Bill Text: FL S1488 | 2019 | Regular Session | Introduced
Bill Title: Whistleblower's Act
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2019-05-03 - Died in Governmental Oversight and Accountability [S1488 Detail]
Download: Florida-2019-S1488-Introduced.html
Florida Senate - 2019 SB 1488 By Senator Brandes 24-01833-19 20191488__ 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 nonapplicability of whistleblower remedies 10 and protections to certain persons; revising 11 requirements related to the disclosure of information 12 and methods of reporting the information; revising 13 requirements related to remedies; revising affirmative 14 defenses; amending s. 112.3189, F.S.; revising 15 applicability of provisions relating to investigative 16 procedures upon receipt of whistleblower information; 17 revising powers and responsibilities of the Chief 18 Inspector General and agency inspectors general; 19 revising reporting requirements; reordering and 20 amending s. 112.31895, F.S.; revising investigative 21 procedures relating to prohibited personnel actions; 22 revising complaint requirements; revising fact-finding 23 responsibilities of the Florida Commission on Human 24 Relations; revising commission powers and 25 responsibilities; providing requirements for the 26 termination of an investigation; amending ss. 14.32, 27 20.055, 112.3188, 112.31901, and 760.06, F.S.; 28 conforming provisions and cross-references to changes 29 made by the act; providing an effective date. 30 31 Be It Enacted by the Legislature of the State of Florida: 32 33 Section 1. Section 112.3187, Florida Statutes, is amended 34 to read: 35 112.3187 Adverse action against employee for disclosing 36 information of specified nature prohibited; employee remedy and 37 relief.— 38 (1) SHORT TITLE.—Sections 112.3187-112.31895 may be cited 39 as the “Florida Public Whistleblower’sWhistle-blower’sAct.” 40 (2) LEGISLATIVE INTENT.—It is the intent of the Legislature 41 to prevent agencies or independent contractors from taking 42 retaliatory action against an employee who reports to an 43 appropriate agency or supervisory official violations of law on 44 the part of a public employer or independent contractor that 45 create a substantial and specific danger to the public’s health, 46 safety, or welfare. It is further the intent of the Legislature 47 to prevent agencies or independent contractors from taking 48 retaliatory action against any person who discloses information 49 to an appropriate agency or supervisory official alleging acts 50 of gross mismanagement, malfeasance, misfeasance, gross 51 misconductimproper use of governmental office, gross waste of 52 public funds, Medicaid fraud or abuse,or any other abuseor 53 gross neglect of duty on the part of an agency, public officer, 54 or employee. 55 (3) DEFINITIONS.—As used in this act, unless otherwise 56 specified, the following words or terms shall have the meanings 57 indicated: 58 (a) “Agency” means any state, regional, county, local, or 59 municipal government entity, whether executive, judicial, or 60 legislative; any official, officer, department, division, 61 bureau, commission, authority, or political subdivision therein; 62 or any public school, community college, or state university. 63 (b) “Employee” means a person who performs services for, 64 and under the control and direction of, or contracts with, an 65 agency or independent contractor for wages or other 66 remuneration. The term includes a current or former employee or 67 an applicant for employment. 68 (i)(c)“RetaliatoryAdverse personnelaction” means the 69 discharge, suspension, transfer, or demotion of ananyemployee 70 or the withholding of bonuses, the reduction in salary or 71 benefits, or any other adverse action taken against an employee 72within the terms and conditions of employmentby an agency or 73 independent contractor which may dissuade a reasonable employee 74 from reporting or disclosing any protected activity described in 75 subparagraphs (h)1. and 2. 76 (c) “Gross misconduct” means a willful transgression of law 77 or established rule which is of such a degree or recurrence as 78 to show a substantial disregard of the employer’s interests or 79 the employee’s duties and obligations to the public. 80 (e)(d)“Independent contractor” means a person, other than 81 an agency, engaged in any business and who enters into a 82 contract, including a provider agreement, with an agency. 83 (d)(e)“Gross mismanagement” means a continuous pattern of 84 managerial abuses, wrongful or arbitrary and capricious actions, 85 or fraudulent or criminal conduct which may have a substantial 86 adverse economic impact. 