Florida Senate - 2019                                    SB 1488
       
       
        
       By Senator Brandes
       
       
       
       
       
       24-01833-19                                           20191488__
    1                        A bill to be entitled                      
    2         An act relating to the Whistleblower’s Act; amending
    3         s. 112.3187, F.S.; revising a short title; revising
    4         legislative intent; revising, reordering, and
    5         providing definitions; revising the actions that an
    6         agency or independent contractor is prohibited from
    7         taking against an employee who participates in
    8         protected activity or discloses certain information;
    9         specifying nonapplicability of whistleblower remedies
   10         and protections to certain persons; revising
   11         requirements related to the disclosure of information
   12         and methods of reporting the information; revising
   13         requirements related to remedies; revising affirmative
   14         defenses; amending s. 112.3189, F.S.; revising
   15         applicability of provisions relating to investigative
   16         procedures upon receipt of whistleblower information;
   17         revising powers and responsibilities of the Chief
   18         Inspector General and agency inspectors general;
   19         revising reporting requirements; reordering and
   20         amending s. 112.31895, F.S.; revising investigative
   21         procedures relating to prohibited personnel actions;
   22         revising complaint requirements; revising fact-finding
   23         responsibilities of the Florida Commission on Human
   24         Relations; revising commission powers and
   25         responsibilities; providing requirements for the
   26         termination of an investigation; amending ss. 14.32,
   27         20.055, 112.3188, 112.31901, and 760.06, F.S.;
   28         conforming provisions and cross-references to changes
   29         made by the act; providing an effective date.
   30          
   31  Be It Enacted by the Legislature of the State of Florida:
   32  
   33         Section 1. Section 112.3187, Florida Statutes, is amended
   34  to read:
   35         112.3187 Adverse action against employee for disclosing
   36  information of specified nature prohibited; employee remedy and
   37  relief.—
   38         (1) SHORT TITLE.—Sections 112.3187-112.31895 may be cited
   39  as the “Florida Public Whistleblower’s Whistle-blower’s Act.”
   40         (2) LEGISLATIVE INTENT.—It is the intent of the Legislature
   41  to prevent agencies or independent contractors from taking
   42  retaliatory action against an employee who reports to an
   43  appropriate agency or supervisory official violations of law on
   44  the part of a public employer or independent contractor that
   45  create a substantial and specific danger to the public’s health,
   46  safety, or welfare. It is further the intent of the Legislature
   47  to prevent agencies or independent contractors from taking
   48  retaliatory action against any person who discloses information
   49  to an appropriate agency or supervisory official alleging acts
   50  of gross mismanagement, malfeasance, misfeasance, gross
   51  misconduct improper use of governmental office, gross waste of
   52  public funds, Medicaid fraud or abuse, or any other abuse or
   53  gross neglect of duty on the part of an agency, public officer,
   54  or employee.
   55         (3) DEFINITIONS.—As used in this act, unless otherwise
   56  specified, the following words or terms shall have the meanings
   57  indicated:
   58         (a) “Agency” means any state, regional, county, local, or
   59  municipal government entity, whether executive, judicial, or
   60  legislative; any official, officer, department, division,
   61  bureau, commission, authority, or political subdivision therein;
   62  or any public school, community college, or state university.
   63         (b) “Employee” means a person who performs services for,
   64  and under the control and direction of, or contracts with, an
   65  agency or independent contractor for wages or other
   66  remuneration. The term includes a current or former employee or
   67  an applicant for employment.
   68         (i)(c) “Retaliatory Adverse personnel action” means the
   69  discharge, suspension, transfer, or demotion of an any employee
   70  or the withholding of bonuses, the reduction in salary or
   71  benefits, or any other adverse action taken against an employee
   72  within the terms and conditions of employment by an agency or
   73  independent contractor which may dissuade a reasonable employee
   74  from reporting or disclosing any protected activity described in
   75  subparagraphs (h)1. and 2.
   76         (c)“Gross misconduct” means a willful transgression of law
   77  or established rule which is of such a degree or recurrence as
   78  to show a substantial disregard of the employer’s interests or
   79  the employee’s duties and obligations to the public.
   80         (e)(d) “Independent contractor” means a person, other than
   81  an agency, engaged in any business and who enters into a
   82  contract, including a provider agreement, with an agency.
   83         (d)(e) “Gross mismanagement” means a continuous pattern of
   84  managerial abuses, wrongful or arbitrary and capricious actions,
   85  or fraudulent or criminal conduct which may have a substantial
   86  adverse economic impact.
   87         (f)“Malfeasance” means engaging in misconduct or
   88  wrongdoing with a disregard of the employer’s interests or the
   89  employee’s duties and obligations to the public.
   90         (g)“Misfeasance” means the performance of a lawful act in
   91  an improper or illegal manner.
   92         (h)“Protected activity” means any of the following:
   93         1.The reporting to an appropriate agency or supervisory
   94  official of violations of law on the part of a public employer
   95  or independent contractor which create a substantial and
   96  specific danger to the public’s health, safety, or welfare.
   97         2.The disclosure of information to an appropriate agency
   98  or supervisory official alleging acts of gross mismanagement,
   99  malfeasance, misfeasance, gross misconduct, gross waste of
  100  public funds, Medicaid fraud or abuse, or gross neglect of duty
  101  on the part of an agency, public officer, or employee.
  102         3.Participation in an investigation, hearing, or other
  103  inquiry pursuant to this section by an agency or federal
  104  government entity.
  105         4.Refusal to participate in any retaliatory action
  106  prohibited by this section.
  107         (j)“State agency” means any official, officer, commission,
  108  board, authority, council, committee, or department of the
  109  executive branch of state government.
