Florida 2022 Regular Session

Florida House Bill H1541 Compare Versions

Only one version of the bill is available at this time.

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3	3	HB 1541 2022
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7	7	CODING: Words stricken are deletions; words underlined are additions.
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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14	14	A bill to be entitled 1
15	15	An act relating to governmental accountability; 2
16	16	amending s. 11.45, F.S.; revising definitions; 3
17	17	providing and revising reporting duties of the Auditor 4
18	18	General; amending s. 14.32, F.S.; providing 5
19	19	definitions; providing investigative duties to the 6
20	20	Chief Inspector General and agency inspectors general; 7
21	21	requiring such inspectors general to provide reports 8
22	22	to the Joint Legislative Audit Committee and the Chief 9
23	23	Financial Officer within a specified time under 10
24	24	certain circumstances; providing liability for certain 11
25	25	persons in certain circumstances; authorizing such 12
26	26	person to demand a hearing under chapter 120; 13
27	27	providing requirements for a final order; providing 14
28	28	for an agency to recover funds that were diverted or 15
29	29	lost through a demand for recovery or a settlement; 16
30	30	requiring the Chief Financial Officer to bring a civil 17
31	31	action within a specified time under certain 18
32	32	circumstances; amending s. 17.04, F.S.; authorizing 19
33	33	the Chief Financial Officer to commence an 20
34	34	investigation based on certain complaints or 21
35	35	referrals; authorizing certain persons to report 22
36	36	certain information to the Chief Financial Officer; 23
37	37	amending s. 17.325, F.S.; requiring certain records be 24
38	38	sent to the Legislative Auditing Committee within a 25
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40	40	HB 1541 2022
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47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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49	49
50	50
51	51	certain timeframe; amending s. 20.055, F.S.; requiring 26
52	52	agency inspectors general to make certain 27
53	53	determinations and reports; amending s. 110.1245, 28
54	54	F.S.; providing requirements for awards given to 29
55	55	employees who report under the Whistle -blower's Act; 30
56	56	providing that such awards are not bonuses and do not 31
57	57	have to be approved by the Legislative Budget 32
58	58	Commission; authorizing expenditures for such awards 33
59	59	from certain funds; authorizing an award to be shared 34
60	60	in proportion under certain circumstances; providing 35
61	61	the amounts of such awards; authorizing an employee 36
62	62	eligible for an award to maintain his or her 37
63	63	confidentiality; amending ss. 112.3187, 112.3188, 38
64	64	112.3189, and 112.31895, F.S.; conforming provisions 39
65	65	to changes made by the act; amending s. 287.057, F.S.; 40
66	66	revising provisions relating to contractual services 41
67	67	and commodities that are not subject to competitive -42
68	68	solicitation requirements; prohibiting certain 43
69	69	employees from participating in the negotiation or 44
70	70	award of certain state contracts; creating s. 45
71	71	288.00001, F.S.; prohibiting tax incentives from being 46
72	72	awarded or paid to a st ate contractor or 47
73	73	subcontractor; amending s. 1001.20, F.S.; requiring 48
74	74	the Office of Inspector General of the Department of 49
75	75	Education to conduct investigations relating to waste, 50
76	76
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84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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86	86
87	87
88	88	fraud, abuse, or financial mismanagement against a 51
89	89	district school board, the Florida School for the Deaf 52
90	90	and the Blind, or a Florida College System 53
91	91	institution; providing an effective date. 54
92	92	55
93	93	Be It Enacted by the Legislature of the State of Florida: 56
94	94	57
95	95	Section 1. Paragraphs (a) and (e) of subsection (1), 58
96	96	paragraph (f) of subse ction (2), and paragraph (j) of subsection 59
97	97	(7) of section 11.45, Florida Statutes, are amended to read: 60
98	98	11.45 Definitions; duties; authorities; reports; rules. — 61
99	99	(1) DEFINITIONS.—As used in ss. 11.40 -11.51, the term: 62
100	100	(a) "Abuse" means behavior that is deficient or improper 63
101	101	when compared with behavior that a prudent person would consider 64
102	102	a reasonable and necessary operational practice given the facts 65
103	103	and circumstances. The term includes the misuse of authority or 66
104	104	position for personal gain or for benefit of another. 67
105	105	(e) "Fraud" means obtaining something of value through 68
106	106	willful misrepresentation, including, but not limited to, 69
107	107	intentional misstatements or intentional omissions of amounts or 70
108	108	disclosures in financial statements to deceive users of 71
109	109	financial statements, theft of an entity's assets, bribery, or 72
110	110	the use of one's position for personal enrichment through the 73
111	111	deliberate misuse or misapplication of an entity's 74
112	112	organization's resources. 75
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121	121	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125	125	(2) DUTIES.—The Auditor General shall: 76
126	126	(f) At least every 3 years, conduct operational audits of 77
127	127	the accounts and records of state agencies, state universities, 78
128	128	Florida College System institutions state colleges, district 79
129	129	school boards, the Florida Clerks of Court Operations 80
130	130	Corporation, water management distri cts, and the Florida School 81
131	131	for the Deaf and the Blind. At the end of each 3 -year cycle, the 82
132	132	Auditor General shall publish a report consolidating common 83
133	133	operational audit findings for all state agencies, state 84
134	134	universities, Florida College System instituti ons, and district 85
135	135	school boards. 86
136	136	87
137	137	The Auditor General shall perform his or her duties 88
138	138	independently but under the general policies established by the 89
139	139	Legislative Auditing Committee. This subsection does not limit 90
140	140	the Auditor General's discretionary authori ty to conduct other 91
