Bill Text: FL S0450 | 2020 | Regular Session | Introduced
Bill Title: Whistleblower's Act
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2020-03-14 - Died in Governmental Oversight and Accountability [S0450 Detail]
Download: Florida-2020-S0450-Introduced.html
Florida Senate - 2020 SB 450 By Senator Brandes 24-00448A-20 2020450__ 1 A bill to be entitled 2 An act relating to the Whistleblower’s Act; amending 3 s. 112.3187, F.S.; revising a short title; revising 4 legislative intent; revising, reordering, and 5 providing definitions; revising the actions that an 6 agency or independent contractor is prohibited from 7 taking against an employee who participates in 8 protected activity or discloses certain information; 9 specifying that whistleblower remedies and protections 10 do not apply to certain persons; revising requirements 11 related to the disclosure of information and methods 12 of reporting the information; revising requirements 13 related to remedies; revising affirmative defenses; 14 amending s. 112.3188, F.S.; authorizing additional 15 persons to disclose confidential and exempt 16 information; providing for construction; conforming 17 cross-references to changes made by the act; amending 18 s. 112.3189, F.S.; revising applicability of 19 provisions relating to investigative procedures upon 20 receipt of whistleblower information; revising powers 21 and responsibilities of the Chief Inspector General 22 and agency inspectors general; revising reporting 23 requirements; reordering and amending s. 112.31895, 24 F.S.; revising investigative procedures in response to 25 retaliatory actions; revising complaint requirements; 26 revising fact-finding responsibilities of the Florida 27 Commission on Human Relations; revising commission 28 powers and responsibilities; providing requirements 29 for the termination of an investigation; amending ss. 30 14.32, 20.055, 112.31901, and 760.06, F.S.; conforming 31 provisions and cross-references to changes made by the 32 act; providing an effective date. 33 34 Be It Enacted by the Legislature of the State of Florida: 35 36 Section 1. Section 112.3187, Florida Statutes, is amended 37 to read: 38 112.3187 RetaliatoryAdverseaction against employee for 39 disclosing information of specified nature prohibited; employee 40 remedy and relief.— 41 (1) SHORT TITLE.—Sections 112.3187-112.31895 may be cited 42 as the “Florida Public Whistleblower’sWhistle-blower’sAct.” 43 (2) LEGISLATIVE INTENT.—It is the intent of the Legislature 44 to prevent agencies or independent contractors from taking 45 retaliatory action against an employee who reports to an 46 appropriate agency or supervisory official violations of law on 47 the part of a public employer or independent contractor which 48thatcreate a substantial and specific danger to the public’s 49 health, safety, or welfare. It is further the intent of the 50 Legislature to prevent agencies or independent contractors from 51 taking retaliatory action against any person who discloses 52 information to an appropriate agency or supervisory official 53 alleging acts of gross mismanagement, gross malfeasance, gross 54 misfeasance, gross misconductimproper use of governmental55office, gross waste of public funds, Medicaid fraud or program 56 abuse,or any other abuseor gross neglect of duty on the part 57 of an agency, public officer, or employee. 58 (3) DEFINITIONS.—As used in this act, unless otherwise 59 specified, the following words or terms shall have the meanings 60 indicated: 61 (a) “Agency” means any state, regional, county, local, or 62 municipal government entity, whether executive, judicial, or 63 legislative; any official, officer, department, division, 64 bureau, commission, authority, or political subdivision therein; 65 the Citizens Property Insurance Corporation; the Florida 66 Commission on Human Relations; or any public school, community 67 college, or state university. 68 (b) “Employee” means a person who performs services for, 69 and under the control and direction of, or contracts with, an 70 agency or independent contractor for wages or other 71 remuneration. The term includes a current or former employee or 72 an applicant for employment. 73 (h)(c)“RetaliatoryAdverse personnelaction” means the 74 discharge, suspension, transfer, or demotion of ananyemployee 75 or the withholding of bonuses, the reduction in salary or 76 benefits, or any other adverse action taken against an employee 77within the terms and conditions of employmentby an agency or 78 independent contractor which may dissuade a reasonable employee 79 from participating in any protected activity described in 80 subparagraphs (g)1. and 2. 81 (c) “Gross malfeasance” or “gross misconduct” means a 82 willful transgression of law or established rule which is of 83 such a degree or recurrence as to show a substantial disregard 84 of the employer’s interests or the employee’s duties and 85 obligations to the public. 86 (d) “Gross misfeasance” means misconduct or wrongdoing by a 87 public employee of such severity or frequency as to show 88 substantial disregard of the state’s or state contractor’s 89 interests or the employee’s duties and obligations to the 90 public. 91 (f)(d)“Independent contractor” means a person, other than 92 an agency, engaged in any business and who enters into a 93 contract, including a provider agreement, with an agency. 94 (e)(e)“Gross mismanagement” means a continuous pattern of 95 managerial abuses, wrongful or arbitrary and capricious actions, 96 or fraudulent or criminal conduct which may have a substantial 97 adverse economic impact. 98 (g) “Protected activity” means any of the following: 99 1. The reporting to an appropriate agency or supervisory 100 official of violations of law on the part of a public employer 101 or independent contractor which create a substantial and 102 specific danger to the public’s health, safety, or welfare. 103 2. The disclosure of information to an appropriate agency 104 or supervisory official alleging acts of gross mismanagement, 105 gross malfeasance, gross misfeasance, gross misconduct, gross 106 waste of public funds, Medicaid fraud or program abuse, or gross 107 neglect of duty on the part of an agency, a public officer, or 108 an employee. 109 3. Participation in an investigation, hearing, or other 110 inquiry by an agency or federal government entity pursuant to 111 this section. 112 4. Refusal to participate in any retaliatory action 113 prohibited by this section. 114 (i) “State agency” means any official, officer, commission, 115 board, authority, council, committee, or department of the 116 executive branch of state government. 117 (4) ACTIONS PROHIBITED.