  110         (4) ACTIONS PROHIBITED.—
  111         (a) An agency or independent contractor shall not dismiss,
  112  discipline, or take any other retaliatory adverse personnel
  113  action against an employee for participating in protected
  114  activity or for disclosing information pursuant to subsection
  115  (6) the provisions of this section.
  116         (b) An agency or independent contractor shall not take any
  117  adverse action that affects the rights or interests of a person
  118  in retaliation for the person’s disclosure of information under
  119  this section.
  120         (c)The provisions of This subsection is shall not be
  121  applicable when an employee or person discloses information
  122  known, or which reasonably should be known, by the employee or
  123  person to be false.
  124         (c)A remedy or protection under ss. 112.3187-112.31895
  125  does not apply to:
  126         1.A person who has committed, or intentionally
  127  participated in committing, a violation or suspected violation
  128  for which protection under ss. 112.3187-112.31895 is being
  129  sought.
  130         2.A person while he or she is under the care, custody, or
  131  control of the state correctional system, or after release from
  132  the care, custody, or control of the state correctional system,
  133  with respect to circumstances that occurred during any period of
  134  incarceration.
  135         (5) NATURE OF INFORMATION DISCLOSED.—
  136         (a) The information disclosed by employees and persons
  137  under this section must include:
  138         1.(a) Any violation or suspected violation of any federal,
  139  state, or local law, rule, or regulation committed by an
  140  employee or agent of an agency or independent contractor which
  141  creates and presents a substantial and specific danger to the
  142  public’s health, safety, or welfare; or.
  143         2.(b) Any act or reasonably suspected act of gross
  144  mismanagement, malfeasance, misfeasance, gross misconduct, gross
  145  waste of public funds, suspected or actual Medicaid fraud or
  146  abuse, or gross neglect of duty committed by an employee or
  147  agent of an agency or independent contractor.
  148         (b)Information disclosed by an employee or former employee
  149  of an independent contractor must relate to provisions of the
  150  contract between the agency and the independent contractor.
  151         (6) TO WHOM INFORMATION DISCLOSED AND METHODS OF
  152  REPORTING.—
  153         (a)Information disclosed under this section alleging an
  154  action on the part of a public employer or an independent
  155  contractor which creates a substantial and specific danger to
  156  the public’s health, safety, or welfare, or alleging gross waste
  157  of funds or any other abuse or gross neglect of duty on the part
  158  of an agency, a public officer, or an employee, must be
  159  disclosed to the chief inspector general, agency inspector
  160  general or employee designated as agency inspector general under
  161  s. 112.3189(1), inspectors general under s. 20.055, or the
  162  Florida Commission on Human Relations.
  163         (b)The information disclosed by an employee or a person
  164  pursuant to this subsection or subsection (5) must be submitted
  165  in the form of a written and signed complaint to one of the
  166  following:
  167         1.The employee’s supervisory official, the Chief Inspector
  168  General as defined in s. 14.32(1), the agency inspector general,
  169  the employee designated as agency inspector general under s.
  170  112.3189(1), inspectors general under s. 20.055, or to the
  171  Florida Commission on Human Relations. Employees and independent
  172  contractors of the Chief Inspector General, the employee
  173  designated as an agency inspector general, or the Florida
  174  Commission on Human Relations must meet the same requirements as
  175  others affected by this section; or
  176         2.An agency or a federal governmental entity that has
  177  authority to investigate, police, manage, or otherwise remedy
  178  the violation or act.
  179         (c)If a disclosure is related to a local governmental
  180  entity, including any regional, county, or municipal entity;
  181  special district; community college district; or school
  182  district, or any political subdivision thereof, the information
  183  must be disclosed to a chief executive officer, as defined in s.
  184  447.203(9), or other appropriate local official.
  185         (d)Information disclosed to any other person or entity
  186  does not qualify for protection under this section The
  187  information disclosed under this section must be disclosed to
  188  any agency or federal government entity having the authority to
  189  investigate, police, manage, or otherwise remedy the violation
  190  or act, including, but not limited to, the Office of the Chief
  191  Inspector General, an agency inspector general or the employee
  192  designated as agency inspector general under s. 112.3189(1) or
  193  inspectors general under s. 20.055, the Florida Commission on
  194  Human Relations, and the whistle-blower’s hotline created under
  195  s. 112.3189. However, for disclosures concerning a local
  196  governmental entity, including any regional, county, or
  197  municipal entity, special district, community college district,
  198  or school district or any political subdivision of any of the
  199  foregoing, the information must be disclosed to a chief
  200  executive officer as defined in s. 447.203(9) or other
  201  appropriate local official.
  202         (7)EMPLOYEES AND PERSONS PROTECTED.—This section protects
  203  employees and persons who disclose information on their own
  204  initiative in a written and signed complaint; who are requested
  205  to participate in an investigation, hearing, or other inquiry
  206  conducted by any agency or federal government entity; who refuse
  207  to participate in any adverse action prohibited by this section;
  208  or who initiate a complaint through the whistle-blower’s hotline
  209  or the hotline of the Medicaid Fraud Control Unit of the
  210  Department of Legal Affairs; or employees who file any written
  211  complaint to their supervisory officials or employees who submit
  212  a complaint to the Chief Inspector General in the Executive
  213  Office of the Governor, to the employee designated as agency
  214  inspector general under s. 112.3189(1), or to the Florida
  215  Commission on Human Relations. The provisions of this section
  216  may not be used by a person while he or she is under the care,
  217  custody, or control of the state correctional system or, after
  218  release from the care, custody, or control of the state
  219  correctional system, with respect to circumstances that occurred
  220  during any period of incarceration. No remedy or other
  221  protection under ss. 112.3187-112.31895 applies to any person
  222  who has committed or intentionally participated in committing
  223  the violation or suspected violation for which protection under
  224  ss. 112.3187-112.31895 is being sought.
