Florida Senate - 2010                                    SB 1450
       By Senator Gelber
       35-00140-10                                           20101450__
    1                        A bill to be entitled                      
    2         An act relating to agency inspectors general; amending
    3         s. 20.055, F.S.; updating a cross-reference; requiring
    4         the agency inspector general to keep the Auditor
    5         General informed of any agency fraud, abuses, or
    6         deficiencies; providing that the agency inspector
    7         general be appointed by, under the general supervision
    8         of, and removable by the Auditor General; requiring
    9         that the agency inspector general provide to the
   10         Auditor General final reports on investigations, an
   11         annual report, and certain written complaints;
   12         providing an effective date.
   14  Be It Enacted by the Legislature of the State of Florida:
   16         Section 1. Paragraphs (b) and (f) of subsection (2),
   17  subsection (3), paragraph (f) of subsection (6), and subsections
   18  (7) and (8) of section 20.055, Florida Statutes, are amended to
   19  read:
   20         20.055 Agency inspectors general.—
   21         (2) The Office of Inspector General is hereby established
   22  in each state agency to provide a central point for coordination
   23  of and responsibility for activities that promote
   24  accountability, integrity, and efficiency in government. It
   25  shall be the duty and responsibility of each inspector general,
   26  with respect to the state agency in which the office is
   27  established, to:
   28         (b) Assess the reliability and validity of the information
   29  provided by the state agency on performance outcomes measures
   30  and standards, and make recommendations for improvement, if
   31  necessary, prior to submission of those outcomes measures and
   32  standards to the Executive Office of the Governor pursuant to s.
   33  216.013 s. 216.0166(1).
   34         (f) Keep the such agency head and the Auditor General
   35  informed concerning any fraud, abuses, or and deficiencies
   36  relating to programs and operations administered or financed by
   37  the state agency, recommend corrective action concerning such
   38  fraud, abuses, and deficiencies, and report on the progress made
   39  in implementing corrective action.
   40         (3)(a) The inspector general of each state agency shall be
   41  appointed by the Auditor General but shall be located at the
   42  respective state agency head. For agencies under the direction
   43  of the Governor, the appointment shall be made after notifying
   44  the Governor and the Chief Inspector General in writing, at
   45  least 7 days prior to an offer of employment, of the agency
   46  head’s intention to hire the inspector general.
   47         (a)(b) Each inspector general shall report to and be under
   48  the general supervision of the Auditor General agency head and
   49  shall not be subject to supervision by any other employee of the
   50  state agency. The inspector general shall be appointed without
   51  regard to political affiliation.
   52         (b)(c) An inspector general may be removed from office by
   53  the Auditor General agency head. For agencies under the
   54  direction of the Governor, the agency head shall notify the
   55  Governor and the Chief Inspector General, in writing, of the
   56  intention to terminate the inspector general at least 7 days
   57  prior to the removal. For state agencies under the direction of
   58  the Governor and Cabinet, the agency head shall notify the
   59  Governor and Cabinet in writing of the intention to terminate
   60  the inspector general at least 7 days prior to the removal.
   61         (c)(d)An The agency head or agency staff may shall not
   62  prevent or prohibit the inspector general from initiating,
   63  carrying out, or completing any audit or investigation.
   64         (6) In carrying out the investigative duties and
   65  responsibilities specified in this section, each inspector
   66  general shall initiate, conduct, supervise, and coordinate
   67  investigations designed to detect, deter, prevent, and eradicate
   68  fraud, waste, mismanagement, misconduct, and other abuses in
   69  state government. For these purposes, each inspector general
   70  shall:
   71         (f) Submit in a timely fashion final reports on
   72  investigations conducted by the inspector general to the agency
   73  head and the Auditor General, except for whistle-blower’s
   74  investigations, which shall be conducted and reported pursuant
   75  to s. 112.3189.
   76         (7) Each inspector general shall, by not later than
   77  September 30 of each year, prepare an annual report summarizing
   78  the activities of the office during the immediately preceding
   79  state fiscal year. The final report shall be furnished to the
   80  agency head and the Auditor General. Such report shall include,
   81  but need not be limited to:
   82         (a) A description of activities relating to the
   83  development, assessment, and validation of performance measures.
   84         (b) A description of significant problems, abuses, and
   85  deficiencies relating to the administration of programs and
   86  operations of the agency disclosed by investigations, audits,
   87  reviews, or other activities during the reporting period.
   88         (c) A description of the recommendations for corrective
   89  action made by the inspector general during the reporting period
   90  with respect to significant problems, abuses, or deficiencies
   91  identified.
   92         (d) The identification of each significant recommendation
   93  described in previous annual reports on which corrective action
   94  has not been completed.
   95         (e) A summary of each audit and investigation completed
   96  during the reporting period.
   97         (8) The inspector general in each state agency shall
   98  provide to the agency head and the Auditor General, upon
   99  receipt, all written complaints concerning the duties and
  100  responsibilities in this section, or any allegation of
  101  misconduct related to the office of the inspector general or its
  102  employees, if received from subjects of audits or investigations
  103  who are individuals substantially affected or entities
  104  contracting with the state, as defined in this section. For
  105  agencies solely under the direction of the Governor, the
  106  inspector general shall also provide the complaint to the Chief
  107  Inspector General.
  108         Section 2. This act shall take effect July 1, 2010.

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