Bill Text: FL H0903 | 2011 | Regular Session | Introduced

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Bill Title: Inspectors General

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H0903 Detail]

Download: Florida-2011-H0903-Introduced.html

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HB 903

1	A bill to be entitled
2	An act relating to inspectors general; transferring,
3	renumbering, and amending s. 14.32, F.S.; providing that
4	the Chief Inspector General is responsible for all agency
5	inspectors general, including cabinet agencies and the
6	Executive Office of the Governor; housing the office of
7	the Chief Inspector General in the Executive Office of the
8	Governor for administrative purposes only; providing that
9	the Chief Inspector General reports to the Cabinet;
10	amending s. 20.055, F.S.; revising definitions; providing
11	that the term "state agencies" includes cabinet agencies;
12	updating a cross-reference; requiring the agency inspector
13	general to keep the Chief Inspector General informed of
14	any agency fraud, abuses, or deficiencies and authorizing
15	the inspector general to not inform the agency head under
16	certain circumstances; requiring agency inspectors general
17	to be appointed by the Chief Inspector General, subject to
18	the consent of the agency head; revising the procedures
19	for removing an inspector general; providing that an
20	agency inspector general may be removed only by the Chief
21	Inspector General in consultation with the agency head;
22	requiring an agency inspector general to be certified by
23	the Association of Inspectors General; requiring agency
24	inspectors general to establish internal and external
25	procedures for receiving complaints from employees and the
26	public; authorizing the inspector general of the
27	Department of Law Enforcement to bypass informing the
28	executive director of the Department of Law Enforcement
29	under certain circumstances; requiring agency inspectors
30	general to provide final reports on investigations, an
31	annual report, and certain written complaints to the Chief
32	Inspector General; requiring one or more investigators
33	within the agency inspector general's office to be a sworn
34	law enforcement officer; amending s. 112.3187, F.S.;
35	revising the definition of "independent contractor" under
36	the state Whistle-blower's Act to include anyone who
37	receives public funds; conforming provisions to changes
38	made by the act; amending s. 112.3189, F.S.; conforming
39	provisions to changes made by the act; permitting
40	employees disclosing information resulting in a recovery
41	of funds to receive a percent of any funds recovered;
42	amending ss. 112.31895 and 112.31901, F.S.; conforming
43	provisions to changes made by the act; creating s.
44	287.0565, F.S.; directing the Department of Management
45	Services to adopt criteria for the use of purchasing
46	cards; requiring the agency inspector general to conduct
47	periodic audits of the use of such cards; amending s.
48	14.2015, F.S.; conforming provisions to changes made by
49	the act; providing an effective date.
50
51	Be It Enacted by the Legislature of the State of Florida:
52
53	Section 1.  Section 14.32, Florida Statutes, is transferred
54	and renumbered as section 20.054, Florida Statutes, and amended
55	to read:
56	20.054 14.32  Office of Chief Inspector General.-
57	(1)  There is created in the Executive Office of the
58	Governor the Office of Chief Inspector General, which, for
59	administrative purposes only, shall be housed in the Executive
60	Office of the Governor. The Chief Inspector General shall be
61	responsible for promoting accountability, integrity, and
62	efficiency in the agencies under the jurisdiction of the
63	Governor and the Cabinet. The Chief Inspector General shall be
64	nominated by the Governor, and approved appointed by and serve
65	at the pleasure of the Cabinet Governor.
66	(2)  The Chief Inspector General shall:
67	(a)  Initiate, supervise, and coordinate investigations,
68	recommend policies, and carry out other activities designed to
69	deter, detect, prevent, and eradicate fraud, waste, abuse,
70	mismanagement, and misconduct in government.
71	(b)  Investigate, upon receipt of a complaint or for cause,
72	any administrative action of any agency, the administration of
73	which is under the direct supervision of the Governor or
74	Cabinet, regardless of the finality of the administrative
75	action.