  225         (7)(8) REMEDIES.—
  226         (a) Any employee of or applicant for employment with any
  227  state agency or an independent contractor of a state agency, as
  228  the term “state agency” is defined in s. 112.3187(3) s. 216.011,
  229  who is discharged, disciplined, or subjected to other
  230  retaliatory adverse personnel action, or denied employment,
  231  because he or she engaged in an activity protected by this
  232  section may file a complaint with, which complaint must be made
  233  in accordance with s. 112.31895. Upon receipt of notice from the
  234  Florida Commission on Human Relations. The complaint must be
  235  made in accordance with the requirements of s. 112.31895 of
  236  termination of the investigation, the complainant may elect to
  237  pursue the administrative remedy available under s. 112.31895 or
  238  bring a civil action within 180 days after receipt of the
  239  notice.
  240         (b) Within 60 days after the action prohibited by this
  241  section, any local public employee protected by this section may
  242  file a complaint with the appropriate local governmental
  243  authority, if that authority has established by ordinance an
  244  administrative procedure for handling such complaints or has
  245  contracted with the Division of Administrative Hearings under s.
  246  120.65 to conduct hearings under this section. The
  247  administrative procedure created by ordinance must provide for
  248  the complaint to be heard by a panel of impartial persons
  249  appointed by the appropriate local governmental authority. Upon
  250  hearing the complaint, the panel must make findings of fact and
  251  conclusions of law for a final decision by the local
  252  governmental authority. Within 180 days after entry of a final
  253  decision by the local governmental authority, the public
  254  employee who filed the complaint may bring a civil action in any
  255  court of competent jurisdiction. If the local governmental
  256  authority has not established an administrative procedure by
  257  ordinance or contract, a local public employee may, within 180
  258  days after the action prohibited by this section, bring a civil
  259  action in a court of competent jurisdiction. For the purpose of
  260  this paragraph, the term “local governmental authority” includes
  261  any regional, county, or municipal entity, special district,
  262  community college district, or school district or any political
  263  subdivision of any of the foregoing.
  264         (c) Any other person protected by this section may, after
  265  exhausting all available contractual or administrative remedies,
  266  bring a civil action in any court of competent jurisdiction
  267  within 180 days after the action prohibited by this section.
  268         (8)(9) RELIEF.—In any action brought under this section,
  269  the relief must include the following:
  270         (a) Reinstatement of the employee to the same position held
  271  before the retaliatory adverse action was commenced, or to an
  272  equivalent position or reasonable front pay as alternative
  273  relief.
  274         (b) Reinstatement of the employee’s full fringe benefits
  275  and seniority rights, as appropriate.
  276         (c) Compensation, if appropriate, for lost wages, benefits,
  277  or other lost remuneration caused by the adverse action.
  278         (d) Payment of reasonable costs, including attorney
  279  attorney’s fees, to a substantially prevailing employee, or to
  280  the prevailing employer if the employee filed a frivolous action
  281  in bad faith.
  282         (e) Issuance of an injunction, if appropriate, by a court
  283  of competent jurisdiction.
  284         (f) Temporary reinstatement to the employee’s former
  285  position or to an equivalent position, pending the final outcome
  286  on the complaint, if an employee complains of being discharged
  287  in retaliation for a protected disclosure and if a court of
  288  competent jurisdiction or the Florida Commission on Human
  289  Relations, as applicable under s. 112.31895, determines that the
  290  disclosure was not made in bad faith or for a wrongful purpose
  291  or occurred after an agency’s initiation of a personnel action
  292  against the employee which includes documentation of the
  293  employee’s violation of a disciplinary standard or performance
  294  deficiency. This paragraph does not apply to an employee of a
  295  municipality.
  296         (9)(10)AFFIRMATIVE DEFENSES.—It shall be an affirmative
  297  defense to any action brought pursuant to this section that:
  298         (a) The retaliatory adverse action was predicated upon
  299  grounds other than, and would have been taken absent, the
  300  employee’s or person’s exercise of rights protected by this
  301  section; or
  302         (b)The employee or person disclosed information that was
  303  known, or reasonably should have been known, to be false.
  304         (10)(11) EXISTING RIGHTS.—Sections 112.3187-112.31895 do
  305  not diminish the rights, privileges, or remedies of an employee
  306  under any other law or rule or under any collective bargaining
  307  agreement or employment contract; however, the election of
  308  remedies in s. 447.401 also applies to whistleblower whistle
  309  blower actions.
  310         Section 2. Section 112.3189, Florida Statutes, is amended
  311  to read:
  312         112.3189 Investigative procedures upon receipt of
  313  whistleblower whistle-blower information from certain state and
  314  independent contractor employees.—
  315         (1) This section only applies to the disclosure of
  316  information as described in s. 112.3187(5) by an employee or a
  317  former employee of, or an applicant for employment with, a state
  318  agency, as the term “state agency” is defined in s. 112.3187(3),
  319  or by an employee or a former employee of a state agency’s
  320  independent contractor s. 216.011, to the Office of the Chief
  321  Inspector General of the Executive Office of the Governor or to
  322  the agency inspector general. If an agency does not have an
  323  inspector general, the head of the state agency, as defined in
  324  s. 112.3187(3) s. 216.011, shall designate an employee, in
  325  consultation with the Chief Inspector General, who meets the
  326  requirements provided in s. 20.055(4) to receive information
  327  described in s. 112.3187(5). For purposes of this section and s.
  328  112.3188 only, the employee designated by the head of the state
  329  agency is shall be deemed an agency inspector general.
  330         (2) To facilitate the receipt of information described in
  331  subsection (1), the Chief Inspector General shall periodically
  332  maintain an in-state toll-free whistle-blower’s hotline and
  333  shall circulate among the various state agencies an advisory for
  334  all employees which indicates how to file a whistleblower
  335  complaint the existence of the toll-free number and its purpose
  336  and provides an address to which written whistle-blower
  337  information may be forwarded.