141	141	audits or engagements of governmental entities as authorized in 92
142	142	subsection (3). 93
143	143	(7) AUDITOR GENERAL REPORTING REQUIREMENTS. — 94
144	144	(j) The Auditor General shall notify the Legislative 95
145	145	Auditing Committee of any financial or operational aud it report 96
146	146	prepared pursuant to this section which indicates that a 97
147	147	district school board, state university, or Florida College 98
148	148	System institution has failed to take full corrective action in 99
149	149	response to a recommendation that was included in the two 100
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158	158	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
159	159
160	160
161	161
162	162	preceding financial or operational audit reports or the last 101
163	163	preceding operational audit report . 102
164	164	1. The committee may direct the district school board or 103
165	165	the governing body of the state university or Florida College 104
166	166	System institution to provide a written state ment to the 105
167	167	committee explaining why full corrective action has not been 106
168	168	taken or, if the governing body intends to take full corrective 107
169	169	action, describing the corrective action to be taken and when it 108
170	170	will occur. 109
171	171	2. If the committee determines that the written statement 110
172	172	is not sufficient, the committee may require the chair of the 111
173	173	district school board or the chair of the governing body of the 112
174	174	state university or Florida College System institution, or the 113
175	175	chair's designee, to appear before the committee. 114
176	176	3. If the committee determines that the district school 115
177	177	board, state university, or Florida College System institution 116
178	178	has failed to take full corrective action for which there is no 117
179	179	justifiable reason or has failed to comply with committee 118
180	180	requests made pursuant to this section, the committee shall 119
181	181	refer the matter to the State Board of Education or the Board of 120
182	182	Governors, as appropriate, to proceed in accordance with s. 121
183	183	1008.32 or s. 1008.322, respectively. 122
184	184	Section 2. Subsections (1) through (5) of section 14.32, 123
185	185	Florida Statutes, are renumbered as subsections (2) through (6), 124
186	186	respectively, and new subsections (1) and (7) are added to that 125
187	187
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195	195	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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197	197
198	198
199	199	section, to read: 126
200	200	14.32 Office of Chief Inspector General. — 127
201	201	(1) As used in this section, the term: 128
202	202	(a) "Abuse" means behavior that is deficient or improper 129
203	203	when compared with behavior that a prudent person would consider 130
204	204	a reasonable and necessary operational practice given the facts 131
205	205	and circumstances. The term includes the misuse of authority or 132
206	206	position for private gain or for the benefit of another. 133
207	207	(b) "Fraud" means obtaining something of value through 134
208	208	willful misrepresentation, including, but not limited to, the 135
209	209	intentional misstatements or intentional omissions of amounts or 136
210	210	disclosures in financial statements to deceive users of 137
211	211	financial statements, theft of an entity's assets, bribery, or 138
212	212	the use of one's position for personal enrichment through the 139
213	213	deliberate misuse or misapplication of an entity's resources. 140
214	214	(c) "Independent contractor" has th e same meaning as in s. 141
215	215	112.3187(3)(d). 142
216	216	(d) "Misconduct" means conduct that, though not illegal, 143
217	217	is inappropriate for a person in his or her specified position. 144
218	218	(e) "Waste" means the act of using or expending resources 145
219	219	unreasonably, carelessly, extrava gantly, or for no useful 146
220	220	purpose. 147
221	221	(7)(a) Within 6 months after the initiation of an 148
222	222	investigation of fraud, waste, abuse, mismanagement, or 149
223	223	misconduct in government, the Chief Inspector General or an 150
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232	232	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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234	234
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236	236	agency inspector general must determine whether there is 151
237	237	reasonable probability that fraud, waste, abuse, mismanagement, 152
238	238	or misconduct in government has occurred. If there is no 153
239	239	determination of such reasonable probability and the 154
240	240	investigation continues, a new determination must be made every 155
241	241	3 months until the investigation is closed or such reasonable 156
242	242	probability is found to exist. 157
243	243	(b) If the Chief Inspector General or an agency inspector 158
244	244	general determines that there is reasonable probability that a 159
245	245	public official, independent contractor, or agency has committed 160
246	246	fraud, waste, abuse, mismanagement, or misconduct in government, 161
247	247	the inspector general shall report such determination to the 162
248	248	Legislative Auditing Committee. 163
249	249	(c) If the findings of an investigation conducted pursuant 164
250	250	to this subsection conclude that a public official, independent 165
251	251	contractor, or agency has committed fraud, waste, abuse, 166
252	252	mismanagement, or misconduct in government, the Chief Inspector 167
253	253	General or agency inspector general shall report such findings, 168
254	254	including the specific value of an y loss resulting from the 169
255	255	fraud, waste, abuse, mismanagement, or misconduct, to the Chief 170
256	256	Financial Officer within 30 days after the investigation is 171
257	257	closed. A copy of the findings of the investigation must be 172
258	258	provided to the public official, independent c ontractor, or 173
259	259	person within the agency responsible for the fraud, waste, 174
260	260	abuse, mismanagement, or misconduct along with a notice of 175
261	261
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269	269	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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271	271
272	272