— 118 (a) An agency or independent contractor mayshallnot 119 dismiss, discipline, or take any other retaliatoryadverse120personnelaction against an employee for participating in 121 protected activity or for disclosing information pursuant to 122 subsection (6)the provisions of this section. 123 (b)An agency or independent contractor shall not take any124adverse action that affects the rights or interests of a person125in retaliation for the person’s disclosure of information under126this section.127(c)The provisions ofThis subsection isshallnotbe128 applicable when an employee or person discloses information 129 known, or which reasonably should be known, by the employee or 130 person to be false. 131 (c) A remedy or protection under ss. 112.3187-112.31895 132 does not apply to: 133 1. A person who has committed, or intentionally 134 participated in committing, a violation or suspected violation 135 for which protection under ss. 112.3187-112.31895 is being 136 sought. 137 2. A person while he or she is under the care, custody, or 138 control of the state correctional system, or after release from 139 the care, custody, or control of the state correctional system, 140 with respect to circumstances that occurred during any period of 141 incarceration. 142 (5) NATURE OF INFORMATION DISCLOSED.— 143 (a) The information disclosed by employees and persons 144 under this section must include: 145 1.(a)Any violation or suspected violation of any federal, 146 state, or local law, rule, or regulation committed by an 147 employee or agent of an agency or independent contractor which 148 creates and presents a substantial and specific danger to the 149 public’s health, safety, or welfare; or.150 2.(b)Any act or reasonably suspected act of gross 151 mismanagement, gross malfeasance, gross misfeasance, gross 152 misconduct, gross waste of public funds,suspected or actual153 Medicaid fraud or program abuse, or gross neglect of duty 154 committed by an employee or agent of an agency or independent 155 contractor. 156 (b) Information disclosed by an employee or a former 157 employee of an independent contractor must relate to provisions 158 of the contract between the agency and the independent 159 contractor. 160 (6) TO WHOM INFORMATION DISCLOSED AND METHODS OF 161 REPORTING.— 162 (a) Information disclosed under this section alleging an 163 action on the part of a public employer or an independent 164 contractor which creates a substantial and specific danger to 165 the public’s health, safety, or welfare, or alleging gross waste 166 of public funds or any other abuse or gross neglect of duty on 167 the part of an agency, a public officer, or an employee, must be 168 disclosed to the Chief Inspector General, agency inspector 169 general or employee designated as agency inspector general under 170 s. 112.3189(1), inspectors general under s. 20.055, or the 171 Florida Commission on Human Relations. 172 (b) The information disclosed by an employee or a person 173 pursuant to this subsection or subsection (5) must be submitted 174 in the form of a written and signed complaint to one of the 175 following: 176 1. The employee’s supervisory official, the Chief Inspector 177 General as defined in s. 14.32(1), the agency inspector general, 178 the employee designated as agency inspector general under s. 179 112.3189(1), inspectors general under s. 20.055, or to the 180 Florida Commission on Human Relations. Employees and independent 181 contractors of the Chief Inspector General, the employee 182 designated as an agency inspector general, or the Florida 183 Commission on Human Relations must meet the same requirements as 184 others affected by this section; or 185 2. An agency or a federal governmental entity that has 186 authority to investigate, police, manage, or otherwise remedy 187 the violation or act. 188 (c) If a disclosure is related to a local governmental 189 entity, including any regional, county, or municipal entity; 190 special district; community college district; or school 191 district, or any political subdivision thereof, the information 192 must be disclosed to a chief executive officer, as defined in s. 193 447.203(9), or other appropriate local official. 194 (d) Information disclosed to any other person or entity 195 does not qualify the employee or person for protection under 196 this sectionThe information disclosed under this section must197be disclosed to any agency or federal government entity having198the authority to investigate, police, manage, or otherwise199remedy the violation or act, including, but not limited to, the200Office of the Chief Inspector General, an agency inspector201general or the employee designated as agency inspector general202under s. 112.3189(1) or inspectors general under s. 20.055, the203Florida Commission on Human Relations, and the whistle-blower’s204hotline created under s. 112.3189. However, for disclosures205concerning a local governmental entity, including any regional,206county, or municipal entity, special district, community college207district, or school district or any political subdivision of any208of the foregoing, the information must be disclosed to a chief209executive officer as defined in s. 447.203(9) or other210appropriate local official. 211(7)EMPLOYEES AND PERSONS PROTECTED.—This section protects212employees and persons who disclose information on their own213initiative in a written and signed complaint; who are requested214to participate in an investigation, hearing, or other inquiry215conducted by any agency or federal government entity; who refuse216to participate in any adverse action prohibited by this section;217or who initiate a complaint through the whistle-blower’s hotline218or the hotline of the Medicaid Fraud Control Unit of the219Department of Legal Affairs; or employees who file any written220complaint to their supervisory officials or employees who submit221a complaint to the Chief Inspector General in the Executive222Office of the Governor, to the employee designated as agency223inspector general under s. 112.3189(1), or to the Florida224Commission on Human Relations. The provisions of this section225may not be used by a person while he or she is under the care,226custody, or control of the state correctional system or, after227release from the care, custody, or control of the state228correctional system, with respect to circumstances that occurred229during any period of incarceration. No remedy or other230protection under ss. 112.3187-112.31895 applies to any person231who has committed or intentionally participated in committing232the violation or suspected violation for which protection under233ss. 112.3187-112.31895 is being sought.234 (7)(8)REMEDIES.