  338         (3) When a person alleges information described in s.
  339  112.3187(5), the Chief Inspector General or agency inspector
  340  general actually receiving such information shall within 20 days
  341  of receiving such information determine:
  342         (a) Whether the information disclosed is the type of
  343  information described in s. 112.3187(5).
  344         (b) Whether the source of the information is a person who
  345  is an employee or former employee of, or an applicant for
  346  employment with, a state agency, as defined in s. 112.3187(3),
  347  or an employee or a former employee of a state agency’s
  348  independent contractor s. 216.011.
  349         (c) Whether the information actually disclosed demonstrates
  350  reasonable cause to suspect that an employee or agent of an
  351  agency or independent contractor has violated any federal,
  352  state, or local law, rule, or regulation, thereby creating and
  353  presenting a substantial and specific danger to the public’s
  354  health, safety, or welfare, or has committed an act of gross
  355  mismanagement, gross misconduct malfeasance, misfeasance, gross
  356  waste of public funds, or gross neglect of duty.
  357         (4) If the Chief Inspector General or agency inspector
  358  general under subsection (3) determines that the information
  359  disclosed is not the type of information described in s.
  360  112.3187(5), or that the source of the information is not a
  361  person who is an employee or former employee of, or an applicant
  362  for employment with, a state agency, as defined in s.
  363  112.3187(3), or an employee or a former employee of a state
  364  agency’s independent contractor s. 216.011, or that the
  365  information disclosed does not demonstrate reasonable cause to
  366  suspect that an employee or agent of an agency or independent
  367  contractor has violated any federal, state, or local law, rule,
  368  or regulation, thereby creating and presenting a substantial and
  369  specific danger to the public’s health, safety, or welfare, or
  370  has committed an act of gross mismanagement, gross misconduct
  371  malfeasance, misfeasance, gross waste of public funds, or gross
  372  neglect of duty, the Chief Inspector General or agency inspector
  373  general shall notify the complainant of such fact and copy and
  374  return, upon request of the complainant, any documents and other
  375  materials that were provided by the complainant.
  376         (5)(a) If the Chief Inspector General or agency inspector
  377  general under subsection (3) determines that the information
  378  disclosed is the type of information described in s.
  379  112.3187(5), that the source of the information is from a person
  380  who is an employee or a former employee of, or an applicant for
  381  employment with, a state agency, as defined in s. 112.3187(3),
  382  or an employee or a former employee of a state agency’s
  383  independent contractor s. 216.011, and that the information
  384  disclosed demonstrates reasonable cause to suspect that an
  385  employee or agent of an agency or independent contractor has
  386  violated any federal, state, or local law, rule, or regulation,
  387  thereby creating a substantial and specific danger to the
  388  public’s health, safety, or welfare, or has committed an act of
  389  gross mismanagement, gross misconduct malfeasance, misfeasance,
  390  gross waste of public funds, or gross neglect of duty, the Chief
  391  Inspector General or agency inspector general making such
  392  determination shall then conduct an investigation, unless the
  393  Chief Inspector General or the agency inspector general
  394  determines, within 30 days after receiving the allegations from
  395  the complainant, that such investigation is unnecessary. For
  396  purposes of this subsection, the Chief Inspector General or the
  397  agency inspector general shall consider the following factors,
  398  but is not limited to only the following factors, when deciding
  399  whether the investigation is not necessary:
  400         (a)1. The gravity of the disclosed information compared to
  401  the time and expense of an investigation.
  402         (b)2. The potential for an investigation to yield
  403  recommendations that will make state government more efficient
  404  and effective.
  405         (c)3. The benefit to state government to have a final
  406  report on the disclosed information.
  407         (d)4. Whether the alleged whistleblower whistle-blower
  408  information primarily concerns personnel practices that may be
  409  investigated under chapter 110.
  410         (e)5. Whether another agency may be conducting an
  411  investigation and whether any investigation under this section
  412  could be duplicative.
  413         (f)6. The time that has elapsed between the alleged event
  414  and the disclosure of the information.
  415         (b)If the Chief Inspector General or agency inspector
  416  general determines under paragraph (a) that an investigation is
  417  not necessary, the Chief Inspector General or agency inspector
  418  general making such determination shall:
  419         1.Copy and return, upon request of the complainant, any
  420  documents and other materials provided by the individual who
  421  made the disclosure.
  422         2.Inform in writing the head of the state agency for the
  423  agency inspector general making the determination that the
  424  investigation is not necessary and the individual who made the
  425  disclosure of the specific reasons why an investigation is not
  426  necessary and why the disclosure will not be further acted on
  427  under this section.
  428         (6) The agency inspector general may conduct an
  429  investigation pursuant to subsection (5) paragraph (5)(a) only
  430  if the person transmitting information to the agency inspector
  431  general is an employee or a former employee of, or an applicant
  432  for employment with, the agency inspector general’s agency, or
  433  is an employee or a former employee of the agency’s independent
  434  contractor. The agency inspector general shall:
  435         (a) Conduct an investigation with respect to the
  436  information and any related matters.
  437         (b) Submit to the complainant and the Chief Inspector
  438  General, within 90 60 days after the date on which a
  439  determination to conduct an investigation is made under
  440  subsection (5) paragraph (5)(a), a final written report that
  441  sets forth the agency inspector general’s findings, conclusions,
  442  and recommendations, except as provided under subsection (11).
  443  The complainant shall be advised in writing by the agency
  444  inspector general head that the complainant may submit to the
  445  Chief Inspector General and agency inspector general comments on
  446  the final report within 10 20 days of the date of the report and
  447  that such comments will be attached to the final report.