273	273	liability. Such public official, independent contractor, or 176
274	274	person responsible within the agency is personally liable for 177
275	275	repayment of the funds that were diverted or lost as a result of 178
276	276	the fraud, waste, abuse, mismanagement, or misconduct in 179
277	277	government. The public official, independent contractor, or 180
278	278	person within the agency may challenge the notice of liability 181
279	279	by demanding a hearing under chapter 120 within 30 days after 182
280	280	receiving the notice of liability. A final order must be issued 183
281	281	determining the liability of the person and the amount that he 184
282	282	or she is liable for, if any, based on substantial evidence. 185
283	283	After the entry of a final order, the agency whose funds were 186
284	284	diverted or lost by the fraud, waste, abuse, mismanagement, or 187
285	285	misconduct must make a demand for recovery in the amount 188
286	286	specified in the final order. The agency may settle the claim 189
287	287	with the public official, indep endent contractor, or person 190
288	288	within the agency responsible if doing so is in the best 191
289	289	interests of the state. If the person liable fails to repay such 192
290	290	funds voluntarily and the agency does not agree to a settlement, 193
291	291	the Chief Financial Officer must bring a civil action to recover 194
292	292	the funds within 60 days after the notice of liability is 195
293	293	delivered or the final order is entered, whichever is later. 196
294	294	Section 3. Section 17.04, Florida Statutes, is amended to 197
295	295	read: 198
296	296	17.04 To audit and adjust accounts of offi cers and those 199
297	297	indebted to the state. —The Chief Financial Officer, using 200
298	298
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306	306	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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308	308
309	309
310	310	generally accepted auditing procedures for testing or sampling, 201
311	311	shall examine, audit, adjust, and settle the accounts of all the 202
312	312	officers of the this state, and any other person in an ywise 203
313	313	entrusted with, or who may have received any property, funds, or 204
314	314	moneys of the this state, or who may be in anywise indebted or 205
315	315	accountable to the this state for any property, funds, or 206
316	316	moneys, and require such officer or persons to render full 207
317	317	accounts thereof, and to yield up such property or funds 208
318	318	according to law, or pay such moneys into the treasury of the 209
319	319	this state, or to such officer or agent of the state as may be 210
320	320	appointed to receive the same, and on failure so to do, to cause 211
321	321	to be instituted and prosecuted proceedings, criminal or civil, 212
322	322	at law or in equity, against such persons, according to law. The 213
323	323	Chief Financial Officer may conduct investigations within or 214
324	324	outside of the this state as it deems necessary to aid in the 215
325	325	enforcement of this section. The Chief Financial Officer may 216
326	326	commence an investigation under this section based on a 217
327	327	complaint or referral from any source. An employee of a state 218
328	328	agency or an independent contractor, as defined in s. 14.32(1), 219
329	329	who has knowledge of suspected misuse of state funds may report 220
330	330	such information to the Chief Financial Officer. If during an 221
331	331	investigation the Chief Financial Officer has reason to believe 222
332	332	that any criminal statute of the this state has or may have been 223
333	333	violated, the Chief Financial Of ficer shall refer any records 224
334	334	tending to show such violation to state or federal law 225
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343	343	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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347	347	enforcement or prosecutorial agencies and shall provide 226
348	348	investigative assistance to those agencies as required. 227
349	349	Section 4. Subsections (4) and (5) of section 17.325, 228
350	350	Florida Statutes, are renumbered as subsections (5) and (6), 229
351	351	respectively, and a new subsection (4) is added to that section, 230
352	352	to read: 231
353	353	17.325 Governmental efficiency hotline; duties of Chief 232
354	354	Financial Officer.— 233
355	355	(4) A copy of each suggestion or item of i nformation 234
356	356	received through the hotline that is logged pursuant to this 235
357	357	section must be reported to the Legislative Auditing Committee 236
358	358	by the 15th of the month after receipt of the suggestion or item 237
359	359	of information. 238
360	360	Section 5. Paragraph (g) is added to subsection (7) of 239
361	361	section 20.055, Florida Statutes, to read: 240
362	362	20.055 Agency inspectors general. — 241
363	363	(7) In carrying out the investigative duties and 242
364	364	responsibilities specified in this section, each inspector 243
365	365	general shall initiate, conduct, supervise, and coordinate 244
366	366	investigations designed to detect, deter, prevent, and eradicate 245
367	367	fraud, waste, mismanagement, misconduct, and other abuses in 246
368	368	state government. For these purposes, each inspector general 247
369	369	shall: 248
370	370	(g) Make determinations and reports as required under s. 249
371	371	14.32(7). 250
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380	380	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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384	384	Section 6. Paragraphs (a) and (b) of subsection (1) and 251
385	385	subsection (2) of section 110.1245, Florida Statutes, are 252
386	386	amended, and subsections (6) and (7) are added to that section, 253
387	387	to read: 254
388	388	110.1245 Savings sharing program; bonus paym ents; other 255
389	389	awards.— 256
390	390	(1)(a) The Department of Management Services shall adopt 257
391	391	rules that prescribe procedures and promote a savings sharing 258
392	392	program for an individual or group of employees , including 259
393	393	employees reporting under the Whistle -blower's Act pursuant to 260
394	394	s. 112.3187, who propose procedures or ideas that are adopted 261
395	395	and that result in eliminating or reducing state expenditures, 262
396	396	if such proposals are placed in effect and may be implemented 263