87 (f) “Malfeasance” means engaging in misconduct or 88 wrongdoing with a disregard of the employer’s interests or the 89 employee’s duties and obligations to the public. 90 (g) “Misfeasance” means the performance of a lawful act in 91 an improper or illegal manner. 92 (h) “Protected activity” means any of the following: 93 1. The reporting to an appropriate agency or supervisory 94 official of violations of law on the part of a public employer 95 or independent contractor which create a substantial and 96 specific danger to the public’s health, safety, or welfare. 97 2. The disclosure of information to an appropriate agency 98 or supervisory official alleging acts of gross mismanagement, 99 malfeasance, misfeasance, gross misconduct, gross waste of 100 public funds, Medicaid fraud or abuse, or gross neglect of duty 101 on the part of an agency, public officer, or employee. 102 3. Participation in an investigation, hearing, or other 103 inquiry pursuant to this section by an agency or federal 104 government entity. 105 4. Refusal to participate in any retaliatory action 106 prohibited by this section. 107 (j) “State agency” means any official, officer, commission, 108 board, authority, council, committee, or department of the 109 executive branch of state government. 110 (4) ACTIONS PROHIBITED.— 111 (a) An agency or independent contractor shall not dismiss, 112 discipline, or take any other retaliatoryadverse personnel113 action against an employee for participating in protected 114 activity or for disclosing information pursuant to subsection 115 (6)the provisions of this section. 116 (b)An agency or independent contractor shall not take any117adverse action that affects the rights or interests of a person118in retaliation for the person’s disclosure of information under119this section.120(c)The provisions ofThis subsection isshallnotbe121 applicable when an employee or person discloses information 122 known, or which reasonably should be known, by the employee or 123 person to be false. 124 (c) A remedy or protection under ss. 112.3187-112.31895 125 does not apply to: 126 1. A person who has committed, or intentionally 127 participated in committing, a violation or suspected violation 128 for which protection under ss. 112.3187-112.31895 is being 129 sought. 130 2. A person while he or she is under the care, custody, or 131 control of the state correctional system, or after release from 132 the care, custody, or control of the state correctional system, 133 with respect to circumstances that occurred during any period of 134 incarceration. 135 (5) NATURE OF INFORMATION DISCLOSED.— 136 (a) The information disclosed by employees and persons 137 under this section must include: 138 1.(a)Any violation or suspected violation of any federal, 139 state, or local law, rule, or regulation committed by an 140 employee or agent of an agency or independent contractor which 141 creates and presents a substantial and specific danger to the 142 public’s health, safety, or welfare; or.143 2.(b)Any act or reasonably suspected act of gross 144 mismanagement, malfeasance, misfeasance, gross misconduct, gross 145 waste of public funds,suspected or actualMedicaid fraud or 146 abuse, or gross neglect of duty committed by an employee or 147 agent of an agency or independent contractor. 148 (b) Information disclosed by an employee or former employee 149 of an independent contractor must relate to provisions of the 150 contract between the agency and the independent contractor. 151 (6) TO WHOM INFORMATION DISCLOSED AND METHODS OF 152 REPORTING.— 153 (a) Information disclosed under this section alleging an 154 action on the part of a public employer or an independent 155 contractor which creates a substantial and specific danger to 156 the public’s health, safety, or welfare, or alleging gross waste 157 of funds or any other abuse or gross neglect of duty on the part 158 of an agency, a public officer, or an employee, must be 159 disclosed to the chief inspector general, agency inspector 160 general or employee designated as agency inspector general under 161 s. 112.3189(1), inspectors general under s. 20.055, or the 162 Florida Commission on Human Relations. 