  448         (7) If the Chief Inspector General decides an investigation
  449  should be conducted pursuant to subsection (5) paragraph (5)(a),
  450  the Chief Inspector General shall either:
  451         (a) Promptly transmit to the appropriate head of the state
  452  agency inspector general the information with respect to which
  453  the determination to conduct an investigation was made, and such
  454  agency inspector general head shall conduct an investigation and
  455  submit to the Chief Inspector General a final written report
  456  that sets forth the agency inspector general’s head’s findings,
  457  conclusions, and recommendations; or
  458         (b)1. Conduct an investigation with respect to the
  459  information and any related matters; and
  460         2. Submit to the complainant within 90 60 days after the
  461  date on which a determination to conduct an investigation is
  462  made under subsection (5) paragraph (5)(a), a final written
  463  report that sets forth the Chief Inspector General’s findings,
  464  conclusions, and recommendations, except as provided under
  465  subsection (11). The complainant shall be advised in writing by
  466  the Chief Inspector General that the complainant may submit to
  467  the Chief Inspector General comments on the final report within
  468  10 20 days of the date of the report and that such comments will
  469  be attached to the final report.
  470         (c) The Chief Inspector General may require an agency
  471  inspector general or the employee designated as agency inspector
  472  general under s. 112.3189(1) head to conduct an investigation
  473  under paragraph (a) only if the information was transmitted to
  474  the Chief Inspector General by:
  475         1. An employee or a former employee of, or an applicant for
  476  employment with, the agency, or an employee or a former employee
  477  of the agency’s independent contractor, that the information
  478  concerns; or
  479         2. An employee who obtained the information in connection
  480  with the performance of the employee’s duties and
  481  responsibilities.
  482         (8) Final reports required under this section must be
  483  reviewed and signed by the person responsible for conducting the
  484  investigation (agency inspector general, employee designated as
  485  agency inspector general under s. 112.3189(1) agency head, or
  486  Chief Inspector General) and must include:
  487         (a) A summary of the information with respect to which the
  488  investigation was initiated.
  489         (b) A description of the conduct of the investigation.
  490         (c) A summary of any evidence obtained from the
  491  investigation.
  492         (d) A listing of any violation or apparent violation of any
  493  law, rule, or regulation.
  494         (e) A description of any action taken or planned as a
  495  result of the investigation, such as:
  496         1. A change in an agency rule, regulation, or practice.
  497         2. The restoration of an aggrieved employee.
  498         3. A disciplinary action against an employee.
  499         4. The referral to the Department of Law Enforcement of any
  500  evidence of a criminal violation.
  501         (9)(a) A report required of the agency inspector general
  502  head under paragraph (7)(a) shall be submitted to the Chief
  503  Inspector General and the complainant within 90 60 days after
  504  the agency inspector general head receives the complaint from
  505  the Chief Inspector General, except as provided under subsection
  506  (11). The complainant shall be advised in writing by the agency
  507  inspector general head that the complainant may submit to the
  508  Chief Inspector General comments on the report within 10 20 days
  509  of the date of the report and that such comments will be
  510  attached to the final report.
  511         (b) Upon receiving a final report required under this
  512  section, the Chief Inspector General shall review the report and
  513  determine whether the report contains the information required
  514  by subsection (8). If the report does not contain the
  515  information required by subsection (8), the Chief Inspector
  516  General shall determine why and note the reasons on an addendum
  517  to the final report.
  518         (c) The Chief Inspector General shall transmit any final
  519  report under this section, any comments provided by the
  520  complainant, and any appropriate comments or recommendations by
  521  the Chief Inspector General to the Governor, the Legislative
  522  Auditing Committee, the investigating agency, and the Chief
  523  Financial Officer.
  524         (d) If the Chief Inspector General does not receive the
  525  report of the agency inspector general head within the time
  526  prescribed in paragraph (a), the Chief Inspector General may
  527  conduct the investigation in accordance with paragraph (7)(b) or
  528  request that another agency inspector general conduct the
  529  investigation in accordance with subsection (6) and shall report
  530  the complaint to the Governor, to the Joint Legislative Auditing
  531  Committee, and to the investigating agency, together with a
  532  statement noting the failure of the agency inspector general
  533  head to file the required report.
  534         (10) For any time period set forth in subsections (3), (6),
  535  (7), and (9), such time period may be extended in writing by the
  536  Chief Inspector General for good cause shown.
  537         (11) If an investigation under this section produces
  538  evidence of a criminal violation, the report shall not be
  539  transmitted to the complainant, and the agency head or agency
  540  inspector general shall notify the Chief Inspector General and
  541  the Department of Law Enforcement.
  542         Section 3. Section 112.31895, Florida Statutes, is
  543  reordered and amended to read:
  544         112.31895 Investigative procedures in response to
  545  retaliatory prohibited personnel actions.—
  546         (1) COMPLAINT PROCEDURES.—
  547         (a) If a disclosure or other protected activity under s.
  548  112.3187 includes or results in alleged retaliatory action
  549  retaliation by an employer, the employee or former employee of,
  550  or applicant for employment with, a state agency, as defined in
  551  s. 112.3187(3), or the employee or former employee of a state
  552  agency’s independent contractor which s. 216.011, that is so
  553  affected may file a complaint alleging a retaliatory prohibited
  554  personnel action, which complaint must be made by filing a
  555  written and signed complaint with the Office of the Chief
  556  Inspector General in the Executive Office of the Governor or the
  557  Florida Commission on Human Relations, no later than 90 60 days
  558  after the prohibited personnel action.
  559         (b) Within 5 three working days after receiving a complaint
  560  under this section, the office or officer receiving the
  561  complaint shall acknowledge receipt of the complaint and provide
  562  copies of the complaint and any other preliminary information
  563  available concerning the disclosure of information under s.
  564  112.3187 to each of the other parties named in paragraph (a) and
  565  to the agency, which parties shall each acknowledge receipt of
  566  such copies to the complainant.
