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AGENCY INSPECTORS GENERAL HB 1385

AGENCY INSPECTORS GENERAL HB 1385 AN ACT REVISING PROVISIONS RELATING TO THE DUTIES, APPOINTMENT AND REMOVAL OF AGENCY INSPECTORS GENERAL June 2014. WHY HB 1385?. 19 TH STATEWIDE GRAND JURY REPORT FLORIDA TREND ARTICLE QUESTIONING IG INDEPENDENCE. Matters to Cover.

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AGENCY INSPECTORS GENERAL HB 1385

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  1. AGENCY INSPECTORS GENERAL HB 1385 AN ACT REVISING PROVISIONS RELATING TO THE DUTIES, APPOINTMENT AND REMOVAL OF AGENCY INSPECTORS GENERAL June 2014

  2. WHY HB 1385? • 19TH STATEWIDE GRAND JURY REPORT • FLORIDA TREND ARTICLE QUESTIONING IG INDEPENDENCE

  3. Matters to Cover Role of the CIG after HB 1385 IGs under the jurisdiction of the Governor Other IGs Summary of changes Changes in removal Reporting/General Supervision

  4. Appointed by the Governor. Promote accountability, integrity and efficiency. Deter, detect, prevent and eradicate fraud, waste, abuse, mismanagement and misconduct. Coordinate complaint-handling activities with agencies. Coordinate activities under the Whistle-blower’s Act. Act as liaison with outside agencies to promote accountability. Oversee and monitor the activities of Governor’s agency IGs. Conduct special investigations and management reviews at the request of the Governor. Chief Inspector General Section 14.32, Florida Statutes

  5. Agency Inspectors General • Governor and Cabinet and Cabinet agency IGs are appointed by the agency head. • Governors agency IGs appointed by the CIG. • Promote accountability, integrity and efficiency. • Deter, detect, prevent and eradicate fraud, waste, abuse, mismanagement and misconduct. • Handle complaints received in the agencies. • Conduct Whistle-blower’s investigations in the agency. • Act as liaison with outside agencies. • Conduct special investigations and management reviews at the request of the agency head. • IGs have access to any records or other information necessary and may request assistances as necessary from a state agency or from any government entity. Section 20.055, Florida Statutes

  6. Governor’s Agency IGs AHCA APD DMS DCF OEL EOG DOH DOC DEM DEO DJJ CITRUS DEP DOT DOS DOE DBPR DMA DOEA DOL FWC AST & BOG are not included on this list, but an interpretation is pending.

  7. Governor and Cabinet IGs OIR CITIZENS OFR DVA SBA DOR FDLE DHSMV

  8. Cabinet IGs Attorney General CFO DOACS

  9. Other IGs FHFC PSC Supreme Court

  10. Summary of Changes • The IG must keep the CIG informed concerning fraud, abuses, and deficiencies relating to programs and operations administered or financed by the state agency. • CIG will appoint the IGs. • The Agency Head may request the IG to perform an audit of a special program, function or organizational unit. • IGs may hire and remove staff within the OIG in consultation with the CIG, but independently of the agency.

  11. Summary of changes, cont. • The Governor, the Governor and Cabinet, the Agency Head or Agency Staff may not prevent or prohibit the IG from initiating, carrying out, or completing any audit or investigation.

  12. Summary of changes, cont. • IG shall submit final reports to the Agency Head and the CIG • Governor’s agency IGs shall monitor implementation of the state agency’s response to audits by Auditor General and OPPAGA and provide a written response to the CIG…regarding status of corrective actions. • Audit Plans are submitted to the CIG and approved by the Agency Head. • Final Audit Reports are submitted to the Agency Head AND the CIG. • Written complaints about the IG and staff shall be submitted to the Agency Head AND the CIG.

  13. Changes to Removal • IG may be removed by the CIG for cause. • Cause may include performance, malfeasance, misfeasance, misconduct, or failure to carry out the duties of the IG Act. • To remove an IG in an agency under the Governor, the CIG shall notify the Governor in writing of his or her intention to remove 21 days before the removal. • If the IG disagrees with the removal, the IG may present objections in writing to the Governor within the 21-day period.

  14. Changes to Removal, cont. • For state agencies under the Governor and Cabinet, the Agency Head shall notify the Governor and Cabinet in writing of his or her intention to remove the IG at least 21 days before removal. • If the IG disagrees with the removal, the IG may present objections in writing to the Governor within the 21-day period.

  15. Reporting/General Supervision • Under the general supervision of the agency head but reports to the CIG • Housed in the agency • Part of the agency’s budget • Timesheets approved by the agency head • Leave approved by the agency head with notification to the CIG • Performance evaluations conducted by the CIG with input from the agency head

  16. In Conclusion Role of the CIG after HB 1385 IGs under the jurisdiction of the Governor Other IGs Summary of changes Changes in removal Reporting/General Supervision

  17. Executive Office of the Governor Governor Rick Scott Melinda M. Miguel Chief Inspector General (850) 717-9264 melinda.miguel@eog.myflorida.com

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