163 (b) The information disclosed by an employee or a person 164 pursuant to this subsection or subsection (5) must be submitted 165 in the form of a written and signed complaint to one of the 166 following: 167 1. The employee’s supervisory official, the Chief Inspector 168 General as defined in s. 14.32(1), the agency inspector general, 169 the employee designated as agency inspector general under s. 170 112.3189(1), inspectors general under s. 20.055, or to the 171 Florida Commission on Human Relations. Employees and independent 172 contractors of the Chief Inspector General, the employee 173 designated as an agency inspector general, or the Florida 174 Commission on Human Relations must meet the same requirements as 175 others affected by this section; or 176 2. An agency or a federal governmental entity that has 177 authority to investigate, police, manage, or otherwise remedy 178 the violation or act. 179 (c) If a disclosure is related to a local governmental 180 entity, including any regional, county, or municipal entity; 181 special district; community college district; or school 182 district, or any political subdivision thereof, the information 183 must be disclosed to a chief executive officer, as defined in s. 184 447.203(9), or other appropriate local official. 185 (d) Information disclosed to any other person or entity 186 does not qualify for protection under this sectionThe187information disclosed under this section must be disclosed to188any agency or federal government entity having the authority to189investigate, police, manage, or otherwise remedy the violation190or act, including, but not limited to, the Office of the Chief191Inspector General, an agency inspector general or the employee192designated as agency inspector general under s. 112.3189(1) or193inspectors general under s. 20.055, the Florida Commission on194Human Relations, and the whistle-blower’s hotline created under195s. 112.3189. However, for disclosures concerning a local196governmental entity, including any regional, county, or197municipal entity, special district, community college district,198or school district or any political subdivision of any of the199foregoing, the information must be disclosed to a chief200executive officer as defined in s. 447.203(9) or other201appropriate local official. 202(7)EMPLOYEES AND PERSONS PROTECTED.—This section protects203employees and persons who disclose information on their own204initiative in a written and signed complaint; who are requested205to participate in an investigation, hearing, or other inquiry206conducted by any agency or federal government entity; who refuse207to participate in any adverse action prohibited by this section;208or who initiate a complaint through the whistle-blower’s hotline209or the hotline of the Medicaid Fraud Control Unit of the210Department of Legal Affairs; or employees who file any written211complaint to their supervisory officials or employees who submit212a complaint to the Chief Inspector General in the Executive213Office of the Governor, to the employee designated as agency214inspector general under s. 112.3189(1), or to the Florida215Commission on Human Relations. The provisions of this section216may not be used by a person while he or she is under the care,217custody, or control of the state correctional system or, after218release from the care, custody, or control of the state219correctional system, with respect to circumstances that occurred220during any period of incarceration. No remedy or other221protection under ss. 112.3187-112.31895 applies to any person222who has committed or intentionally participated in committing223the violation or suspected violation for which protection under224ss. 112.3187-112.31895 is being sought.225 (7)(8)REMEDIES.— 226 (a) Any employee of or applicant for employment with any 227 state agency or an independent contractor of a state agency, as 228 the term “state agency” is defined in s. 112.3187(3)s.216.011, 229 who is discharged, disciplined, or subjected to other 230 retaliatoryadverse personnelaction, or denied employment, 231 because he or she engaged in an activity protected by this 232 section may file a complaint with, which complaint must be made233in accordance with s. 112.31895. Upon receipt of notice fromthe 234 Florida Commission on Human Relations. The complaint must be 235 made in accordance with the requirements of s. 112.31895of236termination of the investigation, the complainant may elect to237pursue the administrative remedy available under s. 112.31895 or238bring a civil action within 180 days after receipt of the239notice. 