76	(c)  Request such assistance and information as may be
77	necessary for the performance of the duties of the Chief
78	Inspector General.
79	(d)  Examine the records and reports of any agency the
80	administration of which is under the direct supervision of the
81	Governor or Cabinet.
82	(e)  Coordinate complaint-handling activities with
83	agencies.
84	(f)  Coordinate the activities of the Whistle-blower's Act
85	pursuant to chapter 112 and maintain the whistle-blower's
86	hotline to receive complaints and information concerning the
87	possible violation of law or administrative rules,
88	mismanagement, fraud, waste, abuse of authority, malfeasance, or
89	a substantial or specific danger to the health, welfare, or
90	safety of the public.
91	(g)  Report expeditiously to and cooperate fully with the
92	Department of Law Enforcement, the Department of Legal Affairs,
93	and other law enforcement agencies if when there are
94	recognizable grounds to believe that there has been a violation
95	of criminal law or that a civil action should be initiated.
96	(h)  Act as liaison with outside agencies and the Federal
97	Government to promote accountability, integrity, and efficiency
98	in state government.
99	(i)  Act as liaison and monitor the activities of the
100	inspectors general in the agencies under the Governor and
101	Cabinet, including the Executive Office of the Governor
102	Governor's jurisdiction.
103	(j)  Review, evaluate, and monitor the policies, practices,
104	and operations of the Executive Office of the Governor.
105	(j)(k)  Conduct special investigations and management
106	reviews at the request of the Governor and Cabinet.
107	(3)  The Chief Inspector General shall serve as the
108	inspector general for the Executive Office of the Governor.
109	Section 2.  Section 20.055, Florida Statutes, is amended to
110	read:
111	20.055  Agency inspectors general.-
112	(1)  For the purposes of this section:
113	(a)  "State agency" means each department created pursuant
114	to this chapter, and also includes the Executive Office of the
115	Governor, the Cabinet agencies, the Department of Military
116	Affairs, the Fish and Wildlife Conservation Commission, the
117	Office of Insurance Regulation of the Financial Services
118	Commission, the Office of Financial Regulation of the Financial
119	Services Commission, the Public Service Commission, the Board of
120	Governors of the State University System, and the state courts
121	system.
122	(b)  "Agency head" means the Governor, a Cabinet officer, a
123	secretary as defined in s. 20.03(5), or an executive director as
124	defined in s. 20.03(6). It also includes the chair of the Public
125	Service Commission, the Director of the Office of Insurance
126	Regulation of the Financial Services Commission, the Director of
127	the Office of Financial Regulation of the Financial Services
128	Commission, and the Chief Justice of the State Supreme Court.
129	(c)  "Individuals substantially affected" means natural
130	persons who have established a real and sufficiently immediate
131	injury in fact due to the findings, conclusions, or
132	recommendations of a final report of a state agency inspector
133	general, who are the subject of the audit or investigation, and
134	who do not have or are not currently afforded an existing right
135	to an independent review process. The term does not include
136	employees of the state, including career service, probationary,
137	other personal service, Selected Exempt Service, and Senior
138	Management Service employees;, are not covered by this
139	definition. This definition also does not cover former employees
140	of the state if the final report of the state agency inspector
141	general relates to matters arising during a former employee's
142	term of state employment; or. This definition does not apply to
143	persons who are the subject of audits or investigations
144	conducted pursuant to ss. 112.3187-112.31895 or s. 409.913 or
145	which are otherwise confidential and exempt under s. 119.07.
146	(d)  "Entities contracting with the state" means for-profit
147	and not-for-profit organizations or businesses having a legal
148	existence, such as corporations or partnerships, as opposed to
149	natural persons, which have entered into a relationship with a
150	state agency as defined in paragraph (a) to provide for
151	consideration certain goods or services for consideration to the
152	state agency or on behalf of the state agency. The relationship
153	may be evidenced by payment by warrant or purchasing card,
154	contract, purchase order, provider agreement, or other such
155	mutually agreed upon relationship. The term This definition does
156	not apply to entities that which are the subject of audits or
157	investigations conducted pursuant to ss. 112.3187-112.31895 or
158	s. 409.913 or that which are otherwise confidential and exempt
159	under s. 119.07.
