November 18, 2019
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       Florida Senate - 2010                             CS for SB 1450
       
       
       
       By the Committee on Governmental Oversight and Accountability;
       and Senator Gelber
       
       
       
       585-03057-10                                          20101450c1
    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         agency inspectors general to be confirmed by the
    5         Senate; requiring the agency inspector general to keep
    6         the Auditor General informed of any agency fraud,
    7         abuses, or deficiencies; revising the procedures for
    8         removing an inspector general; requiring that the
    9         agency inspector general provide to the Auditor
   10         General final reports on investigations, an annual
   11         report, and certain written complaints; providing an
   12         effective date.
   13  
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   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 agency head and confirmed by the Senate. For
   42  agencies under the direction of the Governor, the appointment
   43  shall be made after notifying the Governor and the Chief
   44  Inspector General in writing, at least 7 days before prior to an
   45  offer of employment, of the agency head’s intention to hire the
   46  inspector general.
   47         (a)(b) Each inspector general shall report to and be under
   48  the general supervision of the agency head and is shall not be
   49  subject to supervision by any other employee of the state
   50  agency. The inspector general shall be appointed without regard
   51  to political affiliation.
   52         (b)(c) An inspector general may be removed from office by
   53  the agency head. For agencies under the direction of the
   54  Governor, the agency head shall notify the Governor and the
   55  Chief Inspector General, in writing, of the intention to
   56  terminate the inspector general for good cause shown at least 21
   57  7 days before prior to the removal. For state agencies under the
   58  direction of the Governor and Cabinet, the agency head shall
   59  notify the Governor and Cabinet in writing of the intention to
   60  terminate the inspector general for good cause shown at least 21
   61  7 days before prior to the removal. Good cause must be
   62  documented in the notification. The inspector general may not be
   63  removed if an objection is made by the Governor or Governor and
   64  Cabinet, as appropriate, within the 21 days before removal.
   65  Removal may be made if the objection is later rescinded.
   66         (c)(d)An The agency head or agency staff may shall not
   67  prevent or prohibit the inspector general from initiating,
   68  carrying out, or completing any audit or investigation.
   69         (6) In carrying out the investigative duties and
   70  responsibilities specified in this section, each inspector
   71  general shall initiate, conduct, supervise, and coordinate
   72  investigations designed to detect, deter, prevent, and eradicate
   73  fraud, waste, mismanagement, misconduct, and other abuses in
   74  state government. For these purposes, each inspector general
   75  shall:
   76         (f) Submit in a timely fashion final reports on
   77  investigations conducted by the inspector general to the agency
   78  head and the Auditor General, except for whistle-blower’s
   79  investigations, which shall be conducted and reported pursuant
   80  to s. 112.3189.
   81         (7) Each inspector general shall, by not later than
   82  September 30 of each year, prepare an annual report summarizing
   83  the activities of the office during the immediately preceding
   84  state fiscal year. The final report shall be furnished to the
   85  agency head and the Auditor General. Such report shall include,
   86  but need not be limited to:
   87         (a) A description of activities relating to the
   88  development, assessment, and validation of performance measures.
   89         (b) A description of significant problems, abuses, and
   90  deficiencies relating to the administration of programs and
   91  operations of the agency disclosed by investigations, audits,
   92  reviews, or other activities during the reporting period.
   93         (c) A description of the recommendations for corrective
   94  action made by the inspector general during the reporting period
   95  with respect to significant problems, abuses, or deficiencies
   96  identified.
   97         (d) The identification of each significant recommendation
   98  described in previous annual reports on which corrective action
   99  has not been completed.
  100         (e) A summary of each audit and investigation completed
  101  during the reporting period.
  102         (8) The inspector general in each state agency shall
  103  provide to the agency head and the Auditor General, upon
  104  receipt, all written complaints concerning the duties and
  105  responsibilities in this section, or any allegation of
  106  misconduct related to the office of the inspector general or its
  107  employees, if received from subjects of audits or investigations
  108  who are individuals substantially affected or entities
  109  contracting with the state, as defined in this section. For
  110  agencies solely under the direction of the Governor, the
  111  inspector general shall also provide the complaint to the Chief
  112  Inspector General.
  113         Section 2. This act shall take effect July 1, 2010.

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