240 (b) Within 60 days after the action prohibited by this 241 section, any local public employee protected by this section may 242 file a complaint with the appropriate local governmental 243 authority, if that authority has established by ordinance an 244 administrative procedure for handling such complaints or has 245 contracted with the Division of Administrative Hearings under s. 246 120.65 to conduct hearings under this section. The 247 administrative procedure created by ordinance must provide for 248 the complaint to be heard by a panel of impartial persons 249 appointed by the appropriate local governmental authority. Upon 250 hearing the complaint, the panel must make findings of fact and 251 conclusions of law for a final decision by the local 252 governmental authority. Within 180 days after entry of a final 253 decision by the local governmental authority, the public 254 employee who filed the complaint may bring a civil action in any 255 court of competent jurisdiction. If the local governmental 256 authority has not established an administrative procedure by 257 ordinance or contract, a local public employee may, within 180 258 days after the action prohibited by this section, bring a civil 259 action in a court of competent jurisdiction. For the purpose of 260 this paragraph, the term “local governmental authority” includes 261 any regional, county, or municipal entity, special district, 262 community college district, or school district or any political 263 subdivision of any of the foregoing. 264 (c) Any other person protected by this section may, after 265 exhausting all available contractual or administrative remedies, 266 bring a civil action in any court of competent jurisdiction 267 within 180 days after the action prohibited by this section. 268 (8)(9)RELIEF.—In any action brought under this section, 269 the relief must include the following: 270 (a) Reinstatement of the employee to the same position held 271 before the retaliatoryadverseaction was commenced, or to an 272 equivalent position or reasonable front pay as alternative 273 relief. 274 (b) Reinstatement of the employee’s full fringe benefits 275 and seniority rights, as appropriate. 276 (c) Compensation, if appropriate, for lost wages, benefits, 277 or other lost remuneration caused by the adverse action. 278 (d) Payment of reasonable costs, including attorney 279attorney’sfees, to a substantially prevailing employee, or to 280 the prevailing employer if the employee filed a frivolous action 281 in bad faith. 282 (e) Issuance of an injunction, if appropriate, by a court 283 of competent jurisdiction. 284 (f) Temporary reinstatement to the employee’s former 285 position or to an equivalent position, pending the final outcome 286 on the complaint, if an employee complains of being discharged 287 in retaliation for a protected disclosure and if a court of 288 competent jurisdiction or the Florida Commission on Human 289 Relations, as applicable under s. 112.31895, determines that the 290 disclosure was not made in bad faith or for a wrongful purpose 291 or occurred after an agency’s initiation of a personnel action 292 against the employee which includes documentation of the 293 employee’s violation of a disciplinary standard or performance 294 deficiency. This paragraph does not apply to an employee of a 295 municipality. 296 (9)(10)AFFIRMATIVE DEFENSES.—It shall be an affirmative 297 defense to any action brought pursuant to this section that: 298 (a) The retaliatoryadverseaction was predicated upon 299 grounds other than, and would have been taken absent, the 300 employee’s or person’s exercise of rights protected by this 301 section; or 302 (b) The employee or person disclosed information that was 303 known, or reasonably should have been known, to be false. 304 (10)(11)EXISTING RIGHTS.—Sections 112.3187-112.31895 do 305 not diminish the rights, privileges, or remedies of an employee 306 under any other law or rule or under any collective bargaining 307 agreement or employment contract; however, the election of 308 remedies in s. 447.401 also applies to whistleblowerwhistle309bloweractions. 310 Section 2. Section 112.3189, Florida Statutes, is amended 311 to read: 312 112.3189 Investigative procedures upon receipt of 313 whistleblowerwhistle-blowerinformation from certain state and 314 independent contractor employees.— 315 (1) This section only applies to the disclosure of 316 information as described in s. 112.3187(5) by an employee or a 317 former employee of, or an applicant for employment with, a state 318 agency, as the term “state agency” is defined in s. 112.3187(3), 319 or by an employee or a former employee of a state agency’s 320 independent contractors.216.011, to theOffice of theChief 321 Inspector Generalof the Executive Office of the Governoror to 322 the agency inspector general. If an agency does not have an 323 inspector general, the head of the state agency, as defined in 324 s. 112.3187(3)s.216.011, shall designate an employee, in 325 consultation with the Chief Inspector General, who meets the 326 requirements provided in s. 20.055(4) to receive information 327 described in s. 112.3187(5). For purposes of this section and s. 328 112.3188 only, the employee designated by the head of the state 329 agency isshall bedeemed an agency inspector general. 