160	(2)  The Office of Inspector General is hereby established
161	in each state agency to coordinate and be responsible provide a
162	central point for coordination of and responsibility for
163	activities that promote accountability, integrity, and
164	efficiency in government. It is shall be the duty and
165	responsibility of each inspector general, with respect to the
166	state agency in which the office is established, to:
167	(a)  Advise in the development of performance measures,
168	standards, and procedures for the evaluation of state agency
169	programs, including:.
170	1.(b)  Assessing Assess the reliability and validity of the
171	information provided by the state agency on performance outcomes
172	measures and standards, and making make recommendations for
173	improvement, if necessary, prior to submission of those outcomes
174	measures and standards to the Executive Office of the Governor
175	pursuant to s. 216.013 s. 216.0166(1).
176	2.(c)  Reviewing Review the actions taken by the state
177	agency to improve program performance and meet program standards
178	and making make recommendations for improvement, if necessary.
179	(b)(d)  Provide direction for, supervise, and coordinate
180	audits, investigations, and management reviews relating to the
181	programs and operations of the state agency. If, except that
182	when the inspector general does not possess the qualifications
183	specified in subsection (4), the director of auditing shall
184	conduct such audits.
185	(c)(e)  Conduct, supervise, or coordinate other activities
186	carried out or financed by that state agency for the purpose of
187	promoting economy and efficiency in the administration of, or
188	preventing and detecting fraud and abuse in, its programs and
189	operations.
190	(d)(f)  Keep the such agency head and the Chief Inspector
191	General informed concerning any fraud, abuses, or and
192	deficiencies relating to programs and operations administered or
193	financed by the state agency, recommend corrective action
194	concerning such fraud, abuses, or and deficiencies, and report
195	on the progress made in implementing corrective action. However,
196	if the inspector general has reasonable concerns that keeping
197	the agency head informed may compromise any related
198	investigation, the inspector general shall first report such
199	concerns to the Chief Inspector General who shall make a
200	determination about whether to report to the agency head. If the
201	Chief Inspector General concludes that such investigation should
202	not be reported to the agency head, the Chief Inspector General
203	shall report such determination to the Governor and Cabinet.
204	(e)(g)  Ensure effective coordination and cooperation
205	between the Auditor General, federal auditors, and other
206	governmental bodies in order to avoid with a view toward
207	avoiding duplication.
208	(f)(h)  Review, as appropriate, rules relating to the
209	programs and operations of the such state agency and make
210	recommendations concerning their impact.
211	(g)(i)  Ensure that an appropriate balance is maintained
212	between audit, investigative, and other accountability
213	activities.
214	(h)(j)  Comply with the General Principles and Standards
215	for Offices of Inspector General as published and revised by the
216	Association of Inspectors General.
217	(3)(a)  The inspector general of each state agency shall be
218	appointed by the Chief Inspector General, subject to the written
219	consent of the agency head. The inspector general shall be
220	appointed without regard to political affiliation. For agencies
221	under the direction of the Governor, the appointment shall be
222	made after notifying the Governor and the Chief Inspector
223	General in writing, at least 7 days prior to an offer of
224	employment, of the agency head's intention to hire the inspector
225	general.
226	(a)(b)  Except as provided in paragraphs (2)(d) and (6)(f),
227	each inspector general shall report to and be under the general
228	supervision of the agency head and is shall not be subject to
229	supervision by any other employee of the state agency. The
230	inspector general shall be appointed without regard to political
231	affiliation.
232	(b)(c)  An inspector general may be removed from office by
233	the Chief Inspector General, in consultation with the agency
234	head. Following consultation with the agency head For agencies
235	under the direction of the Governor, the Chief Inspector General
236	agency head shall notify the inspector general and the Governor
237	and Cabinet Governor and the Chief Inspector General, in
238	writing, of the intention to terminate the inspector general for
239	good cause shown at least 21 7 days before prior to the removal.