397	397	under current statutory authority. 264
398	398	(b) Each agency head sha ll recommend employees 265
399	399	individually or by group to be awarded an amount of money, which 266
400	400	amount shall be directly related to the cost savings realized. 267
401	401	Each proposed award and amount of money must be approved by the 268
402	402	Legislative Budget Commission , except an award under subsection 269
403	403	(6). 270
404	404	(2) In June of each year, bonuses shall be paid to 271
405	405	employees from funds authorized by the Legislature in an 272
406	406	appropriation specifically for bonuses. For purposes of this 273
407	407	subsection, awards issued under subsection (6) are not 274
408	408	considered bonuses. Each agency shall develop a plan for 275
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417	417	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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421	421	awarding lump-sum bonuses, which plan shall be submitted no 276
422	422	later than September 15 of each year and approved by the Office 277
423	423	of Policy and Budget in the Executive Office of the Governor. 278
424	424	Such plan shall include, at a minimum, but is not limited to: 279
425	425	(a) A statement that bonuses are subject to specific 280
426	426	appropriation by the Legislature. 281
427	427	(b) Eligibility criteria as follows: 282
428	428	1. The employee must have been employed before prior to 283
429	429	July 1 of that fiscal year and have been continuously employed 284
430	430	through the date of distribution. 285
431	431	2. The employee must not have been on leave without pay 286
432	432	consecutively for more than 6 months during the fiscal year. 287
433	433	3. The employee must have had no sustained disciplinary 288
434	434	action during the period beginning July 1 through the date the 289
435	435	bonus checks are distributed. Disciplinary actions include 290
436	436	written reprimands, suspensions, dismissals, and involuntary or 291
437	437	voluntary demotions that were associated with a disciplinary 292
438	438	action. 293
439	439	4. The employee must have demonstrated a commitment to the 294
440	440	agency mission by reducing the burden on those served, 295
441	441	continually improving the way business is conducted, producing 296
442	442	results in the form of increased outputs, and working t o improve 297
443	443	processes. 298
444	444	5. The employee must have demonstrated initiative in work 299
445	445	and have exceeded normal job expectations. 300
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454	454	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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458	458	6. The employee must have modeled the way for others by 301
459	459	displaying agency values of fairness, cooperation, respect, 302
460	460	commitment, honesty, excellence, and teamwork. 303
461	461	(c) A periodic evaluation process of the employee's 304
462	462	performance. 305
463	463	(d) A process for peer input that is fair, respectful of 306
464	464	employees, and affects the outcome of the bonus distribution. 307
465	465	(e) A division of the agency by w ork unit for purposes of 308
466	466	peer input and bonus distribution. 309
467	467	(f) A limitation on bonus distributions equal to 35 310
468	468	percent of the agency's total authorized positions. This 311
469	469	requirement may be waived by the Office of Policy and Budget in 312
470	470	the Executive Office of the Governor upon a showing of 313
471	471	exceptional circumstances. 314
472	472	(6) Each agency inspector general shall report employees 315
473	473	who submit a report under the Whistle -blower's Act that results 316
474	474	in savings or recovery of public funds in excess of $1,000 to 317
475	475	the agency head. Awards shall be awarded by each agency to the 318
476	476	employee who made the report and each agency head is authorized 319
477	477	to incur expenditures to provide such awards. The award must be 320
478	478	paid from the specific appropriation or trust fund from which 321
479	479	the savings or recovery resulted. The agency inspector general 322
480	480	to whom the report was made or referred shall certify the 323
481	481	savings or recovery resulting from the investigation. If more 324
482	482	than one employee makes a relevant report, the award shall be 325
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491	491	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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495	495	shared in proportion to each employee's contribution to the 326
496	496	investigation as certified by the agency inspector general. 327
497	497	Awards shall be made in the following amounts: 328
498	498	(a) A career service employee shall receive 10 percent of 329
499	499	the savings or recovery certified, but not less than $500 and 330
500	500	not more than a total of $50,000 for whistle -blower reports in 331
501	501	any 1 year. If the employee had any fault for the misspending or 332
502	502	attempted misspending of public funds identified in the 333
503	503	investigation that resulted in the savings or recovery, the 334
504	504	award may be denied at the discretion of the agency head. If the 335
505	505	award is not denied by the agency head, the award may not exceed 336
506	506	$500. The agency inspector general shall certify any fault on 337
507	507	the part of the employee. 338
508	508	(b) A Senior Management Service employe e or employee in a 339
509	509	select exempt position shall receive 5 percent of the savings or 340
510	510	recovery certified, but not more than a total of $1,000 for 341
511	511	whistle-blower reports in any 1 year. An employee may not 342
512	512	receive an award under this paragraph if he or she had any fault 343
513	513	for the misspending or attempted misspending of public funds 344
514	514	identified in the investigation that resulted in the savings or 345
515	515	recovery. The agency inspector general shall certify any fault 346
516	516	on the part of the employee. 347
517	517	(7) Notwithstanding any ot her law, an employee whose name 348
518	518	or identity is confidential or exempt from disclosure under 349
519	519	state or federal law may participate in the savings sharing 350
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525	525	CODING: Words stricken are deletions; words underlined are additions.