— 235 (a) Any employee of or applicant for employment with any 236 state agency or an independent contractor of a state agency, as 237 the term “state agency” is defined in subsection (3)s.216.011, 238 who is discharged, disciplined, or subjected to other 239 retaliatoryadverse personnelaction,or denied employment, 240 because he or she engaged in an activity protected by this 241 section may file a complaint with, which complaint must be made242in accordance with s. 112.31895. Upon receipt of notice fromthe 243 Florida Commission on Human Relations. The complaint must be 244 made in accordance with the requirements of s. 112.31895of245termination of the investigation, the complainant may elect to246pursue the administrative remedy available under s. 112.31895 or247bring a civil action within 180 days after receipt of the248notice. 249 (b) Within 60 days after the action prohibited by this 250 section, any local public employee protected by this section may 251 file a complaint with the appropriate local governmental 252 authority, if that authority has established by ordinance an 253 administrative procedure for handling such complaints or has 254 contracted with the Division of Administrative Hearings under s. 255 120.65 to conduct hearings under this section. The 256 administrative procedure created by ordinance must provide for 257 the complaint to be heard by a panel of impartial persons 258 appointed by the appropriate local governmental authority. Upon 259 hearing the complaint, the panel must make findings of fact and 260 conclusions of law for a final decision by the local 261 governmental authority. Within 180 days after entry of a final 262 decision by the local governmental authority, the public 263 employee who filed the complaint may bring a civil action in any 264 court of competent jurisdiction. If the local governmental 265 authority has not established an administrative procedure by 266 ordinance or contract, a local public employee may, within 180 267 days after the action prohibited by this section, bring a civil 268 action in a court of competent jurisdiction. For the purpose of 269 this paragraph, the term “local governmental authority” includes 270 any regional, county, or municipal entity, special district, 271 community college district, or school district or any political 272 subdivision of any of the foregoing. 273 (c) Any other person protected by this section may, after 274 exhausting all available contractual or administrative remedies, 275 bring a civil action in any court of competent jurisdiction 276 within 180 days after the action prohibited by this section. 277 (8)(9)RELIEF.—In any action brought under this section, 278 the relief must include the following: 279 (a) Reinstatement of the employee to the same position held 280 before the retaliatoryadverseaction was commenced, or to an 281 equivalent position or reasonable front pay as alternative 282 relief. 283 (b) Reinstatement of the employee’s full fringe benefits 284 and seniority rights, as appropriate. 285 (c) Compensation, if appropriate, for lost wages, benefits, 286 or other lost remuneration caused by the retaliatoryadverse287 action. 288 (d) Payment of reasonable costs, including attorney 289attorney’sfees, to a substantially prevailing employee, or to 290 the prevailing employer if the employee filed a frivolous action 291 in bad faith. 292 (e) Issuance of an injunction, if appropriate, by a court 293 of competent jurisdiction. 294 (f) Temporary reinstatement to the employee’s former 295 position or to an equivalent position, pending the final outcome 296 on the complaint, if an employee complains of being discharged 297 in retaliation for a protected disclosure and if a court of 298 competent jurisdiction or the Florida Commission on Human 299 Relations, as applicable under s. 112.31895, determines that the 300 disclosure was not made in bad faith or for a wrongful purpose 301 or occurred after an agency’s initiation of a personnel action 302 against the employee which includes documentation of the 303 employee’s violation of a disciplinary standard or performance 304 deficiency. This paragraph does not apply to an employee of a 305 municipality. 306 (9)(10)AFFIRMATIVE DEFENSES.—It shall be an affirmative 307 defense to any action brought pursuant to this section that: 308 (a) The retaliatoryadverseaction was predicated upon 309 grounds other than, and would have been taken absent, the 310 employee’s or person’s exercise of rights protected by this 311 section; 312 (b) The employee or person disclosed information that was 313 known, or reasonably should have been known, to be false; or 314 (c) The employee or person disclosed information that was 315 substantially the same as information publicly disclosed: 316 1. In a criminal, civil, or administrative hearing in which 317 the state is a party; 318 2. In a legislative, administrative, inspector general, or 319 other state report; a hearing; an audit; or an investigation; or 320 3. By the news media. 321 (10)(11)EXISTING RIGHTS.—Sections 112.3187-112.31895 do 322 not diminish the rights, privileges, or remedies of an employee 323 under any other law or rule or under any collective bargaining 324 agreement or employment contract; however, the election of 325 remedies in s. 447.401 also applies to whistleblowerwhistle326bloweractions. 327 Section 2. Paragraphs (b) and (c) of subsection (2) of 328 section 112.3188, Florida Statutes, are amended, and subsection 329 (3) is added to that section, to read: 330 112.3188 Confidentiality of information given to the Chief 331 Inspector General, internal auditors, inspectors general, local 332 chief executive officers, or other appropriate local officials.— 333 (2) 334 (b) All information received by a local chief executive 335 officer or appropriate local official or information produced or 336 derived from fact-finding or investigations conducted pursuant 337 to the administrative procedure established by ordinance by a 338 local government as authorized by s. 112.3187(7)(b)s.339112.3187(8)(b)is confidential and exempt from s. 119.07(1) and 340 s. 24(a), Art. I of the State Constitution, if the information 341 is being received or derived from allegations as set forth in 342 paragraph (1)(a) or paragraph (1)(b) and an investigation is 343 active. 