330 (2) To facilitate the receipt of information described in 331 subsection (1), the Chief Inspector General shall periodically 332maintain an in-state toll-free whistle-blower’s hotline and333shallcirculate among the various state agencies an advisory for 334 all employees which indicates how to file a whistleblower 335 complaintthe existence of the toll-free number and its purpose336and provides an address to which written whistle-blower337information may be forwarded. 338 (3) When a person alleges information described in s. 339 112.3187(5), the Chief Inspector General or agency inspector 340 general actually receiving such information shall within 20 days 341 of receiving such information determine: 342 (a) Whether the information disclosed is the type of 343 information described in s. 112.3187(5). 344 (b) Whether the source of the information is a person who 345 is an employee or former employee of, or an applicant for 346 employment with, a state agency, as defined in s. 112.3187(3), 347 or an employee or a former employee of a state agency’s 348 independent contractors.216.011. 349 (c) Whether the information actually disclosed demonstrates 350 reasonable cause to suspect that an employee or agent of an 351 agency or independent contractor has violated any federal, 352 state, or local law, rule, or regulation, thereby creating and 353 presenting a substantial and specific danger to the public’s 354 health, safety, or welfare, or has committed an act of gross 355 mismanagement, gross misconductmalfeasance, misfeasance, gross 356 waste of public funds, or gross neglect of duty. 357 (4) If the Chief Inspector General or agency inspector 358 general under subsection (3) determines that the information 359 disclosed is not the type of information described in s. 360 112.3187(5), or that the source of the information is not a 361 person who is an employee or former employee of, or an applicant 362 for employment with, a state agency, as defined in s. 363 112.3187(3), or an employee or a former employee of a state 364 agency’s independent contractors.216.011, or that the 365 information disclosed does not demonstrate reasonable cause to 366 suspect that an employee or agent of an agency or independent 367 contractor has violated any federal, state, or local law, rule, 368 or regulation, thereby creating and presenting a substantial and 369 specific danger to the public’s health, safety, or welfare, or 370 has committed an act of gross mismanagement, gross misconduct 371malfeasance, misfeasance, gross waste of public funds, or gross 372 neglect of duty, the Chief Inspector General or agency inspector 373 general shall notify the complainant of such fact and copy and 374 return, upon request of the complainant, any documents and other 375 materials that were provided by the complainant. 376 (5)(a)If the Chief Inspector General or agency inspector 377 general under subsection (3) determines that the information 378 disclosed is the type of information described in s. 379 112.3187(5), that the source of the information is from a person 380 who is an employee or a former employee of, or an applicant for 381 employment with, a state agency, as defined in s. 112.3187(3), 382 or an employee or a former employee of a state agency’s 383 independent contractors.216.011, and that the information 384 disclosed demonstrates reasonable cause to suspect that an 385 employee or agent of an agency or independent contractor has 386 violated any federal, state, or local law, rule, or regulation, 387 thereby creating a substantial and specific danger to the 388 public’s health, safety, or welfare, or has committed an act of 389 gross mismanagement, gross misconductmalfeasance, misfeasance, 390 gross waste of public funds, or gross neglect of duty, the Chief 391 Inspector General or agency inspector general making such 392 determination shall then conduct an investigation, unless the 393 Chief Inspector General or the agency inspector general 394 determines, within 30 days after receiving the allegations from 395 the complainant, that such investigation is unnecessary. For 396 purposes of this subsection, the Chief Inspector General or the 397 agency inspector general shall consider the following factors, 398 but is not limited to only the following factors, when deciding 399 whether the investigation is not necessary: 400 (a)1.The gravity of the disclosed information compared to 401 the time and expense of an investigation. 