audits.
  101         (e) Conduct, supervise, or coordinate other activities
  102  carried out or financed by that state agency for the purpose of
  103  promoting economy and efficiency in the administration of, or
  104  preventing and detecting fraud and abuse in, its programs and
  105  operations.
  106         (f) Keep the agency head or, for state agencies under the
  107  jurisdiction of the Governor, the Chief Inspector General
  108  informed concerning fraud, abuses, and deficiencies relating to
  109  programs and operations administered or financed by the state
  110  agency, recommend corrective action concerning fraud, abuses,
  111  and deficiencies, and report on the progress made in
  112  implementing corrective action.
  113         (g) Ensure effective coordination and cooperation between
  114  the Auditor General, federal auditors, and other governmental
  115  bodies with a view toward avoiding duplication.
  116         (h) Review, as appropriate, rules relating to the programs
  117  and operations of such state agency and make recommendations
  118  concerning their impact.
  119         (i) Ensure that an appropriate balance is maintained
  120  between audit, investigative, and other accountability
  121  activities.
  122         (j) Comply with the General Principles and Standards for
  123  Offices of Inspector General as published and revised by the
  124  Association of Inspectors General.
  125         (3)(a)1. For state agencies under the jurisdiction of the
  126  Cabinet or the Governor and Cabinet, the inspector general shall
  127  be appointed by the agency head. For state agencies under the
  128  jurisdiction of the Governor, the inspector general shall be
  129  appointed by the Chief Inspector General. The agency head or
  130  Chief Inspector General shall notify the Governor in writing of
  131  his or her intention to hire the inspector general at least 7
  132  days before an offer of employment. The inspector general shall
  133  be appointed without regard to political affiliation.
  134         2. Within 60 days after a vacancy or anticipated vacancy in
  135  the position of inspector general, the agency head or, for
  136  agencies under the jurisdiction of the Governor, the Chief
  137  Inspector General, shall initiate a national search for an
  138  inspector general and shall set the salary of the inspector
  139  general. In the event of a vacancy in the position of inspector
  140  general, the agency head or, for agencies under the jurisdiction
  141  of the Governor, the Chief Inspector General, may appoint other
  142  office of inspector general management personnel as interim
  143  inspector general until such time as a successor inspector
  144  general is appointed.
  145         3. A former or current elected official may not be
  146  appointed inspector general within 5 years after the end of such
  147  individual’s period of service. This restriction does not
  148  prohibit the reappointment of a current inspector general.
  149         4. Upon appointment as inspector general, an individual’s
  150  initial term shall be 3 years. Subsequent 3-year terms may be
  151  renewed at the discretion of the agency head or, for agencies
  152  under the jurisdiction of the Governor, the Chief Inspector
  153  General. Notwithstanding this term of appointment, an inspector
  154  general may be removed from office for cause by the agency head
  155  or, for agencies under the jurisdiction of the Governor, the
  156  Chief Inspector General, as provided in paragraph (c).
  157         (b) The inspector general shall report to and be under the
  158  general supervision of the agency head and is not subject to
  159  supervision by any other employee of the state agency in which
  160  the office is established. For state agencies under the
  161  jurisdiction of the Governor, the inspector general shall be
  162  under the general supervision of the agency head for
  163  administrative purposes, shall report to the Chief Inspector
  164  General, and may hire and remove staff within the office of the
  165  inspector general in consultation with the Chief Inspector
  166  General but independently of the agency.
  167         (c) For state agencies under the jurisdiction of the
  168  Cabinet or the Governor and Cabinet, the inspector general may
  169  be removed from office by the agency head. For state agencies
  170  under the jurisdiction of the Governor, the inspector general
  171  may only be removed from office by the Chief Inspector General
  172  for cause, including concerns regarding performance,
  173  malfeasance, misfeasance, misconduct, or failure to carry out
  174  his or her duties under this section. The Chief Inspector
  175  General shall notify the Governor in writing of his or her
  176  intention to remove the inspector general at least 21 days
  177  before the removal. For state agencies under the jurisdiction of
  178  the Governor and Cabinet, the agency head shall notify the
  179  Governor and Cabinet in writing of his or her intention to
  180  remove the inspector general at least 21 days before the
  181  removal. If the inspector general disagrees with the removal,
  182  the inspector general may present objections in writing to the
  183  Governor within the 21-day period.
  184         (d) The Governor, the Governor and Cabinet, the agency
  185  head, or agency staff may not prevent or prohibit the inspector
  186  general from initiating, carrying out, or completing any audit
  187  or investigation.