344 (c) Information deemed confidential under this section may 345 be disclosed by the Chief Inspector General, agency inspector 346 general, chief internal auditor, a member or an employee of the 347 Florida Commission on Human Relations, local chief executive 348 officer, or other appropriate local official receiving the 349 information if the recipient determines that the disclosure of 350 the information is absolutely necessary to prevent a substantial 351 and specific danger to the public’s health, safety, or welfare 352 or to prevent the imminent commission of a crime. Information 353 disclosed under this subsection may be disclosed only to persons 354 who are in a position to prevent the danger to the public’s 355 health, safety, or welfare or to prevent the imminent commission 356 of a crime based on the disclosed information. 357 1. An investigation is active under this section if: 358 a. It is an ongoing investigation or inquiry or collection 359 of information and evidence and is continuing with a reasonable, 360 good faith anticipation of resolution in the foreseeable future; 361 or 362 b. All or a portion of the matters under investigation or 363 inquiry are active criminal intelligence information or active 364 criminal investigative information as defined in s. 119.011. 365 2. Notwithstanding sub-subparagraph 1.a., an investigation 366 ceases to be active when: 367 a. The written report required under s. 112.3189(9) has 368 been sent by the Chief Inspector General to the recipients named 369 in s. 112.3189(9); 370 b. It is determined that an investigation is not necessary 371 under s. 112.3189(5); or 372 c. A final decision has been rendered by the local 373 government or by the Division of Administrative Hearings 374 pursuant to s. 112.3187(7)(b)s. 112.3187(8)(b). 375 3. Notwithstanding paragraphs (a), (b), and this paragraph, 376 information or records received or produced under this section 377 which are otherwise confidential under law or exempt from 378 disclosure under chapter 119 retain their confidentiality or 379 exemption. 380 4. Any person who willfully and knowingly discloses 381 information or records made confidential under this subsection 382 commits a misdemeanor of the first degree, punishable as 383 provided in s. 775.082 or s. 775.083. 384 (3) The provisions of this section which provide for the 385 confidentiality of specified information supersede the rights, 386 privileges, or remedies of an employee granted under any other 387 law or rule or under any collective bargaining agreement or 388 employment contract which are in conflict. 389 Section 3. Section 112.3189, Florida Statutes, is amended 390 to read: 391 112.3189 Investigative procedures upon receipt of 392 whistleblowerwhistle-blowerinformation from certain state and 393 state agency independent contractor employees.— 394 (1) This section only applies to the disclosure of 395 information as described in s. 112.3187(5) by an employee or a 396 former employee of, or an applicant for employment with, a state 397 agency, as the term “state agency” is defined in s. 112.3187(3), 398 or by an employee or a former employee of a state agency’s 399 independent contractors.216.011,to theOffice of theChief 400 Inspector Generalof the Executive Office of the Governoror to 401 the agency inspector general. If an agency does not have an 402 inspector general, the head of the state agency, as defined in 403 s. 112.3187(3)s.216.011, shall designate an employee, in 404 consultation with the Chief Inspector General, who meets the 405 requirements provided in s. 20.055(4) to receive information 406 described in s. 112.3187(5). For purposes of this section and s. 407 112.3188 only, the employee designated by the head of the state 408 agency isshall bedeemed an agency inspector general. 409 (2) To facilitate the receipt of information described in 410 subsection (1), the Chief Inspector General shall periodically 411maintain an in-state toll-free whistle-blower’s hotline and412shallcirculate among the various state agencies an advisory for 413 all employees which indicates how to file a whistleblower 414 complaintthe existence of the toll-free number and its purpose415and provides an address to which written whistle-blower416information may be forwarded. 417 (3) When a person alleges information described in s. 418 112.3187(5), the Chief Inspector General or agency inspector 419 general actually receiving such information shall, within 20 420 days of receiving such information, determine: 421 (a) Whether the information disclosed is the type of 422 information described in s. 112.3187(5). 423 (b) Whether the source of the information is a person who 424 is an employee or former employee of, or an applicant for 425 employment with, a state agency, as defined in s. 112.3187(3), 426 or an employee or a former employee of a state agency’s 427 independent contractors.216.011. 428 (c) Whether the information actually disclosed demonstrates 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, gross misconduct, gross malfeasance, gross 435 misfeasance, gross waste of public funds, Medicaid fraud or 436 program abuse, or gross neglect of duty. 437 (4) If the Chief Inspector General or agency inspector 438 general under subsection (3) determines that the information 439 disclosed is not the type of information described in s. 440 112.3187(5), or that the source of the information is not a 441 person who is an employee or former employee of, or an applicant 442 for employment with, a state agency, as defined in s. 443 112.3187(3), or an employee or a former employee of a state 444 agency’s independent contractors.216.011, or that the 445 information disclosed does not demonstrate reasonable cause to 446 suspect that an employee or agent of an agency or independent 447 contractor has violated any federal, state, or local law, rule, 448 or regulation, thereby creating and presenting a substantial and 449 specific danger to the public’s health, safety, or welfare, or 450 has committed an act of gross mismanagement, gross misconduct, 451 gross malfeasance, gross misfeasance, gross waste of public 452 funds, Medicaid fraud or program abuse, or gross neglect of 453 duty, the Chief Inspector General or agency inspector general 454 shall notify the complainant of such fact and copy and return, 455 upon request of the complainant, any documents and other 456 materials that were provided by the complainant. 