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