  567         (3)(2) FACT FINDING.—The Florida Commission on Human
  568  Relations shall:
  569         (a) Upon receipt of an Receive any allegation of a
  570  retaliatory personnel action prohibited by s. 112.3187,
  571  including a proposed or potential action, and conduct an
  572  investigation informal fact finding regarding any allegation
  573  under this section, to the extent necessary to determine whether
  574  there are reasonable grounds to believe that a retaliatory
  575  prohibited personnel action under s. 112.3187 has occurred, is
  576  occurring, or is to be taken.
  577         (b)Notify the complainant, within 15 days after receiving
  578  a complaint, that the complaint has been received by the
  579  department.
  580         (b)(c) Within 120 90 days after receiving the complaint is
  581  filed, determine whether reasonable grounds exist to believe
  582  that a retaliatory action occurred, is occurring, or is to be
  583  taken provide the agency head and the complainant with a fact
  584  finding report that may include recommendations to the parties
  585  or proposed resolution of the complaint. The fact-finding report
  586  shall be presumed admissible in any subsequent or related
  587  administrative or judicial review.
  588         (2)(3)POWERS OF THE FLORIDA COMMISSION ON HUMAN RELATIONS
  589  CORRECTIVE ACTION AND TERMINATION OF INVESTIGATION.—
  590         (a) The Florida Commission on Human Relations, in
  591  accordance with this act and for the sole purpose of this act,
  592  is empowered to:
  593         1. Receive and investigate complaints from employees
  594  alleging retaliation by state agencies, as the term “state
  595  agency” is defined in s. 112.3187(3), and by independent
  596  contractors s. 216.011.
  597         2. Protect employees and applicants for employment with
  598  such agencies from retaliatory actions prohibited personnel
  599  practices under s. 112.3187.
  600         3. Petition for stays and petition for corrective actions,
  601  including, but not limited to, temporary reinstatement.
  602         4. Recommend disciplinary proceedings pursuant to
  603  investigation and appropriate agency rules and procedures.
  604         5. Coordinate with the Chief Inspector General in the
  605  Executive Office of the Governor and the Florida Commission on
  606  Human Relations to receive, review, and forward to appropriate
  607  agencies, legislative entities, or the Department of Law
  608  Enforcement disclosures of a violation of any law, rule, or
  609  regulation, or disclosures of gross mismanagement, malfeasance,
  610  misfeasance, nonfeasance, neglect of duty, or gross waste of
  611  public funds.
  612         6. Review rules pertaining to personnel matters issued or
  613  proposed by the Department of Management Services, the Public
  614  Employees Relations Commission, and other agencies, and, if the
  615  Florida Commission on Human Relations finds that any rule or
  616  proposed rule, on its face or as implemented, requires the
  617  commission of a prohibited personnel practice, provide a written
  618  comment to the appropriate agency.
  619         7. Investigate, request assistance from other governmental
  620  entities, and, if appropriate, bring actions concerning,
  621  allegations of retaliation by state agencies under subparagraph
  622  1.
  623         8. Administer oaths, examine witnesses, take statements,
  624  issue subpoenas, order the taking of depositions, order
  625  responses to written interrogatories, and make appropriate
  626  motions to limit discovery, pursuant to investigations under
  627  subparagraph 1.
  628         9. Intervene or otherwise participate, as a matter of
  629  right, in any appeal or other proceeding arising under this
  630  section before the Public Employees Relations Commission or any
  631  other appropriate agency, except that the Florida Commission on
  632  Human Relations must comply with the rules of the commission or
  633  other agency and may not seek corrective action or intervene in
  634  an appeal or other proceeding without the consent of the person
  635  protected under ss. 112.3187-112.31895.
  636         10. Conduct an investigation, in the absence of an
  637  allegation, to determine whether reasonable grounds exist to
  638  believe that a prohibited action or a pattern of prohibited
  639  action has occurred, is occurring, or is to be taken.
  640         (b) Within 15 days after receiving a complaint that a
  641  person has been discharged from employment allegedly for
  642  engaging in disclosing protected activity information under s.
  643  112.3187, the Florida Commission on Human Relations shall review
  644  the information and determine whether temporary reinstatement is
  645  appropriate under s. 112.3187(8)(f) s. 112.3187(9)(f). If the
  646  Florida Commission on Human Relations so determines, based upon
  647  a legal review of the complaint and accompanying materials, it
  648  shall apply for an expedited order to show cause from the
  649  appropriate agency or circuit court for the immediate
  650  reinstatement of the employee who has been discharged subsequent
  651  to the disclosure made under s. 112.3187, pending the issuance
  652  of the final outcome of order on the complaint.
  653         (c)The Florida Commission on Human Relations shall notify
  654  a complainant of the status of the investigation and any action
  655  taken at such times as the commission considers appropriate.
  656         (d)If the Florida Commission on Human Relations is unable
  657  to conciliate a complaint within 60 days after receipt of the
  658  fact-finding report, the Florida Commission on Human Relations
  659  shall terminate the investigation. Upon termination of any
  660  investigation, the Florida Commission on Human Relations shall
  661  notify the complainant and the agency head of the termination of
  662  the investigation, providing a summary of relevant facts found
  663  during the investigation and the reasons for terminating the
  664  investigation. A written statement under this paragraph is
  665  presumed admissible as evidence in any judicial or
  666  administrative proceeding but is not admissible without the
  667  consent of the complainant.
  668         (c)(e)1. The Florida Commission on Human Relations may
  669  request an agency or a circuit court to order a stay, on such
  670  terms as the court requires, of any personnel action for 45 days
  671  if the Florida commission on Human Relations determines that
  672  reasonable grounds exist to believe that a retaliatory
  673  prohibited personnel action has occurred, is occurring, or is to
  674  be taken. The Florida commission on Human Relations may request
  675  that such stay be extended for appropriate periods of time.