457 (5)(a)If the Chief Inspector General or agency inspector 458 general under subsection (3) determines that the information 459 disclosed is the type of information described in s. 460 112.3187(5), that the source of the information is from a person 461 who is an employee or a former employee of, or an applicant for 462 employment with, a state agency, as defined in s. 112.3187(3), 463 or an employee or a former employee of a state agency’s 464 independent contractors.216.011, and that the information 465 disclosed demonstrates reasonable cause to suspect that an 466 employee or agent of an agency or independent contractor has 467 violated any federal, state, or local law, rule, or regulation, 468 thereby creating a substantial and specific danger to the 469 public’s health, safety, or welfare, or has committed an act of 470 gross mismanagement, gross misconduct, gross malfeasance, gross 471 misfeasance, gross waste of public funds, Medicaid fraud or 472 program abuse, or gross neglect of duty on the part of an 473 agency, a public officer, or an employee, the Chief Inspector 474 General or agency inspector general making such determination 475 shall then conduct an investigation, unless the Chief Inspector 476 General or the agency inspector general determines, within 30 477 days after receiving the allegations from the complainant, that 478 such investigation is unnecessary. For purposes of this 479 subsection, the Chief Inspector General or the agency inspector 480 general shall consider the following factors, but is not limited 481 to only the following factors, when deciding whether the 482 investigation is not necessary: 483 (a)1.The gravity of the disclosed information compared to 484 the time and expense of an investigation. 485 (b)2.The potential for an investigation to yield 486 recommendations that will make state government more efficient 487 and effective. 488 (c)3.The benefit to state government to have a final 489 report on the disclosed information. 490 (d)4.Whether the alleged whistleblowerwhistle-blower491 information primarily concerns personnel practices that may be 492 investigated under chapter 110. 493 (e)5.Whether another agency may be conducting an 494 investigation and whether any investigation under this section 495 could be duplicative. 496 (f)6.The time that has elapsed between the alleged event 497 and the disclosure of the information. 498(b)If the Chief Inspector General or agency inspector499general determines under paragraph (a) that an investigation is500not necessary, the Chief Inspector General or agency inspector501general making such determination shall:5021.Copy and return, upon request of the complainant, any503documents and other materials provided by the individual who504made the disclosure.5052.Inform in writing the head of the state agency for the506agency inspector general making the determination that the507investigation is not necessary and the individual who made the508disclosure of the specific reasons why an investigation is not509necessary and why the disclosure will not be further acted on510under this section.511 (6) The agency inspector general may conduct an 512 investigation pursuant to subsection (5)paragraph (5)(a)only 513 if the person transmitting information to the agency inspector 514 general is an employee or a former employee of, or an applicant 515 for employment with, the agency inspector general’s agency, or 516 is an employee or a former employee of the state agency’s 517 independent contractor. The agency inspector general shall: 518 (a) Conduct an investigation with respect to the 519 information and any related matters. 520 (b) Submit to the complainant and the Chief Inspector 521 General, within 9060days after the date on which a 522 determination to conduct an investigation is made under 523 subsection (5)paragraph (5)(a), a final written report that 524 sets forth the agency inspector general’s findings, conclusions, 525 and recommendations, except as provided under subsection (11). 526 The complainant shall be advised in writing by the agency 527 inspector generalheadthat the complainant may submit to the 528 Chief Inspector General and agency inspector general comments on 529 the final report within 1020days of the date of the report and 530 that such comments will be attached to the final report. 531 (7) If the Chief Inspector General decides an investigation 532 should be conducted pursuant to subsection (5)paragraph (5)(a), 533 the Chief Inspector General shall either: 534 (a) Promptly transmit to the appropriatehead of the state535 agency inspector general the information with respect to which 536 the determination to conduct an investigation was made, and such 537 agency inspector generalheadshall conduct an investigation and 538 submit to the Chief Inspector General a final written report 539 that sets forth the agency inspector general’shead’sfindings, 540 conclusions, and recommendations; or 541 (b)1. Conduct an investigation with respect to the 542 information and any related matters; and 543 2. Submit to the complainant, within 9060days after the 544 date on which a determination to conduct an investigation is 545 made under subsection (5)paragraph (5)(a), a final written 546 report that sets forth the Chief Inspector General’s findings, 547 conclusions, and recommendations, except as provided under 548 subsection (11). The complainant shall be advised in writing by 549 the Chief Inspector General that the complainant may submit to 550 the Chief Inspector General comments on the final report within 551 1020days of the date of the report and that such comments will 552 be attached to the final report. 553 (c) The Chief Inspector General may require an agency 554 inspector general or the employee designated as agency inspector 555 general under subsection (1)headto conduct an investigation 556 under paragraph (a) only if the information was transmitted to 557 the Chief Inspector General by: 558 1. An employee or a former employee of, or an applicant for 559 employment with, the agency, or an employee or a former employee 560 of the state agency’s independent contractor, that the 561 information concerns; or 562 2. An employee who obtained the information in connection 563 with the performance of the employee’s duties and 564 responsibilities. 565 (8) Final reports required under this section must be 566 reviewed and signed by the person responsible for conducting the 567 investigation (agency inspector general, employee designated as 568 agency inspector general under subsection (1)agency head, or 569 Chief Inspector General) and must include: 570 (a) A summary of the information with respect to which the 571 investigation was initiated. 572 (b) A description of the conduct of the investigation. 573 (c) A summary of any evidence obtained from the 574 investigation. 575 (d) A listing of any violation or apparent violation of any 576 law, rule, or regulation. 577 (e) A description of any action taken or planned as a 578 result of the investigation, such as: 579 1. A change in an agency rule, regulation, or practice. 580 2. The restoration of an aggrieved employee. 581 3. A disciplinary action against an employee. 582 4. The referral to the Department of Law Enforcement of any 583 evidence of a criminal violation. 