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528	528	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
529	529
530	530
531	531
532	532	program under this section. However, to maintain 351
533	533	confidentiality, upon notice of eligibility for an awar d, the 352
534	534	employee may designate an authorized agent, trustee, or 353
535	535	custodian to accept the award on behalf of the employee. 354
536	536	Section 7. Subsection (2) and paragraph (b) of subsection 355
537	537	(5) of section 112.3187, Florida Statutes, are amended to read: 356
538	538	112.3187 Adverse action against employee for disclosing 357
539	539	information of specified nature prohibited; employee remedy and 358
540	540	relief.— 359
541	541	(2) LEGISLATIVE INTENT. —It is the intent of the 360
542	542	Legislature to prevent agencies or independent contractors from 361
543	543	taking retaliatory ac tion against an employee who reports to an 362
544	544	appropriate agency violations of law on the part of a public 363
545	545	employer or independent contractor that create a substantial and 364
546	546	specific danger to the public's health, safety, or welfare. It 365
547	547	is further the intent of the Legislature to prevent agencies or 366
548	548	independent contractors from taking retaliatory action against 367
549	549	any person who discloses information to an appropriate agency 368
550	550	alleging improper use of governmental office, gross waste of 369
551	551	funds, or any other abuse or gross neglect of duty on the part 370
552	552	of an agency, public officer, or employee. 371
553	553	(5) NATURE OF INFORMATION DISCLOSED. —The information 372
554	554	disclosed under this section must include: 373
555	555	(b) Any act or suspected act of gross mismanagement, 374
556	556	malfeasance, misfeasance, gross waste of public funds, suspected 375
557	557
558	558	HB 1541 2022
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560	560
561	561
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565	565	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
566	566
567	567
568	568
569	569	or actual Medicaid fraud or abuse, or gross neglect of duty 376
570	570	committed by an employee or agent of an agency or independent 377
571	571	contractor. 378
572	572	Section 8. Paragraph (b) of subsection (1) of section 379
573	573	112.3188, Florida Statutes , is amended to read: 380
574	574	112.3188 Confidentiality of information given to the Chief 381
575	575	Inspector General, internal auditors, inspectors general, local 382
576	576	chief executive officers, or other appropriate local officials. — 383
577	577	(1) The name or identity of any individual who discloses 384
578	578	in good faith to the Chief Inspector General or an agency 385
579	579	inspector general, a local chief executive officer, or other 386
580	580	appropriate local official information that alleges that an 387
581	581	employee or agent of an agency or independent contractor: 388
582	582	(b) Has committed an act of gross mismanagement, 389
583	583	malfeasance, misfeasance, gross waste of public funds, or gross 390
584	584	neglect of duty 391
585	585	392
586	586	may not be disclosed to anyone other than a member of the Chief 393
587	587	Inspector General's, agency inspector general's, internal 394
588	588	auditor's, local chief executive officer's, or other appropriate 395
589	589	local official's staff without the written consent of the 396
590	590	individual, unless the Chief Inspector General, internal 397
591	591	auditor, agency inspector general, local chief executive 398
592	592	officer, or other appropr iate local official determines that: 399
593	593	the disclosure of the individual's identity is necessary to 400
594	594
595	595	HB 1541 2022
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597	597
598	598
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602	602	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
603	603
604	604
605	605
606	606	prevent a substantial and specific danger to the public's 401
607	607	health, safety, or welfare or to prevent the imminent commission 402
608	608	of a crime; or the disclosure is una voidable and absolutely 403
609	609	necessary during the course of the audit, evaluation, or 404
610	610	investigation. 405
611	611	Section 9. Paragraph (c) of subsection (3), subsection 406
612	612	(4), and paragraph (a) of subsection (5) of section 112.3189, 407
613	613	Florida Statutes, are amended to read: 408
614	614	112.3189 Investigative procedures upon receipt of whistle -409
615	615	blower information from certain state employees. — 410
616	616	(3) When a person alleges information described in s. 411
617	617	112.3187(5), the Chief Inspector General or agency inspector 412
618	618	general actually receiving su ch information shall within 20 days 413