  676         (d)2. If, in connection with any investigation under this
  677  section, it is determined the Florida Commission on Human
  678  Relations determines that reasonable grounds exist to believe
  679  that a criminal violation has occurred which has not previously
  680  been reported prohibited action has occurred, is occurring, or
  681  is to be taken which requires corrective action, the Florida
  682  Commission on Human Relations shall report the determination
  683  together with any findings or recommendations to the agency head
  684  and may report that determination and those findings and
  685  recommendations to the Department of Law Enforcement and to the
  686  state attorney having jurisdiction over the matter Governor and
  687  the Chief Financial Officer. The Florida Commission on Human
  688  Relations may include in the report recommendations for
  689  corrective action to be taken.
  690         3.If, after 20 days, the agency does not implement the
  691  recommended action, the Florida Commission on Human Relations
  692  shall terminate the investigation and notify the complainant of
  693  the right to appeal under subsection (4), or may petition the
  694  agency for corrective action under this subsection.
  695         4.If the Florida Commission on Human Relations finds, in
  696  consultation with the individual subject to the prohibited
  697  action, that the agency has implemented the corrective action,
  698  the commission shall file such finding with the agency head,
  699  together with any written comments that the individual provides,
  700  and terminate the investigation.
  701         (f)If the Florida Commission on Human Relations finds that
  702  there are no reasonable grounds to believe that a prohibited
  703  personnel action has occurred, is occurring, or is to be taken,
  704  the commission shall terminate the investigation.
  705         (g)1.If, in connection with any investigation under this
  706  section, it is determined that reasonable grounds exist to
  707  believe that a criminal violation has occurred which has not
  708  been previously reported, the Florida Commission on Human
  709  Relations shall report this determination to the Department of
  710  Law Enforcement and to the state attorney having jurisdiction
  711  over the matter.
  712         (e)2. If an alleged criminal violation has been reported,
  713  the Florida Commission on Human Relations shall confer with the
  714  Department of Law Enforcement and the state attorney before
  715  proceeding with the investigation of the prohibited personnel
  716  action and may defer the investigation pending completion of the
  717  criminal investigation and proceedings. The Florida Commission
  718  on Human Relations shall inform the complainant of the decision
  719  to defer the investigation and, if appropriate, of the
  720  confidentiality of the investigation.
  721         (f)(h) If, in connection with any investigation under this
  722  section, the Florida Commission on Human Relations determines
  723  that reasonable grounds exist to believe that a violation of a
  724  law, rule, or regulation has occurred, other than a criminal
  725  violation or a prohibited action under this section, the
  726  commission may report such violation to the head of the agency
  727  involved. Within 30 days after the agency receives the report,
  728  the agency head shall provide to the commission a certification
  729  that states that the head of the agency has personally reviewed
  730  the report and indicates what action has been or is to be taken
  731  and when the action will be completed.
  732         (g)(i) During any investigation under this section,
  733  disciplinary action may not be taken against any employee of a
  734  state agency, as the term “state agency” is defined in s.
  735  112.3187(3) s. 216.011, for reporting an alleged prohibited
  736  personnel action that is under investigation, or for reporting
  737  any related activity, or against any employee for participating
  738  in an investigation without notifying the Florida Commission on
  739  Human Relations.
  740         (h)(j) The Florida Commission on Human Relations may also
  741  petition for an award of reasonable attorney’s fees and expenses
  742  from a state agency, as the term “state agency” is defined in s.
  743  112.3187(3) s. 216.011, pursuant to s. 112.3187(8) s.
  744  112.3187(9).
  745         (4)NOTICE OF TERMINATION.—
  746         (a)If the Florida Commission on Human Relations determines
  747  that reasonable grounds do not exist to believe that a
  748  retaliatory action occurred, is occurring, or is to be taken,
  749  the commission must issue a termination of investigation for no
  750  cause, which must provide the reason for terminating the
  751  investigation to the state agency and to the complainant.
  752         (b)1.If the Florida Commission on Human Relations
  753  determines that reasonable grounds exist to believe that a
  754  retaliatory action occurred, is occurring, or is to be taken,
  755  the commission must issue a fact-finding report that may include
  756  recommendations to the parties or propose a resolution of the
  757  complaint. The commission has 60 days after the date of the
  758  report to attempt to resolve the complaint. If the complaint
  759  remains unresolved upon expiration of the 60-day period, the
  760  commission must issue a notice of termination of investigation
  761  with cause which must provide to the affected parties a summary
  762  of relevant facts found during the investigation and the reason
  763  for terminating the investigation.
  764         2.A fact-finding report issued under this paragraph is
  765  presumed admissible in evidence in any subsequent judicial or
  766  administrative proceeding but is not admissible without the
  767  consent of the charging party.
  768         (c)Upon receipt of the notice of termination of
  769  investigation, a complainant may:
  770         1.Bring a civil action in any court of competent
  771  jurisdiction within 180 days after rendition of the notice; or
  772         2.At least 60 days after rendition of the notice, file a
  773  complaint with the Public Employees Relations Commission against
  774  the employer-agency regarding the alleged retaliatory action.
  775  The Public Employees Relations Commission has jurisdiction over
  776  such complaints under ss. 112.3187 and 447.503(4) and (5).
  777  Judicial review of any final order of the Public Employees
  778  Relations Commission shall be as provided in s. 120.68.
  779         (d)The notice provisions of s. 768.28 do not apply to any
  780  civil action brought pursuant to ss. 112.3187-112.31895.
  781         (4)RIGHT TO APPEAL.—
  782         (a)Not more than 60 days after receipt of a notice of
  783  termination of the investigation from the Florida Commission on
  784  Human Relations, the complainant may file, with the Public
  785  Employees Relations Commission, a complaint against the
  786  employer-agency regarding the alleged prohibited personnel
  787  action. The Public Employees Relations Commission shall have
  788  jurisdiction over such complaints under ss. 112.3187 and
  789  447.503(4) and (5).