584 (9)(a) A report required of the agency inspector general 585headunder paragraph (7)(a) shall be submitted to the Chief 586 Inspector General and the complainant within 9060days after 587 the agency inspector generalheadreceives the complaint from 588 the Chief Inspector General, except as provided under subsection 589 (11). The complainant shall be advised in writing by the agency 590 inspector generalheadthat the complainant may submit to the 591 Chief Inspector General comments on the report within 1020days 592 of the date of the report and that such comments will be 593 attached to the final report. 594 (b) Upon receiving a final report required under this 595 section, the Chief Inspector General shall review the report and 596 determine whether the report contains the information required 597 by subsection (8). If the report does not contain the 598 information required by subsection (8), the Chief Inspector 599 General shall determine why and note the reasons on an addendum 600 to the final report. 601 (c) The Chief Inspector General shall transmit any final 602 report under this section, any comments provided by the 603 complainant, and any appropriate comments or recommendations by 604 the Chief Inspector General to the Governor, the Legislative 605 Auditing Committee, the investigating agency, and the Chief 606 Financial Officer. 607 (d) If the Chief Inspector General does not receive the 608 report of the agency inspector generalheadwithin the time 609 prescribed in paragraph (a), the Chief Inspector General may 610 conduct the investigation in accordance with paragraph (7)(b) or 611 request that another agency inspector general conduct the 612 investigation in accordance with subsection (6) and shall report 613 the complaint to the Governor, to theJointLegislative Auditing 614 Committee, and to the investigating agency, together with a 615 statement noting the failure of the agency inspector general 616headto file the required report. 617 (10) For any time period set forth in subsections (3), (6), 618 (7), and (9), such time period may be extended in writing by the 619 Chief Inspector General for good cause shown. 620 (11) If an investigation under this section produces 621 evidence of a criminal violation, the report mayshallnot be 622 transmitted to the complainant, and the agency head or agency 623 inspector general shall notify the Chief Inspector General and 624 the Department of Law Enforcement. 625 Section 4. Section 112.31895, Florida Statutes, is 626 reordered and amended to read: 627 112.31895 Investigative procedures in response to 628 retaliatoryprohibited personnelactions.— 629 (1) COMPLAINT PROCEDURES.— 630 (a) If a disclosure or other protected activity under s. 631 112.3187 includes or results in alleged retaliatory action 632retaliationby an employer, the employee or former employee of, 633 or applicant for employment with, a state agency, as defined in 634 s. 112.3187(3), or the employee or former employee of a state 635 agency’s independent contractor whos.216.011, thatis so 636 affected may file a complaint alleging a retaliatoryprohibited637personnelaction. The, whichcomplaint must be made by filing a 638 written and signed complaint with the Office of the Chief 639 Inspector General in the Executive Office of the Governor or the 640 Florida Commission on Human Relations,no later than 9060days 641 after the retaliatoryprohibited personnelaction. 642 (b) Within 5threeworking days after receiving a complaint 643 under this section, the office or officer receiving the 644 complaint shall acknowledge receipt of the complaint and provide 645 copies of the complaint and any other preliminary information 646 available concerning the disclosure of information under s. 647 112.3187 to each of the other parties named in paragraph (a) and 648 to the agency, which parties shall each acknowledge receipt of649such copies to the complainant. 650 (3)(2)FACT FINDING.—The Florida Commission on Human 651 Relations shall: 652 (a) Upon receipt of anReceive anyallegation of a 653 retaliatorypersonnelaction prohibited by s. 112.3187, 654 including a proposed or potential action,andconduct an 655 investigationinformal fact finding regarding any allegation656under this section, to the extent necessaryto determine whether 657 there are reasonable grounds to believe that a retaliatory 658prohibitedpersonnelaction under s. 112.3187 has occurred, is 659 occurring, or is to be taken. 660(b)Notify the complainant, within 15 days after receiving661a complaint, that the complaint has been received by the662department.663 (b)(c)Within 12090days afterreceivingthe complaint is 664 filed, determine whether reasonable grounds exist to believe 665 that a retaliatory action occurred, is occurring, or is to be 666 takenprovide the agency head and the complainant with a fact667finding report that may include recommendations to the parties668or proposed resolution of the complaint. The fact-finding report669shall be presumed admissible in any subsequent or related670administrative or judicial review. 671 (2)(3)POWERS OF THE FLORIDA COMMISSION ON HUMAN RELATIONS 672CORRECTIVE ACTION AND TERMINATION OF INVESTIGATION.— 673 (a) The Florida Commission on Human Relations, in 674 accordance with this act and for the sole purpose of this act, 675 is empowered to: 676 1. Receive and investigate complaints from employees 677 alleging retaliation by state agencies, as the term “state 678 agency” is defined in s. 112.3187(3), and by independent 679 contractorss.216.011. 680 2. Protect employees and applicants for employment with 681 such agencies from retaliatory actionsprohibited personnel682practicesunder s. 112.3187. 683 3. Petition for stays and petition for corrective actions, 684 including, but not limited to, temporary reinstatement. 685 4. Recommend disciplinary proceedings pursuant to 686 investigation and appropriate agency rules and procedures. 687 5. Coordinate with the Chief Inspector General in the 688 Executive Office of the Governor and the Florida Commission on 689 Human Relations to receive, review, and forward to appropriate 690 agencies, legislative entities, or the Department of Law 691 Enforcement disclosures of a violation of any law, rule, or 692 regulation, or disclosures of gross mismanagement, gross 693 misconduct, gross malfeasance, gross misfeasance,nonfeasance,694 neglect of duty, Medicaid fraud or program abuse,orgross waste 695 of public funds, gross neglect of duty on the part of an agency, 696 a public officer, or an employee, or substantial or specific 697 damage to the health, welfare, or safety of the public. 