619	619	of receiving such information determine: 414
620	620	(c) Whether the information actually disclosed 415
621	621	demonstrates reasonable cause to suspect that an employee or 416
622	622	agent of an agency or independent contractor has violated any 417
623	623	federal, state, or local law, rule, or regulation, thereby 418
624	624	creating and presenting a substantial and specific danger to the 419
625	625	public's health, safety, or welfare, or has committed an act of 420
626	626	gross mismanagement, malfeasance, misfeasance, gross waste of 421
627	627	public funds, or gross neglect of duty. 422
628	628	(4) If the Chief Inspector General or agency inspector 423
629	629	general under subsection (3) determines that the information 424
630	630	disclosed is not the type of information described in s. 425
631	631
632	632	HB 1541 2022
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634	634
635	635
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639	639	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
640	640
641	641
642	642
643	643	112.3187(5), or that the source of the information is not a 426
644	644	person who is an employee or former employee of, or an applicant 427
645	645	for employment with, a state agency, as defined in s. 216.011, 428
646	646	or that the information disclosed does not demonstrate 429
647	647	reasonable cause to suspect that an employee or agent of an 430
648	648	agency or independent contractor has violated any federal, 431
649	649	state, or local law, rule, or regulation, thereby creating and 432
650	650	presenting a substantial and specific danger to the public's 433
651	651	health, safety, or welfare, or has committed an act of gross 434
652	652	mismanagement, malfeasance, misfeasance, gross waste of public 435
653	653	funds, or gross neglect of duty, the Chief Inspector General or 436
654	654	agency inspector general shall notify the complainant of such 437
655	655	fact and copy and return, upon request of the complainant, any 438
656	656	documents and other mat erials that were provided by the 439
657	657	complainant. 440
658	658	(5)(a) If the Chief Inspector General or agency inspector 441
659	659	general under subsection (3) determines that the information 442
660	660	disclosed is the type of information described in s. 443
661	661	112.3187(5), that the source of the information is from a person 444
662	662	who is an employee or former employee of, or an applicant for 445
663	663	employment with, a state agency, as defined in s. 216.011, and 446
664	664	that the information disclosed demonstrates reasonable cause to 447
665	665	suspect that an employee or agent of an agency or independent 448
666	666	contractor has violated any federal, state, or local law, rule, 449
667	667	or regulation, thereby creating a substantial and specific 450
668	668
669	669	HB 1541 2022
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671	671
672	672
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676	676	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
677	677
678	678
679	679
680	680	danger to the public's health, safety, or welfare, or has 451
681	681	committed an act of gross mismanagement, malfeasance, 452
682	682	misfeasance, gross waste of public funds, or gross neglect of 453
683	683	duty, the Chief Inspector General or agency inspector general 454
684	684	making such determination shall then conduct an investigation, 455
685	685	unless the Chief Inspector General or the agency inspector 456
686	686	general determines, within 30 days after receiving the 457
687	687	allegations from the complainant, that such investigation is 458
688	688	unnecessary. For purposes of this subsection, the Chief 459
689	689	Inspector General or the agency inspector general shall consider 460
690	690	the following factors, but is not limited to only the following 461
691	691	factors, when deciding whether the investigation is not 462
692	692	necessary: 463
693	693	1. The gravity of the disclosed information compared to 464
694	694	the time and expense of an investigation. 465
695	695	2. The potential for an investigation to yield 466
696	696	recommendations that will make state government m ore efficient 467
697	697	and effective. 468
698	698	3. The benefit to state government to have a final report 469
699	699	on the disclosed information. 470
700	700	4. Whether the alleged whistle -blower information 471
701	701	primarily concerns personnel practices that may be investigated 472
702	702	under chapter 110. 473
703	703	5. Whether another agency may be conducting an 474
704	704	investigation and whether any investigation under this section 475
705	705
706	706	HB 1541 2022
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708	708
709	709
710	710	CODING: Words stricken are deletions; words underlined are additions.