240	Good cause must be documented in the notification. The inspector
241	general may not be removed if an objection is made by the
242	Governor or Cabinet within the 21 days before removal. Removal
243	may be made if the objection is later rescinded. For state
244	agencies under the direction of the Governor and Cabinet, the
245	agency head shall notify the Governor and Cabinet in writing of
246	the intention to terminate the inspector general at least 7 days
247	prior to the removal.
248	(c)(d)  An The agency head or agency staff may shall not
249	prevent or prohibit the inspector general from initiating,
250	carrying out, or completing any audit or investigation.
251	(4)  The inspector general must be certified by the
252	Association of Inspectors General. To ensure that state agency
253	audits are performed in accordance with applicable auditing
254	standards, the inspector general or the director of auditing
255	within the inspector general's office must shall possess the
256	following qualifications:
257	(a)  A bachelor's degree from an accredited college or
258	university with a major in accounting, or with a major in
259	business which includes five courses in accounting, and 5 years
260	of experience as an internal auditor or independent postauditor,
261	electronic data processing auditor, accountant, or any
262	combination thereof. The experience must, shall at a minimum,
263	consist of audits of units of government or private business
264	enterprises, operating for profit or not for profit; or
265	(b)  A master's degree in accounting, business
266	administration, or public administration from an accredited
267	college or university and 4 years of experience as required in
268	paragraph (a); or
269	(c)  A certified public accountant license issued pursuant
270	to chapter 473 or a certified internal audit certificate issued
271	by the Institute of Internal Auditors or earned by examination,
272	and 4 years of experience as required in paragraph (a).
273	(5)  In carrying out the auditing duties and
274	responsibilities of this section act, each inspector general
275	shall review and evaluate internal controls necessary to ensure
276	the fiscal accountability of the state agency. The inspector
277	general shall conduct financial, compliance, electronic data
278	processing, and performance audits of the agency and prepare
279	audit reports of his or her findings. The scope and assignment
280	of the audits shall be determined by the inspector general;
281	however, the agency head may at any time direct the inspector
282	general to perform an audit of a special program, function, or
283	organizational unit. The performance of the audit shall be under
284	the direction of the inspector general, except that if the
285	inspector general does not possess the qualifications specified
286	in subsection (4), the director of auditing shall perform the
287	functions listed in this subsection.
288	(a)  Such audits shall be conducted in accordance with the
289	current International Standards for the Professional Practice of
290	Internal Auditing as published by the Institute of Internal
291	Auditors, Inc., or, where appropriate, in accordance with
292	generally accepted governmental auditing standards. All audit
293	reports issued by internal audit staff must shall include a
294	statement that the audit was conducted pursuant to the
295	appropriate standards.
296	(b)  Audit workpapers and reports are shall be public
297	records to the extent that they do not include information that
298	which has been made confidential and exempt from the provisions
299	of s. 119.07(1) pursuant to law. However, if when the inspector
300	general or a member of the staff receives a complaint or
301	information from an individual which a complaint or information
302	that falls within the definition provided in s. 112.3187(5), the
303	name or identity of the individual may shall not be disclosed to
304	anyone else without the written consent of the individual,
305	unless the inspector general determines that such disclosure is
306	unavoidable during the course of the audit or investigation.
307	(c)  The inspector general and the staff shall have access
308	to any records, data, and other information of the state agency
309	he or she deems necessary to carry out his or her duties. The
310	inspector general may is also authorized to request such
311	information or assistance as may be necessary from the state
312	agency or from any federal, state, or local government entity.
313	(d)  At the conclusion of each audit, the inspector general
314	shall submit preliminary findings and recommendations to the
315	person responsible for supervision of the program function or
316	operational unit who shall respond to any adverse findings
317	within 20 working days after receipt of the preliminary
318	findings. Such response and the inspector general's rebuttal to
319	the response shall be included in the final audit report.