  790         (b)Judicial review of any final order of the commission
  791  shall be as provided in s. 120.68.
  792         Section 4. Paragraph (f) of subsection (2) of section
  793  14.32, Florida Statutes, is amended to read:
  794         14.32 Office of Chief Inspector General.—
  795         (2) The Chief Inspector General shall:
  796         (f) Coordinate the activities of the Florida Public
  797  Whistleblower’s Whistle-blower’s Act pursuant to chapter 112 and
  798  maintain the whistleblower’s whistle-blower’s hotline to receive
  799  complaints and information concerning the possible violation of
  800  law or administrative rules, mismanagement, fraud, waste, abuse
  801  of authority, malfeasance, or a substantial or specific danger
  802  to the health, welfare, or safety of the public.
  803         Section 5. Paragraphs (a), (b), and (f) of subsection (7)
  804  of section 20.055, Florida Statutes, are amended to read:
  805         20.055 Agency inspectors general.—
  806         (7) In carrying out the investigative duties and
  807  responsibilities specified in this section, each inspector
  808  general shall initiate, conduct, supervise, and coordinate
  809  investigations designed to detect, deter, prevent, and eradicate
  810  fraud, waste, mismanagement, misconduct, and other abuses in
  811  state government. For these purposes, each inspector general
  812  shall:
  813         (a) Receive complaints and coordinate all activities of the
  814  agency as required by the Florida Public Whistleblower’s
  815  Whistle-blower’s Act pursuant to ss. 112.3187-112.31895.
  816         (b) Receive and consider the complaints which do not meet
  817  the criteria for an investigation under the Florida Public
  818  Whistleblower’s Whistle-blower’s Act and conduct, supervise, or
  819  coordinate such inquiries, investigations, or reviews as the
  820  inspector general deems appropriate.
  821         (f) Submit in a timely fashion final reports on
  822  investigations conducted by the inspector general to the agency
  823  head, except for whistleblower’s whistle-blower’s
  824  investigations, which shall be conducted and reported pursuant
  825  to s. 112.3189.
  826         Section 6. Paragraphs (b) and (c) of subsection (2) of
  827  section 112.3188, Florida Statutes, are amended to read:
  828         112.3188 Confidentiality of information given to the Chief
  829  Inspector General, internal auditors, inspectors general, local
  830  chief executive officers, or other appropriate local officials.—
  831         (2)
  832         (b) All information received by a local chief executive
  833  officer or appropriate local official or information produced or
  834  derived from fact-finding or investigations conducted pursuant
  835  to the administrative procedure established by ordinance by a
  836  local government as authorized by s. 112.3187(7)(b) s.
  837  112.3187(8)(b) is confidential and exempt from s. 119.07(1) and
  838  s. 24(a), Art. I of the State Constitution, if the information
  839  is being received or derived from allegations as set forth in
  840  paragraph (1)(a) or paragraph (1)(b) and an investigation is
  841  active.
  842         (c) Information deemed confidential under this section may
  843  be disclosed by the Chief Inspector General, agency inspector
  844  general, local chief executive officer, or other appropriate
  845  local official receiving the information if the recipient
  846  determines that the disclosure of the information is absolutely
  847  necessary to prevent a substantial and specific danger to the
  848  public’s health, safety, or welfare or to prevent the imminent
  849  commission of a crime. Information disclosed under this
  850  subsection may be disclosed only to persons who are in a
  851  position to prevent the danger to the public’s health, safety,
  852  or welfare or to prevent the imminent commission of a crime
  853  based on the disclosed information.
  854         1. An investigation is active under this section if:
  855         a. It is an ongoing investigation or inquiry or collection
  856  of information and evidence and is continuing with a reasonable,
  857  good faith anticipation of resolution in the foreseeable future;
  858  or
  859         b. All or a portion of the matters under investigation or
  860  inquiry are active criminal intelligence information or active
  861  criminal investigative information as defined in s. 119.011.
  862         2. Notwithstanding sub-subparagraph 1.a., an investigation
  863  ceases to be active when:
  864         a. The written report required under s. 112.3189(9) has
  865  been sent by the Chief Inspector General to the recipients named
  866  in s. 112.3189(9);
  867         b. It is determined that an investigation is not necessary
  868  under s. 112.3189(5); or
  869         c. A final decision has been rendered by the local
  870  government or by the Division of Administrative Hearings
  871  pursuant to s. 112.3187(7)(b) s. 112.3187(8)(b).
  872         3. Notwithstanding paragraphs (a), (b), and this paragraph,
  873  information or records received or produced under this section
  874  which are otherwise confidential under law or exempt from
  875  disclosure under chapter 119 retain their confidentiality or
  876  exemption.
  877         4. Any person who willfully and knowingly discloses
  878  information or records made confidential under this subsection
  879  commits a misdemeanor of the first degree, punishable as
  880  provided in s. 775.082 or s. 775.083.
  881         Section 7. Subsection (3) of section 112.31901, Florida
  882  Statutes, is amended to read:
  883         112.31901 Investigatory records.—
  884         (3) This section does not apply to whistleblower whistle
  885  blower investigations conducted pursuant to ss. 112.3187,
  886  112.3188, 112.3189, and 112.31895.
  887         Section 8. Subsection (13) of section 760.06, Florida
  888  Statutes, is amended to read:
  889         760.06 Powers of the commission.—Within the limitations
  890  provided by law, the commission shall have the following powers:
  891         (13) To receive complaints and coordinate all activities as
  892  required by the Florida Public Whistleblower’s Whistle-blower’s
  893  Act pursuant to ss. 112.3187-112.31895.
  894         Section 9. This act shall take effect July 1, 2019.