  188         (4)(a) To ensure that state agency audits are performed in
  189  accordance with applicable auditing standards, the inspector
  190  general or the director of auditing within the inspector
  191  general’s office shall possess the following qualifications:
  192         1.(a) A bachelor’s degree from an accredited college or
  193  university with a major in accounting, or with a major in
  194  business which includes five courses in accounting, and 5 years
  195  of experience as an internal auditor or independent postauditor,
  196  electronic data processing auditor, accountant, or any
  197  combination thereof. At a minimum, the experience must shall at
  198  a minimum consist of audits of units of government or private
  199  business enterprises, operating for profit or not for profit; or
  200         2.(b) A master’s degree in accounting, business
  201  administration, or public administration from an accredited
  202  college or university and 4 years of the professional experience
  203  as required under subparagraph 1. in paragraph (a); or
  204         3.(c) A certified public accountant license issued pursuant
  205  to chapter 473 or a certified internal audit certificate issued
  206  by the Institute of Internal Auditors or earned by examination,
  207  and 4 years of the professional experience as required under
  208  subparagraph 1. in paragraph (a).
  209         (b) For agencies under the jurisdiction of the Governor,
  210  the inspector general shall be selected on the basis of
  211  integrity, leadership capability, and experience in accounting,
  212  auditing, financial analysis, law, management analysis, program
  213  evaluation, public administration, investigation, criminal
  214  justice administration, or another closely related field. The
  215  inspector general is subject to level 2 background screening.
  216  The inspector general shall have a 4-year degree from an
  217  accredited institution of higher learning or at least 5 years of
  218  experience in at least one of the following areas:
  219         1. Inspector general.
  220         2. Supervisory experience in an office of inspector general
  221  or an investigative public agency similar to an office of
  222  inspector general.
  223         3. Local, state, or federal law enforcement officer.
  224         4. Local, state, or federal court judge.
  225         5. Senior-level auditor or comptroller.
  226         6. Experience in the administration and management of
  227  complex audits and investigations.
  228         7. Experience managing programs for prevention,
  229  examination, detection, elimination of fraud, waste, abuse,
  230  mismanagement, malfeasance, or misconduct in government or
  231  organizations.
  232         8. An advanced degree in law, accounting, public
  233  administration, or another relevant field may substitute for one
  234  year of required experience.
  235         (c) The inspector general shall possess at appointment, or
  236  obtain within the first year after appointment, certification
  237  from the Association of Inspectors General as a certified
  238  inspector general. The inspector general shall have at least one
  239  other related professional certification, such as certified
  240  inspector general investigator, certified inspector general
  241  auditor, certified public accountant, certified internal
  242  auditor, certified governmental financial manager, certified
  243  fraud examiner, or certified financial crimes investigator, or
  244  be a licensed attorney.
  245         (d) The inspector general may not hold, or be a candidate
  246  for, an elective office while inspector general, and a current
  247  officer or employee of an office of inspector general may not
  248  hold, or be a candidate for, an elective office. The inspector
  249  general may not hold office in a political party or political
  250  committee. An employee of an office of inspector general may not
  251  hold office in a political party or political committee while
  252  employed in the office of inspector general.
  253         (5) The inspector general and his or her staff shall have
  254  access to any records, data, and other information of the state
  255  agency which he or she deems necessary to carry out his or her
  256  duties. At all times, the inspector general shall have access to
  257  a building or facility that is owned, operated, or leased by a
  258  department, agency, board, or commission, or a property held in
  259  trust to the state.
  260         (6) It is the duty of every state officer, employee,
  261  agency, special district, board, commission, contractor,
  262  subcontractor, licensee, and applicant for certification of
  263  eligibility for a contract or program, to cooperate with the
  264  inspector general in any investigation, audit, inspection,
  265  review, or hearing conducted pursuant to this section. Each
  266  contract, bid, proposal, and application or solicitation for a
  267  contract shall contain a statement that the corporation,
  268  partnership, or person understands and will comply with this
  269  subsection.
  270         (7)(5) In carrying out the auditing duties and
  271  responsibilities specified in of this section act, each
  272  inspector general shall review and evaluate internal controls
  273  necessary to ensure the fiscal accountability of the state
  274  agency. The inspector general shall conduct financial,
  275  compliance, electronic data processing, and performance audits
  276  of the agency and prepare audit reports of his or her findings.
  277  The scope and assignment of the audits shall be determined by
  278  the inspector general; however, the agency head may at any time
  279  request the inspector general to perform an audit of a special
  280  program, function, or organizational unit. The performance of
  281  the audit shall be under the direction of the inspector general,
  282  except that if the inspector general does not possess the
  283  qualifications specified in subsection (4), the director of
  284  auditing shall perform the functions listed in this subsection.