320	(e)  At the conclusion of an audit in which the subject of
321	the audit is a specific entity contracting with the state or an
322	individual substantially affected, if the audit is not
323	confidential or otherwise exempt from disclosure by law, the
324	inspector general shall, consistent with s. 119.07(1), submit
325	the findings to the entity contracting with the state or the
326	individual substantially affected, who shall be advised in
327	writing that they may submit a written response within 20
328	working days after receipt of the findings. The response and the
329	inspector general's rebuttal to the response, if any, must be
330	included in the final audit report.
331	(f)  The inspector general shall submit the final report to
332	the agency head and to the Auditor General.
333	(g)  The Auditor General, in connection with the
334	independent postaudit of the same agency pursuant to s. 11.45,
335	shall give appropriate consideration to internal audit reports
336	and the resolution of findings therein. The Legislative Auditing
337	Committee may inquire into the reasons or justifications for
338	failure of the agency head to correct the deficiencies reported
339	in internal audits that are also reported by the Auditor General
340	and shall take appropriate action.
341	(h)  The inspector general shall monitor the implementation
342	of the state agency's response to any report on the state agency
343	issued by the Auditor General or by the Office of Program Policy
344	Analysis and Government Accountability. Within No later than 6
345	months after the Auditor General or the Office of Program Policy
346	Analysis and Government Accountability publishes a report on the
347	state agency, the inspector general shall provide a written
348	response to the agency head on the status of corrective actions
349	taken. The Inspector General shall file a copy of such response
350	with the Legislative Auditing Committee.
351	(i)  The inspector general shall develop long-term and
352	annual audit plans based on the findings of periodic risk
353	assessments. The plan, where appropriate, should include
354	postaudit samplings of payments and accounts. The plan shall
355	show the individual audits to be conducted during each year and
356	related resources to be devoted to the respective audits. The
357	Chief Financial Officer, to assist in fulfilling the
358	responsibilities for examining, auditing, and settling accounts,
359	claims, and demands pursuant to s. 17.03(1), and examining,
360	auditing, adjusting, and settling accounts pursuant to s. 17.04,
361	may use utilize audits performed by the inspectors general and
362	internal auditors. For state agencies under the Governor, The
363	audit plans shall be submitted to the Governor's Chief Inspector
364	General. The plan shall be submitted to the agency head for
365	approval. A copy of the approved plan shall be submitted to the
366	Auditor General.
367	(6)  In carrying out the investigative duties and
368	responsibilities specified in this section, each inspector
369	general shall initiate, conduct, supervise, and coordinate
370	investigations designed to detect, deter, prevent, and eradicate
371	fraud, waste, mismanagement, misconduct, and other abuses in
372	state government. For these purposes, each inspector general
373	shall:
374	(a)  Establish an internal procedure for receiving concerns
375	or complaints from state agency personnel and a link on the
376	state agency's website for receiving concerns or complaints from
377	clients or vendors of the agency or other members of the public.
378	(b)(a)  Receive complaints and coordinate all activities of
379	the agency as required by the Whistle-blower's Act pursuant to
380	ss. 112.3187-112.31895.
381	(c)(b)  Receive and consider the complaints that which do
382	not meet the criteria for an investigation under the Whistle-
383	blower's Act and conduct, supervise, or coordinate such
384	inquiries, investigations, or reviews as the inspector general
385	deems appropriate.
386	(d)(c)  Report expeditiously to the Department of Law
387	Enforcement or other law enforcement agencies, as appropriate,
388	whenever the inspector general has reasonable grounds to believe
389	there has been a violation of criminal law. However, the
390	inspector general for the Department of Law Enforcement may
391	consult with the Chief Inspector General before reporting
392	instances of suspected criminal acts within the Department of
393	Law Enforcement. The Chief Inspector General shall make a
394	determination of whether such investigation shall be reported to
395	the executive director of the Department of Law Enforcement. If
396	the Chief Inspector General determines that such instances
397	should not be reported to the executive director, he or she
398	shall report such determination to the Governor and Cabinet.
399	(e)(d)  Conduct investigations and other inquiries free of
400	actual or perceived impairment to the independence of the
401	inspector general or the inspector general's office. This
402	includes shall include freedom from any interference with
403	investigations and timely access to records and other sources of
404	information.