698 6. Review rules pertaining to personnel matters issued or 699 proposed by the Department of Management Services, the Public 700 Employees Relations Commission, and other agencies, and, if the 701 Florida Commission on Human Relations finds that any rule or 702 proposed rule, on its face or as implemented, requires the 703 commission of a prohibited personnel practice, provide a written 704 comment to the appropriate agency. 705 7. Investigate, request assistance from other governmental 706 entities, and, if appropriate, bring actions concerning, 707 allegations of retaliation by state agencies under subparagraph 708 1. 709 8. Administer oaths, examine witnesses, take statements, 710 issue subpoenas, order the taking of depositions, order 711 responses to written interrogatories, and make appropriate 712 motions to limit discovery, pursuant to investigations under 713 subparagraph 1. 714 9. Intervene or otherwise participate, as a matter of 715 right, in any appeal or other proceeding arising under this 716 section before the Public Employees Relations Commission or any 717 other appropriate agency, except that the Florida Commission on 718 Human Relations must comply with the rules of the commission or 719 other agency and may not seek corrective action or intervene in 720 an appeal or other proceeding without the consent of the person 721 protected under ss. 112.3187-112.31895. 722 10. Conduct an investigation, in the absence of an723allegation,to determine whether reasonable grounds exist to 724 believe that a retaliatoryprohibitedaction or a pattern of 725 retaliatoryprohibitedaction has occurred, is occurring, or is 726 to be taken. 727 (b) Within 15 days after receiving a complaint that a 728 person has been discharged from employment allegedly for 729 engaging indisclosingprotected activityinformationunder s. 730 112.3187, the Florida Commission on Human Relations shall review 731 the information and determine whether temporary reinstatement is 732 appropriate under s. 112.3187(8)(f)s. 112.3187(9)(f). If the 733 Florida Commission on Human Relations so determines, based upon 734 a legal review of the complaint and accompanying materials, it 735 shall apply for an expedited order to show cause from the 736 appropriate agency or circuit court for the immediate 737 reinstatement of the employee who has been discharged subsequent 738 to the disclosure made under s. 112.3187, pending theissuance739of thefinal outcome oforder onthe complaint. 740(c)The Florida Commission on Human Relations shall notify741a complainant of the status of the investigation and any action742taken at such times as the commission considers appropriate.743(d)If the Florida Commission on Human Relations is unable744to conciliate a complaint within 60 days after receipt of the745fact-finding report, the Florida Commission on Human Relations746shall terminate the investigation. Upon termination of any747investigation, the Florida Commission on Human Relations shall748notify the complainant and the agency head of the termination of749the investigation, providing a summary of relevant facts found750during the investigation and the reasons for terminating the751investigation. A written statement under this paragraph is752presumed admissible as evidence in any judicial or753administrative proceeding but is not admissible without the754consent of the complainant.755 (c)(e)1.The Florida Commission on Human Relations may 756 request an agency or a circuit court to order a stay, on such 757 terms as the court requires, of any personnel action for 45 days 758 if theFloridacommissionon Human Relationsdetermines that 759 reasonable grounds exist to believe that a retaliatory 760prohibited personnelaction has occurred, is occurring, or is to 761 be taken. TheFloridacommissionon Human Relationsmay request 762 that such stay be extended for appropriate periods of time. 763 (d)2.If, in connection with any investigation under this 764 section, it is determinedthe Florida Commission on Human765Relations determinesthat reasonable grounds exist to believe 766 that a criminal violation has occurred which has not previously 767 been reportedprohibited action has occurred, is occurring, or768is to be taken which requires corrective action, the Florida 769 Commission on Human Relations shall report the determination 770together with any findings or recommendations to the agency head771and may report that determination and those findings and772recommendationsto the Chief Inspector General and the 773 Department of Law Enforcement and to the state attorney having 774 jurisdiction over the matterGovernor and the Chief Financial775Officer. The Florida Commission on Human Relations may include776in the report recommendations for corrective action to be taken. 7773.If, after 20 days, the agency does not implement the778recommended action, the Florida Commission on Human Relations779shall terminate the investigation and notify the complainant of780the right to appeal under subsection (4), or may petition the781agency for corrective action under this subsection.7824.If the Florida Commission on Human Relations finds, in783consultation with the individual subject to the prohibited784action, that the agency has implemented the corrective action,785the commission shall file such finding with the agency head,786together with any written comments that the individual provides,787and terminate the investigation.788(f)If the Florida Commission on Human Relations finds that789there are no reasonable grounds to believe that a prohibited790personnel action has occurred, is occurring, or is to be taken,791the commission shall terminate the investigation.792(g)1.If, in connection with any investigation under this793section, it is determined that reasonable grounds exist to794believe that a criminal violation has occurred which has not795been previously reported, the Florida Commission on Human796Relations shall report this determination to the Department of797Law Enforcement and to the state attorney having jurisdiction798over the matter.799 (e)2.If an alleged criminal violation has been reported, 800 the Florida Commission on Human Relations shall confer with the 801 Department of Law Enforcement and the state attorney before 802 proceeding with the investigation of the retaliatoryprohibited803personnelaction and may defer the investigation pending 804 completion of the criminal investigation and proceedings. The 805 Florida Commission on Human Relations shall inform the 806 complainant of the decision to defer the investigation and, if 807 appropriate, of the confidentiality of the investigation. 