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713	713	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
714	714
715	715
716	716
717	717	could be duplicative. 476
718	718	6. The time that has elapsed between the alleged event and 477
719	719	the disclosure of the information. 478
720	720	Section 10. Paragraph (a ) of subsection (3) of section 479
721	721	112.31895, Florida Statutes, is amended to read: 480
722	722	112.31895 Investigative procedures in response to 481
723	723	prohibited personnel actions. — 482
724	724	(3) CORRECTIVE ACTION AND TERMINATION OF INVESTIGATION. — 483
725	725	(a) The Florida Commission on Hu man Relations, in 484
726	726	accordance with this act and for the sole purpose of this act, 485
727	727	is empowered to: 486
728	728	1. Receive and investigate complaints from employees 487
729	729	alleging retaliation by state agencies, as the term "state 488
730	730	agency" is defined in s. 216.011. 489
731	731	2. Protect employees and applicants for employment with 490
732	732	such agencies from prohibited personnel practices under s. 491
733	733	112.3187. 492
734	734	3. Petition for stays and petition for corrective actions, 493
735	735	including, but not limited to, temporary reinstatement. 494
736	736	4. Recommend discipl inary proceedings pursuant to 495
737	737	investigation and appropriate agency rules and procedures. 496
738	738	5. Coordinate with the Chief Inspector General in the 497
739	739	Executive Office of the Governor and the Florida Commission on 498
740	740	Human Relations to receive, review, and forward to appropriate 499
741	741	agencies, legislative entities, or the Department of Law 500
742	742
743	743	HB 1541 2022
744	744
745	745
746	746
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750	750	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
751	751
752	752
753	753
754	754	Enforcement disclosures of a violation of any law, rule, or 501
755	755	regulation, or disclosures of gross mismanagement, malfeasance, 502
756	756	misfeasance, nonfeasance, neglect of duty, or gross waste of 503
757	757	public funds. 504
758	758	6. Review rules pertaining to personnel matters issued or 505
759	759	proposed by the Department of Management Services, the Public 506
760	760	Employees Relations Commission, and other agencies, and, if the 507
761	761	Florida Commission on Human Relations finds that any ru le or 508
762	762	proposed rule, on its face or as implemented, requires the 509
763	763	commission of a prohibited personnel practice, provide a written 510
764	764	comment to the appropriate agency. 511
765	765	7. Investigate, request assistance from other governmental 512
766	766	entities, and, if appropriate, bring actions concerning, 513
767	767	allegations of retaliation by state agencies under subparagraph 514
768	768	1. 515
769	769	8. Administer oaths, examine witnesses, take statements, 516
770	770	issue subpoenas, order the taking of depositions, order 517
771	771	responses to written interrogatories, and make appropriate 518
772	772	motions to limit discovery, pursuant to investigations under 519
773	773	subparagraph 1. 520
774	774	9. Intervene or otherwise participate, as a matter of 521
775	775	right, in any appeal or other proceeding arising under this 522
776	776	section before the Public Employees Relations Commi ssion or any 523
777	777	other appropriate agency, except that the Florida Commission on 524
778	778	Human Relations must comply with the rules of the commission or 525
779	779
780	780	HB 1541 2022
781	781
782	782
783	783
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787	787	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
788	788
789	789
790	790
791	791	other agency and may not seek corrective action or intervene in 526
792	792	an appeal or other proceeding without the consent o f the person 527
793	793	protected under ss. 112.3187 -112.31895. 528
794	794	10. Conduct an investigation, in the absence of an 529
795	795	allegation, to determine whether reasonable grounds exist to 530
796	796	believe that a prohibited action or a pattern of prohibited 531
797	797	action has occurred, is occur ring, or is to be taken. 532
798	798	Section 11. Paragraph (e) of subsection (3) of section 533
799	799	287.057, Florida Statutes, is amended, and subsection (27) is 534
800	800	added to that section, to read: 535
801	801	287.057 Procurement of commodities or contractual 536
802	802	services.— 537
803	803	(3) If the purchase price of commodities or contractual 538
804	804	services exceeds the threshold amount provided in s. 287.017 for 539
805	805	CATEGORY TWO, purchase of commodities or contractual services 540
806	806	may not be made without receiving competitive sealed bids, 541
807	807	competitive sealed proposal s, or competitive sealed replies 542
808	808	unless: 543
809	809	(e) The following contractual services and commodities are 544
810	810	not subject to the competitive -solicitation requirements of this 545
811	811	section: 546
812	812	1. Artistic services. As used in this subsection, the term 547
813	813	"artistic services" does not include advertising or typesetting. 548
814	814	As used in this subparagraph, the term "advertising" means the 549
815	815	making of a representation in any form in connection with a 550
816	816
817	817	HB 1541 2022
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819	819
820	820
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824	824	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
825	825
826	826
827	827
828	828	trade, business, craft, or profession in order to promote the 551
829	829	supply of commodities or services by the person promoting the 552
830	830	commodities or contractual services. 553
831	831	2. Academic program reviews if the fee for such services 554
832	832	does not exceed $50,000. 555
833	833	3. Lectures by individuals. 556
834	834	4. Legal services, including attorney, paralegal, expert 557
835	835	witness, appraisal, or mediator services. 558
836	836	5. Health services involving examination, diagnosis, 559
837	837	treatment, prevention, medical consultation, or administration. 560
838	838	The term also includes, but is not limited to, substance abuse 561
839	839	and mental health services involving examination, diagnosis, 562
840	840	treatment, prevention, or medical consultation if such services 563
841	841	are offered to eligible individuals participating in a specific 564
