Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1304
       
       
       
       
       
       
                                Ì880540|Î880540                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/02/2015           .                                
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       Appropriations Subcommittee on General Government (Dean)
       recommended the following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 174 - 294
    4  and insert:
    5         (b) The inspector general shall report to and be under the
    6  general supervision of the agency head and is not subject to
    7  supervision by any other employee of the state agency in which
    8  the office is established. For state agencies under the
    9  jurisdiction of the Governor, the inspector general shall be
   10  under the general supervision of the agency head for
   11  administrative purposes, shall report to the Chief Inspector
   12  General, and may hire and remove staff within the office of the
   13  inspector general in consultation with the Chief Inspector
   14  General but independently of the agency.
   15         (c) For state agencies under the jurisdiction of the
   16  Cabinet or the Governor and Cabinet, the inspector general may
   17  be removed from office by the agency head. For state agencies
   18  under the jurisdiction of the Governor, the inspector general
   19  may only be removed from office by the Chief Inspector General
   20  for cause, including concerns regarding performance,
   21  malfeasance, misfeasance, misconduct, or failure to carry out
   22  his or her duties under this section. The Chief Inspector
   23  General shall notify the Governor in writing of his or her
   24  intention to remove the inspector general at least 21 days
   25  before the removal. For state agencies under the jurisdiction of
   26  the Governor and Cabinet, the agency head shall notify the
   27  Governor and Cabinet in writing of his or her intention to
   28  remove the inspector general at least 21 days before the
   29  removal. If the inspector general disagrees with the removal,
   30  the inspector general may present objections in writing to the
   31  Governor within the 21-day period.
   32         (d) The Governor, the Governor and Cabinet, the agency
   33  head, or agency staff may not prevent or prohibit the inspector
   34  general from initiating, carrying out, or completing any audit
   35  or investigation.
   36         (4)(a) To ensure that state agency audits are performed in
   37  accordance with applicable auditing standards, the inspector
   38  general or the director of auditing within the inspector
   39  general’s office shall possess the following qualifications:
   40         1.(a) A bachelor’s degree from an accredited college or
   41  university with a major in accounting, or with a major in
   42  business which includes five courses in accounting, and 5 years
   43  of experience as an internal auditor or independent postauditor,
   44  electronic data processing auditor, accountant, or any
   45  combination thereof. At a minimum, the experience must shall at
   46  a minimum consist of audits of units of government or private
   47  business enterprises, operating for profit or not for profit; or
   48         2.(b) A master’s degree in accounting, business
   49  administration, or public administration from an accredited
   50  college or university and 4 years of the professional experience
   51  as required under subparagraph 1. in paragraph (a); or
   52         3.(c) A certified public accountant license issued pursuant
   53  to chapter 473 or a certified internal audit certificate issued
   54  by the Institute of Internal Auditors or earned by examination,
   55  and 4 years of the professional experience as required under
   56  subparagraph 1. in paragraph (a).
   57         (b) For agencies under the jurisdiction of the Governor,
   58  the inspector general shall be selected on the basis of
   59  integrity, leadership capability, and experience in accounting,
   60  auditing, financial analysis, law, management analysis, program
   61  evaluation, public administration, investigation, criminal
   62  justice administration, or another closely related field. The
   63  inspector general is subject to level 2 background screening
   64  pursuant to chapter 435. The inspector general shall have a 4
   65  year degree from an accredited institution of higher learning or
   66  at least 5 years of experience in at least one of the following
   67  areas:
   68         1. Inspector general.
   69         2. Supervisory experience in an office of inspector general
   70  or an investigative public agency similar to an office of
   71  inspector general.
   72         3. Local, state, or federal law enforcement officer.
   73         4. Local, state, or federal court judge.
   74         5. Senior-level auditor or comptroller.
   75         6. The administration and management of complex audits and
   76  investigations.
   77         7. Managing programs for prevention, examination,
   78  detection, elimination of fraud, waste, abuse, mismanagement,
   79  malfeasance, or misconduct in government or organizations.
   80  
   81  An advanced degree in law, accounting, public administration, or
   82  another relevant field may substitute for 1 year of required
   83  experience.
   84         (c) The inspector general shall possess at appointment, or
   85  obtain within the first year after appointment, a certification
   86  from the Association of Inspectors General as a certified
   87  inspector general. The inspector general shall have at least one
   88  other related professional certification, such as certified
   89  inspector general investigator, certified inspector general
   90  auditor, certified public accountant, certified internal
   91  auditor, certified governmental financial manager, certified
   92  fraud examiner, or certified financial crimes investigator, or
   93  be a licensed attorney.
   94         (d) The inspector general may not hold, or be a candidate
   95  for, an elective office with the state or any municipality,
   96  county, or other political subdivision of the state while
   97  inspector general, and a current officer or employee of an
   98  office of inspector general may not hold, or be a candidate for,
   99  an elective office with the state or any municipality, county,
  100  or other political subdivision of the state. The inspector
  101  general may not hold office in a political party or political
  102  committee. An employee of an office of inspector general may not
  103  hold office in a political party or political committee while
  104  employed in the office of inspector general.
  105         (5) The inspector general and his or her staff shall have
  106  access to any records, data, and other information of the state
  107  agency which he or she deems necessary to carry out his or her
  108  duties. The inspector general, at all times, shall have access
  109  to a building or facility that is owned, operated, or leased by
  110  a department, agency, board, or commission, or a property held
  111  in trust to the state if the inspector general deems such access
  112  necessary to carry out his or her duties. The inspector general
  113  may also request such information or assistance as may be
  114  necessary from the state agency or from any federal, state, or
  115  local governmental entity.
  116         (6) It is the duty of every state officer, employee,
  117  agency, special district, board, commission, contractor, and
  118  subcontractor to cooperate with the inspector general in any
  119  investigation, audit, inspection, review, or hearing pursuant to
  120  this section. Beginning July 1, 2015, each contract, bid,
  121  proposal, and application or solicitation for a contract must
  122  contain a statement that the corporation, partnership, or person
  123  understands and will comply with this subsection.