405	(f)(e)  At the conclusion of each investigation in which
406	the subject of the investigation is a specific entity
407	contracting with the state or an individual substantially
408	affected as defined by this section, and if the investigation is
409	not confidential or otherwise exempt from disclosure by law, the
410	inspector general shall, consistent with s. 119.07(1), submit
411	findings to the subject that is a specific entity contracting
412	with the state or an individual substantially affected, who
413	shall be advised in writing that they may submit a written
414	response within 20 working days after receipt of the findings.
415	Such response and the inspector general's rebuttal to the
416	response, if any, shall be included in the final investigative
417	report.
418	(g)(f)  Submit in a timely fashion final reports on
419	investigations conducted by the inspector general to the agency
420	head and the Chief Inspector General, except for whistle-
421	blower's investigations, which shall be conducted and reported
422	pursuant to s. 112.3189.
423	(7)  Each inspector general shall, by not later than
424	September 30 of each year, prepare an annual report summarizing
425	the activities of the office during the immediately preceding
426	state fiscal year. The final report shall be furnished to the
427	agency head and the Chief Inspector General. Such report shall
428	include, but need not be limited to:
429	(a)  A description of activities relating to the
430	development, assessment, and validation of performance measures.
431	(b)  A description of significant problems, abuses, and
432	deficiencies relating to the administration of programs and
433	operations of the agency disclosed by investigations, audits,
434	reviews, or other activities during the reporting period.
435	(c)  A description of the recommendations for corrective
436	action made by the inspector general during the reporting period
437	with respect to significant problems, abuses, or deficiencies
438	identified.
439	(d)  The identification of each significant recommendation
440	described in previous annual reports on which corrective action
441	has not been completed.
442	(e)  A summary of each audit and investigation completed
443	during the reporting period.
444	(8)  The inspector general in each state agency shall
445	provide to the agency head and the Chief Inspector General, upon
446	receipt, all written complaints concerning the duties and
447	responsibilities in this section, or any allegation of
448	misconduct related to the office of the inspector general or its
449	employees, if received from subjects of audits or investigations
450	who are individuals substantially affected or entities
451	contracting with the state, as defined in this section. For
452	agencies solely under the direction of the Governor, the
453	inspector general shall also provide the complaint to the Chief
454	Inspector General.
455	(9)  Each agency inspector general shall, to the extent
456	both necessary and practicable, include on his or her staff
457	individuals with electronic data processing auditing experience.
458	One or more of the investigators within the office must be a
459	sworn law enforcement officer.
460	Section 3.  Paragraph (d) of subsection (3) and subsection
461	(7) of section 112.3187, Florida Statutes, are amended to read:
462	112.3187  Adverse action against employee for disclosing
463	information of specified nature prohibited; employee remedy and
464	relief.-
465	(3)  DEFINITIONS.-As used in this act, unless otherwise
466	specified, the following words or terms shall have the meanings
467	indicated:
468	(d)  "Independent contractor" means an individual or
469	business entity a person, other than an agency, engaged in any
470	business, and who enters into a contract, including a provider
471	agreement, with an agency, or who otherwise receives public
472	funds to perform a public service.
473	(7)  EMPLOYEES AND PERSONS PROTECTED.-This section protects
474	employees and persons who disclose information on their own
475	initiative in a written and signed complaint; who are requested
476	to participate in an investigation, hearing, or other inquiry
477	conducted by any agency or federal government entity; who refuse
478	to participate in any adverse action prohibited by this section;
479	or who initiate a complaint through the whistle-blower's hotline
480	or the hotline of the Medicaid Fraud Control Unit of the
481	Department of Legal Affairs; or employees who file a any written
482	complaint to their supervisory officials or employees who submit
483	a complaint to the Chief Inspector General in the Executive
484	Office of the Governor, to the employee designated as agency
485	inspector general under s. 112.3189(1), or to the Florida
486	Commission on Human Relations. The provisions of this section
487	may not be used by a person while he or she is under the care,
488	custody, or control of the state correctional system or, after
489	release from the care, custody, or control of the state
490	correctional system, with respect to circumstances that occurred
491	during any period of incarceration. No remedy or other
492	protection under ss. 112.3187-112.31895 applies to any person
493	who has committed or intentionally participated in committing
494	the violation or suspected violation for which protection under
495	ss. 112.3187-112.31895 is being sought.