402 (b)2.The potential for an investigation to yield 403 recommendations that will make state government more efficient 404 and effective. 405 (c)3.The benefit to state government to have a final 406 report on the disclosed information. 407 (d)4.Whether the alleged whistleblowerwhistle-blower408 information primarily concerns personnel practices that may be 409 investigated under chapter 110. 410 (e)5.Whether another agency may be conducting an 411 investigation and whether any investigation under this section 412 could be duplicative. 413 (f)6.The time that has elapsed between the alleged event 414 and the disclosure of the information. 415(b)If the Chief Inspector General or agency inspector416general determines under paragraph (a) that an investigation is417not necessary, the Chief Inspector General or agency inspector418general making such determination shall:4191.Copy and return, upon request of the complainant, any420documents and other materials provided by the individual who421made the disclosure.4222.Inform in writing the head of the state agency for the423agency inspector general making the determination that the424investigation is not necessary and the individual who made the425disclosure of the specific reasons why an investigation is not426necessary and why the disclosure will not be further acted on427under this section.428 (6) The agency inspector general may conduct an 429 investigation pursuant to subsection (5)paragraph (5)(a)only 430 if the person transmitting information to the agency inspector 431 general is an employee or a former employee of, or an applicant 432 for employment with, the agency inspector general’s agency, or 433 is an employee or a former employee of the agency’s independent 434 contractor. The agency inspector general shall: 435 (a) Conduct an investigation with respect to the 436 information and any related matters. 437 (b) Submit to the complainant and the Chief Inspector 438 General, within 9060days after the date on which a 439 determination to conduct an investigation is made under 440 subsection (5)paragraph (5)(a), a final written report that 441 sets forth the agency inspector general’s findings, conclusions, 442 and recommendations, except as provided under subsection (11). 443 The complainant shall be advised in writing by the agency 444 inspector generalheadthat the complainant may submit to the 445 Chief Inspector General and agency inspector general comments on 446 the final report within 1020days of the date of the report and 447 that such comments will be attached to the final report. 448 (7) If the Chief Inspector General decides an investigation 449 should be conducted pursuant to subsection (5)paragraph (5)(a), 450 the Chief Inspector General shall either: 451 (a) Promptly transmit to the appropriatehead of the state452 agency inspector general the information with respect to which 453 the determination to conduct an investigation was made, and such 454 agency inspector generalheadshall conduct an investigation and 455 submit to the Chief Inspector General a final written report 456 that sets forth the agency inspector general’shead’sfindings, 457 conclusions, and recommendations; or 458 (b)1. Conduct an investigation with respect to the 459 information and any related matters; and 460 2. Submit to the complainant within 9060days after the 461 date on which a determination to conduct an investigation is 462 made under subsection (5)paragraph (5)(a), a final written 463 report that sets forth the Chief Inspector General’s findings, 464 conclusions, and recommendations, except as provided under 465 subsection (11). The complainant shall be advised in writing by 466 the Chief Inspector General that the complainant may submit to 467 the Chief Inspector General comments on the final report within 468 1020days of the date of the report and that such comments will 469 be attached to the final report. 470 (c) The Chief Inspector General may require an agency 471 inspector general or the employee designated as agency inspector 472 general under s. 112.3189(1)headto conduct an investigation 473 under paragraph (a) only if the information was transmitted to 474 the Chief Inspector General by: 475 1. An employee or a former employee of, or an applicant for 476 employment with, the agency, or an employee or a former employee 477 of the agency’s independent contractor, that the information 478 concerns; or 479 2. An employee who obtained the information in connection 480 with the performance of the employee’s duties and 481 responsibilities. 