  285         (a) Such audits shall be conducted in accordance with the
  286  current International Standards for the Professional Practice of
  287  Internal Auditing as published by the Institute of Internal
  288  Auditors, Inc., or, where appropriate, in accordance with
  289  generally accepted governmental auditing standards. All audit
  290  reports issued by internal audit staff shall include a statement
  291  that the audit was conducted pursuant to the appropriate
  292  standards.
  293         (b) Audit workpapers and reports shall be public records to
  294  the extent that they do not include information which has been
  295  made confidential and exempt from the provisions of s. 119.07(1)
  296  pursuant to law. However, when the inspector general or a member
  297  of the staff receives from an individual a complaint or
  298  information that falls within the definition provided in s.
  299  112.3187(5), the name or identity of the individual may not be
  300  disclosed to anyone else without the written consent of the
  301  individual, unless the inspector general determines that such
  302  disclosure is unavoidable during the course of the audit or
  303  investigation.
  304         (c) The inspector general and the staff shall have access
  305  to any records, data, and other information of the state agency
  306  he or she deems necessary to carry out his or her duties. The
  307  inspector general may also request such information or
  308  assistance as may be necessary from the state agency or from any
  309  federal, state, or local government entity.
  310         (d) At the conclusion of each audit, the inspector general
  311  shall submit preliminary findings and recommendations to the
  312  person responsible for supervision of the program function or
  313  operational unit who shall respond to any adverse findings
  314  within 20 working days after receipt of the preliminary
  315  findings. Such response and the inspector general’s rebuttal to
  316  the response shall be included in the final audit report.
  317         (d)(e) At the conclusion of an audit in which the subject
  318  of the audit is a specific entity contracting with the state or
  319  an individual substantially affected, if the audit is not
  320  confidential or otherwise exempt from disclosure by law, the
  321  inspector general shall, consistent with s. 119.07(1), submit
  322  the findings to the entity contracting with the state or the
  323  individual substantially affected, who shall be advised in
  324  writing that they may submit a written response within 20
  325  working days after receipt of the findings. The response and the
  326  inspector general’s rebuttal to the response, if any, must be
  327  included in the final audit report.
  328         (e)(f) The inspector general shall submit the final report
  329  to the agency head, the Auditor General, and, for state agencies
  330  under the jurisdiction of the Governor, the Chief Inspector
  331  General.
  332         (f)(g) The Auditor General, in connection with the
  333  independent postaudit of the same agency pursuant to s. 11.45,
  334  shall give appropriate consideration to internal audit reports
  335  and the resolution of findings therein. The Legislative Auditing
  336  Committee may inquire into the reasons or justifications for
  337  failure of the agency head to correct the deficiencies reported
  338  in internal audits that are also reported by the Auditor General
  339  and shall take appropriate action.
  340         (g)(h) The inspector general shall monitor the
  341  implementation of the state agency’s response to any report on
  342  the state agency issued by the Auditor General or by the Office
  343  of Program Policy Analysis and Government Accountability. No
  344  later than 6 months after the Auditor General or the Office of
  345  Program Policy Analysis and Government Accountability publishes
  346  a report on the state agency, the inspector general shall
  347  provide a written response to the agency head or, for state
  348  agencies under the jurisdiction of the Governor, the Chief
  349  Inspector General on the status of corrective actions taken. The
  350  inspector general shall file a copy of such response with the
  351  Legislative Auditing Committee.
  352         (h)(i) The inspector general shall develop long-term and
  353  
  354  ================= T I T L E  A M E N D M E N T ================
  355  And the title is amended as follows:
  356         Delete lines 4 - 17
  357  and insert:
  358         or his or her designee to retain legal counsel and
  359         issue and enforce subpoenas under certain
  360         circumstances; amending s. 20.055, F.S.; revising the
  361         definitions of the terms “agency head” and “state
  362         agency” to include the State Board of Administration
  363         and the Office of Early Learning of the Department of
  364         Education; prescribing additional hiring requirements,
  365         employment qualifications, and terms of employment for
  366         inspectors general and staff of the office of
  367         inspector general; specifying that an inspector
  368         general is entitled to access to specified buildings
  369         or facilities; establishing the duty of specified
  370         persons and entities with respect to cooperation with
  371         an inspector general’s official duties; requiring
  372         contracts and other specified documents to contain a
  373         statement regarding compliance with an inspector
  374         general’s official duties;