496	Section 4.  Subsection (1) is amended and subsection (12)
497	is added to section 112.3189, Florida Statutes, to read:
498	112.3189  Investigative procedures upon receipt of whistle-
499	blower information from certain state employees.-
500	(1)  This section only applies to the disclosure of
501	information as described in s. 112.3187(5) by an employee or
502	former employee of, or an applicant for employment with, a state
503	agency, as the term "state agency" is defined in s. 216.011, to
504	the Office of the Chief Inspector General of the Executive
505	Office of the Governor or to the agency inspector general. If an
506	agency does not have an inspector general, the head of the state
507	agency, as defined in s. 216.011, shall designate an employee to
508	receive such information described in s. 112.3187(5). For
509	purposes of this section and s. 112.3188 only, the employee
510	designated by the head of the state agency shall be deemed an
511	agency inspector general.
512	(12)  If the investigation under this section, or any
513	subsequent criminal action results in the recovery of state
514	funds, the employee disclosing the information may receive up to
515	15 percent of the amount recovered.
516	Section 5.  Paragraph (a) of subsection (1) and paragraph
517	(a) of subsection (3) of section 112.31895, Florida Statutes,
518	are amended to read:
519	112.31895  Investigative procedures in response to
520	prohibited personnel actions.-
521	(1)(a)  If a disclosure under s. 112.3187 includes or
522	results in alleged retaliation by an employer, the employee or
523	former employee of, or applicant for employment with, a state
524	agency, as defined in s. 216.011, which that is so affected may
525	file a complaint alleging a prohibited personnel action, which
526	complaint must be made by filing a written complaint with the
527	Office of the Chief Inspector General in the Executive Office of
528	the Governor or the Florida Commission on Human Relations
529	within, no later than 60 days after the prohibited personnel
530	action.
531	(3)  CORRECTIVE ACTION AND TERMINATION OF INVESTIGATION.-
532	(a)  The Florida Commission on Human Relations, in
533	accordance with this act and for the sole purpose of this act,
534	is empowered to:
535	1.  Receive and investigate complaints from employees
536	alleging retaliation by state agencies, as the term "state
537	agency" is defined in s. 216.011.
538	2.  Protect employees and applicants for employment with
539	such agencies from prohibited personnel practices under s.
540	112.3187.
541	3.  Petition for stays and petition for corrective actions,
542	including, but not limited to, temporary reinstatement.
543	4.  Recommend disciplinary proceedings pursuant to
544	investigation and appropriate agency rules and procedures.
545	5.  Coordinate with the Chief Inspector General in the
546	Executive Office of the Governor and the Florida Commission on
547	Human Relations to receive, review, and forward to appropriate
548	agencies, legislative entities, or the Department of Law
549	Enforcement disclosures of a violation of any law, rule, or
550	regulation, or disclosures of gross mismanagement, malfeasance,
551	misfeasance, nonfeasance, neglect of duty, or gross waste of
552	public funds.
553	6.  Review rules pertaining to personnel matters issued or
554	proposed by the Department of Management Services, the Public
555	Employees Relations Commission, and other agencies, and, if the
556	Florida Commission on Human Relations finds that any rule or
557	proposed rule, on its face or as implemented, requires the
558	commission of a prohibited personnel practice, provide a written
559	comment to the appropriate agency.
560	7.  Investigate, request assistance from other governmental
561	entities, and, if appropriate, bring actions concerning,
562	allegations of retaliation by state agencies under subparagraph
563	1.
564	8.  Administer oaths, examine witnesses, take statements,
565	issue subpoenas, order the taking of depositions, order
566	responses to written interrogatories, and make appropriate
567	motions to limit discovery, pursuant to investigations under
568	subparagraph 1.