482 (8) Final reports required under this section must be 483 reviewed and signed by the person responsible for conducting the 484 investigation (agency inspector general, employee designated as 485 agency inspector general under s. 112.3189(1)agency head, or 486 Chief Inspector General) and must include: 487 (a) A summary of the information with respect to which the 488 investigation was initiated. 489 (b) A description of the conduct of the investigation. 490 (c) A summary of any evidence obtained from the 491 investigation. 492 (d) A listing of any violation or apparent violation of any 493 law, rule, or regulation. 494 (e) A description of any action taken or planned as a 495 result of the investigation, such as: 496 1. A change in an agency rule, regulation, or practice. 497 2. The restoration of an aggrieved employee. 498 3. A disciplinary action against an employee. 499 4. The referral to the Department of Law Enforcement of any 500 evidence of a criminal violation. 501 (9)(a) A report required of the agency inspector general 502headunder paragraph (7)(a) shall be submitted to the Chief 503 Inspector General and the complainant within 9060days after 504 the agency inspector generalheadreceives the complaint from 505 the Chief Inspector General, except as provided under subsection 506 (11). The complainant shall be advised in writing by the agency 507 inspector generalheadthat the complainant may submit to the 508 Chief Inspector General comments on the report within 1020days 509 of the date of the report and that such comments will be 510 attached to the final report. 511 (b) Upon receiving a final report required under this 512 section, the Chief Inspector General shall review the report and 513 determine whether the report contains the information required 514 by subsection (8). If the report does not contain the 515 information required by subsection (8), the Chief Inspector 516 General shall determine why and note the reasons on an addendum 517 to the final report. 518 (c) The Chief Inspector General shall transmit any final 519 report under this section, any comments provided by the 520 complainant, and any appropriate comments or recommendations by 521 the Chief Inspector General to the Governor, the Legislative 522 Auditing Committee, the investigating agency, and the Chief 523 Financial Officer. 524 (d) If the Chief Inspector General does not receive the 525 report of the agency inspector generalheadwithin the time 526 prescribed in paragraph (a), the Chief Inspector General may 527 conduct the investigation in accordance with paragraph (7)(b) or 528 request that another agency inspector general conduct the 529 investigation in accordance with subsection (6) and shall report 530 the complaint to the Governor, to the Joint Legislative Auditing 531 Committee, and to the investigating agency, together with a 532 statement noting the failure of the agency inspector general 533headto file the required report. 534 (10) For any time period set forth in subsections (3), (6), 535 (7), and (9), such time period may be extended in writing by the 536 Chief Inspector General for good cause shown. 537 (11) If an investigation under this section produces 538 evidence of a criminal violation, the report shall not be 539 transmitted to the complainant, and the agency head or agency 540 inspector general shall notify the Chief Inspector General and 541 the Department of Law Enforcement. 542 Section 3. Section 112.31895, Florida Statutes, is 543 reordered and amended to read: 544 112.31895 Investigative procedures in response to 545 retaliatoryprohibited personnelactions.— 546 (1) COMPLAINT PROCEDURES.— 547 (a) If a disclosure or other protected activity under s. 548 112.3187 includes or results in alleged retaliatory action 549retaliationby an employer, the employee or former employee of, 550 or applicant for employment with, a state agency, as defined in 551 s. 112.3187(3), or the employee or former employee of a state 552 agency’s independent contractor whichs.216.011, thatis so 553 affected may file a complaint alleging a retaliatoryprohibited554personnelaction, which complaint must be made by filing a 555 written and signed complaint with the Office of the Chief 556 Inspector General in the Executive Office of the Governor or the 557 Florida Commission on Human Relations, no later than 9060days 558 after the prohibited personnel action. 