808 (f)(h)If, in connection with any investigation under this 809 section, the Florida Commission on Human Relations determines 810 that reasonable grounds exist to believe that a violation of a 811 law, rule, or regulation has occurred, other than a criminal 812 violation or a retaliatoryprohibitedaction under this section, 813 the commission may report such violation to the head of the 814 agency involved. Within 30 days after the agency receives the 815 report, the agency head shall provide to the commission a 816 certification that states that the head of the agency has 817 personally reviewed the report and indicates what action has 818 been or is to be taken and when the action will be completed. 819 (g)(i)During any investigation under this section, 820 disciplinary action may not be taken against any employee of a 821 state agency, as the term “state agency” is defined in s. 822 112.3187(3)s.216.011, for reporting an alleged retaliatory 823prohibited personnelaction that is under investigation, or for 824 reporting any related activity, or against any employee for 825 participating in an investigation without notifying the Florida 826 Commission on Human Relations. 827 (h)(j)The Florida Commission on Human Relations may also 828 petition for an award of reasonable attorneyattorney’sfees and 829 expenses from a state agency, as the term “state agency” is 830 defined in s. 112.3187(3)s.216.011, pursuant to s. 112.3187(8) 831s. 112.3187(9). 832 (4) NOTICE OF TERMINATION.— 833 (a) If the Florida Commission on Human Relations determines 834 that reasonable grounds do not exist to believe that a 835 retaliatory action occurred, is occurring, or is to be taken, 836 the commission must issue a termination of investigation for no 837 cause, which must provide the reason why the investigation was 838 terminated to the state agency and to the complainant. 839 (b)1. If the Florida Commission on Human Relations 840 determines that reasonable grounds exist to believe that a 841 retaliatory action occurred, is occurring, or is to be taken, 842 the commission must issue a fact-finding report that may include 843 recommendations to the parties or propose a resolution of the 844 complaint. The commission has 60 days after the date of the 845 report to attempt to resolve the complaint. If the complaint 846 remains unresolved upon expiration of the 60-day period, the 847 commission must issue a notice of termination of investigation 848 with cause which must provide to the affected parties a summary 849 of relevant facts found during the investigation and the reason 850 why the investigation was terminated. 851 2. A fact-finding report issued under this paragraph is 852 presumed admissible in evidence in any subsequent judicial or 853 administrative proceeding but is not admissible without the 854 consent of the charging party. 855 (c) Upon receipt of the notice of termination of 856 investigation, a complainant may: 857 1. Bring a civil action in any court of competent 858 jurisdiction within 180 days after rendition of the notice; or 859 2. At least 60 days after rendition of the notice, file a 860 complaint with the Public Employees Relations Commission against 861 the employer-agency regarding the alleged retaliatory action. 862 The Public Employees Relations Commission has jurisdiction over 863 such complaints under ss. 112.3187 and 447.503(4) and (5). 864 Judicial review of any final order of the Public Employees 865 Relations Commission shall be as provided in s. 120.68. 866 (d) The notice provisions of s. 768.28 do not apply to any 867 civil action brought pursuant to ss. 112.3187-112.31895. 868(4)RIGHT TO APPEAL.—869(a)Not more than 60 days after receipt of a notice of870termination of the investigation from the Florida Commission on871Human Relations, the complainant may file, with the Public872Employees Relations Commission, a complaint against the873employer-agency regarding the alleged prohibited personnel874action. The Public Employees Relations Commission shall have875jurisdiction over such complaints under ss. 112.3187 and876447.503(4) and (5).877(b)Judicial review of any final order of the commission878shall be as provided in s. 120.68.879 Section 5. Paragraph (f) of subsection (2) of section 880 14.32, Florida Statutes, is amended to read: 881 14.32 Office of Chief Inspector General.— 882 (2) The Chief Inspector General shall: 883 (f) Coordinate the activities of the Florida Public 884 Whistleblower’sWhistle-blower’sAct pursuant to chapter 112 and 885 maintain the whistleblower’swhistle-blower’shotline to receive 886 complaints and information concerning the possible violation of 887 law or administrative rules, mismanagement, fraud, waste, abuse 888 of authority, malfeasance, or a substantial or specific danger 889 to the health, welfare, or safety of the public. 890 Section 6. Paragraphs (a), (b), and (f) of subsection (7) 891 of section 20.055, Florida Statutes, are amended to read: 892 20.055 Agency inspectors general.— 893 (7) In carrying out the investigative duties and 894 responsibilities specified in this section, each inspector 895 general shall initiate, conduct, supervise, and coordinate 896 investigations designed to detect, deter, prevent, and eradicate 897 fraud, waste, mismanagement, misconduct, and other abuses in 898 state government. For these purposes, each inspector general 899 shall: 900 (a) Receive complaints and coordinate all activities of the 901 agency as required by the Florida Public Whistleblower’s 902Whistle-blower’sAct pursuant to ss. 112.3187-112.31895. 903 (b) Receive and consider the complaints which do not meet 904 the criteria for an investigation under the Florida Public 905 Whistleblower’sWhistle-blower’sAct and conduct, supervise, or 906 coordinate such inquiries, investigations, or reviews as the 907 inspector general deems appropriate. 908 (f) Submit in a timely fashion final reports on 909 investigations conducted by the inspector general to the agency 910 head, except for whistleblower’swhistle-blower’s911 investigations, which shall be conducted and reported pursuant 912 to s. 112.3189. 913 Section 7. Subsection (3) of section 112.31901, Florida 914 Statutes, is amended to read: 915 112.31901 Investigatory records.— 916 (3) This section does not apply to whistleblowerwhistle917blowerinvestigations conducted pursuant to ss. 112.3187, 918 112.3188, 112.3189, and 112.31895. 919 Section 8. Subsection (13) of section 760.06, Florida 920 Statutes, is amended to read: 921 760.06 Powers of the commission.—Within the limitations 922 provided by law, the commission shall have the following powers: 923 (13) To receive complaints and coordinate all activities as 924 required by the Florida Public Whistleblower’sWhistle-blower’s925 Act pursuant to ss. 112.3187-112.31895. 926 Section 9. This act shall take effect July 1, 2020.