569	9.  Intervene or otherwise participate, as a matter of
570	right, in any appeal or other proceeding arising under this
571	section before the Public Employees Relations Commission or any
572	other appropriate agency, except that the Florida Commission on
573	Human Relations must comply with the rules of the commission or
574	other agency and may not seek corrective action or intervene in
575	an appeal or other proceeding without the consent of the person
576	protected under ss. 112.3187-112.31895.
577	10.  Conduct an investigation, in the absence of an
578	allegation, to determine whether reasonable grounds exist to
579	believe that a prohibited action or a pattern of prohibited
580	action has occurred, is occurring, or is to be taken.
581	Section 6.  Subsections (1) and (2) of section 112.31901,
582	Florida Statutes, are amended to read:
583	112.31901  Investigatory records.-
584	(1)  If certified pursuant to subsection (2), an
585	investigatory record of the Chief Inspector General within the
586	Executive Office of the Governor or of the employee designated
587	by an agency head as the agency inspector general under s.
588	112.3189 is exempt from s. 119.07(1) and s. 24(a), Art. I of the
589	State Constitution until the investigation ceases to be active,
590	or a report detailing the investigation is provided to the
591	Governor or the agency head, or 60 days from the inception of
592	the investigation for which the record was made or received,
593	whichever first occurs. Investigatory records are those records
594	that are related to the investigation of an alleged, specific
595	act or omission or other wrongdoing, with respect to an
596	identifiable person or group of persons, based on information
597	compiled by the Chief Inspector General or by an agency
598	inspector general, as named under the provisions of s. 112.3189,
599	in the course of an investigation. An investigation is active if
600	it is continuing with a reasonable, good faith anticipation of
601	resolution and with reasonable dispatch.
602	(2)  The Cabinet Governor, in the case of the Chief
603	Inspector General, or agency head, in the case of an employee
604	designated as the agency inspector general under s. 112.3189,
605	may certify that such investigatory records require an exemption
606	to protect the integrity of the investigation or avoid
607	unwarranted damage to an individual's good name or reputation.
608	The certification must specify the nature and purpose of the
609	investigation and shall be kept with the exempt records and made
610	public when the records are made public.
611	Section 7.  Section 287.0565, Florida Statutes, is created
612	to read:
613	287.0565  Purchasing cards.-
614	(1)  The department shall adopt rules establishing
615	standards and procedures for state agency use of purchasing
616	cards.
617	(2)  Each agency inspector general shall conduct periodic
618	audits of the use of purchasing cards to monitor and confirm the
619	actual purchase of authorized goods and services by agency
620	employees.
621	Section 8.  Subsection (3) of section 14.2015, Florida
622	Statutes, is amended to read:
623	14.2015  Office of Tourism, Trade, and Economic
624	Development; creation; powers and duties.-
625	(3)  The Chief inspector general for the Executive Office
626	of the Governor, as described defined in s. 20.055 14.32:
627	(a)  Shall advise public-private partnerships in their
628	development, utilization, and improvement of internal control
629	measures necessary to ensure fiscal accountability.
630	(b)  May conduct, direct, and supervise audits relating to
631	the programs and operations of public-private partnerships.
632	(c)  Shall receive and investigate complaints of fraud,
633	abuses, and deficiencies relating to programs and operations of
634	public-private partnerships.
635	(d)  May request and have access to any records, data, and
636	other information of public-private partnerships which that the
637	Chief inspector general deems necessary to carry out his or her
638	responsibilities with respect to accountability.
639	(e)  Shall monitor public-private partnerships for
640	compliance with the terms and conditions of contracts with the
641	Office of Tourism, Trade, and Economic Development and report
642	noncompliance to the Governor.
643	(f)  Shall advise public-private partnerships in the
644	development, utilization, and improvement of performance
645	measures for the evaluation of their operations.
646	(g)  Shall review and make recommendations for improvements
647	in the actions taken by public-private partnerships to meet
648	performance standards.
649	Section 9.  This act shall take effect July 1, 2011.

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