842	842	program that qualifies multiple providers and uses a standard 565
843	843	payment methodology. Reimbursement of admi nistrative costs for 566
844	844	providers of services purchased in this manner are also exempt. 567
845	845	For purposes of this subparagraph, the term "providers" means 568
846	846	health professionals and health facilities, or organizations 569
847	847	that deliver or arrange for the delivery of heal th services. 570
848	848	6. Services provided to persons with mental or physical 571
849	849	disabilities by not-for-profit corporations that have obtained 572
850	850	exemptions under s. 501(c)(3) of the United States Internal 573
851	851	Revenue Code or when such services are governed by Office of 574
852	852	Management and Budget Circular A -122. However, in acquiring such 575
853	853
854	854	HB 1541 2022
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856	856
857	857
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861	861	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
862	862
863	863
864	864
865	865	services, the agency shall consider the ability of the vendor, 576
866	866	past performance, willingness to meet time requirements, and 577
867	867	price. 578
868	868	7. Medicaid services delivered to an eligible Medicaid 579
869	869	recipient unless the agency is directed otherwise in law. 580
870	870	8. Family placement services. 581
871	871	9. Prevention services related to mental health, including 582
872	872	drug abuse prevention programs, child abuse prevention programs, 583
873	873	and shelters for runaways, operated by not -for-profit 584
874	874	corporations. However, in acquiring such services, the agency 585
875	875	shall consider the ability of the vendor, past performance, 586
876	876	willingness to meet time requirements, and price. 587
877	877	10. Training and education services provided to injured 588
878	878	employees pursuant to s. 440.491(6). 589
879	879	11. Contracts entered into pursuant to s. 337.11. 590
880	880	12. Services or commodities provided by governmental 591
881	881	entities. 592
882	882	13. Statewide Public service announcement programs that 593
883	883	provided by a Florida statewide nonprofit corporation under s. 594
884	884	501(c)(6) of the Internal Revenue Code which have a guaranteed 595
885	885	documented match of at least $3 to $1. 596
886	886	(27) Notwithstanding any other law, a state employee who 597
887	887	is registered to lobby the Legislature, other than an agency 598
888	888	head, may not participate in th e negotiation or award of any 599
889	889	contract required or expressly funded under a specific 600
890	890
891	891	HB 1541 2022
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893	893
894	894
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898	898	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
899	899
900	900
901	901
902	902	legislative appropriation or proviso in an appropriation act. 601
903	903	This subsection does not apply to a state employee who is: 602
904	904	(a) Registered to lobby the Legislature, but who se primary 603
905	905	job responsibilities do not involve lobbying; 604
906	906	(b) Employed by the Executive Office of the Governor; or 605
907	907	(c) Employed by the Office of Policy and Budget in the 606
908	908	Executive Office of the Governor. 607
909	909	Section 12. Section 288.00001, Florida Statut es, is 608
910	910	created to read: 609
911	911	288.00001 Use of state or local incentive funds to pay for 610
912	912	services.—Notwithstanding any other law, a tax incentive may not 611
913	913	be awarded or paid to a state contractor or subcontractor for 612
914	914	services provided or expenditures incurred u nder a state 613
915	915	contract. 614
916	916	Section 13. Paragraph (e) of subsection (4) of section 615
917	917	1001.20, Florida Statutes, is amended to read: 616
918	918	1001.20 Department under direction of state board. — 617
919	919	(4) The Department of Education shall establish the 618
920	920	following offices within the Office of the Commissioner of 619
921	921	Education which shall coordinate their activities with all other 620
922	922	divisions and offices: 621
923	923	(e) Office of Inspector General. —Organized using existing 622
924	924	resources and funds and responsible for promoting 623
925	925	accountability, efficiency, and effectiveness and detecting 624
926	926	waste, fraud, and abuse, or financial mismanagement within 625
927	927
928	928	HB 1541 2022
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930	930
931	931
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935	935	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
936	936
937	937
938	938
939	939	school districts, the Florida School for the Deaf and the Blind, 626
940	940	and Florida College System institutions in Florida. If the 627
941	941	Commissioner of Education deter mines that a district school 628
942	942	board, the Board of Trustees for the Florida School for the Deaf 629
943	943	and the Blind, or a Florida College System institution board of 630
944	944	trustees is unwilling or unable to address substantiated 631
945	945	allegations made by any person relating t o waste, fraud, abuse, 632
946	946	or financial mismanagement within the school district, the 633
947	947	Florida School for the Deaf and the Blind, or the Florida 634
948	948	College System institution, the office shall conduct, 635
949	949	coordinate, or request investigations into such substantiated 636
950	950	allegations. The office shall investigate allegations or reports 637
951	951	of possible waste, fraud, or abuse, or financial mismanagement 638
952	952	against a district school board , the Florida School for the Deaf 639
953	953	and the Blind, or a Florida College System institution made by 640
954	954	any member of the Cabinet ,; the presiding officer of either 641
955	955	house of the Legislature ,; a chair of a substantive or 642
956	956	appropriations legislative committee with jurisdiction ,; or a 643
957	957	member of the board for which an investigation is sought. The 644
958	958	office shall have access to all information and personnel 645
959	959	necessary to perform its duties and shall have all of its 646
960	960	current powers, duties, and responsibilities authorized in s. 647
961	961	20.055. 648
962	962	Section 14. This act shall take effect July 1, 2022. 649