559 (b) Within 5threeworking days after receiving a complaint 560 under this section, the office or officer receiving the 561 complaint shall acknowledge receipt of the complaint and provide 562 copies of the complaint and any other preliminary information 563 available concerning the disclosure of information under s. 564 112.3187 to each of the other parties named in paragraph (a) and 565 to the agency, which parties shall each acknowledge receipt of566such copies to the complainant. 567 (3)(2)FACT FINDING.—The Florida Commission on Human 568 Relations shall: 569 (a) Upon receipt of anReceive anyallegation of a 570 retaliatorypersonnelaction prohibited by s. 112.3187, 571 including a proposed or potential action,andconduct an 572 investigationinformal fact finding regarding any allegation573under this section, to the extent necessaryto determine whether 574 there are reasonable grounds to believe that a retaliatory 575prohibitedpersonnelaction under s. 112.3187 has occurred, is 576 occurring, or is to be taken. 577(b)Notify the complainant, within 15 days after receiving578a complaint, that the complaint has been received by the579department.580 (b)(c)Within 12090days afterreceivingthe complaint is 581 filed, determine whether reasonable grounds exist to believe 582 that a retaliatory action occurred, is occurring, or is to be 583 takenprovide the agency head and the complainant with a fact584finding report that may include recommendations to the parties585or proposed resolution of the complaint. The fact-finding report586shall be presumed admissible in any subsequent or related587administrative or judicial review. 588 (2)(3)POWERS OF THE FLORIDA COMMISSION ON HUMAN RELATIONS 589CORRECTIVE ACTION AND TERMINATION OF INVESTIGATION.— 590 (a) The Florida Commission on Human Relations, in 591 accordance with this act and for the sole purpose of this act, 592 is empowered to: 593 1. Receive and investigate complaints from employees 594 alleging retaliation by state agencies, as the term “state 595 agency” is defined in s. 112.3187(3), and by independent 596 contractorss.216.011. 597 2. Protect employees and applicants for employment with 598 such agencies from retaliatory actionsprohibited personnel599practicesunder s. 112.3187. 600 3. Petition for stays and petition for corrective actions, 601 including, but not limited to, temporary reinstatement. 602 4. Recommend disciplinary proceedings pursuant to 603 investigation and appropriate agency rules and procedures. 604 5. Coordinate with the Chief Inspector General in the 605 Executive Office of the Governor and the Florida Commission on 606 Human Relations to receive, review, and forward to appropriate 607 agencies, legislative entities, or the Department of Law 608 Enforcement disclosures of a violation of any law, rule, or 609 regulation, or disclosures of gross mismanagement, malfeasance, 610 misfeasance, nonfeasance, neglect of duty, or gross waste of 611 public funds. 612 6. Review rules pertaining to personnel matters issued or 613 proposed by the Department of Management Services, the Public 614 Employees Relations Commission, and other agencies, and, if the 615 Florida Commission on Human Relations finds that any rule or 616 proposed rule, on its face or as implemented, requires the 617 commission of a prohibited personnel practice, provide a written 618 comment to the appropriate agency. 619 7. Investigate, request assistance from other governmental 620 entities, and, if appropriate, bring actions concerning, 621 allegations of retaliation by state agencies under subparagraph 622 1. 623 8. Administer oaths, examine witnesses, take statements, 624 issue subpoenas, order the taking of depositions, order 625 responses to written interrogatories, and make appropriate 626 motions to limit discovery, pursuant to investigations under 627 subparagraph 1. 628 9. Intervene or otherwise participate, as a matter of 629 right, in any appeal or other proceeding arising under this 630 section before the Public Employees Relations Commission or any 631 other appropriate agency, except that the Florida Commission on 632 Human Relations must comply with the rules of the commission or 633 other agency and may not seek corrective action or intervene in 634 an appeal or other proceeding without the consent of the person 635 protected under ss. 112.3187-112.31895. 636 10. Conduct an investigation, in the absence of an 637 allegation, to determine whether reasonable grounds exist to 638 believe that a prohibited action or a pattern of prohibited 639 action has occurred, is occurring, or is to be taken. 640 (b) Within 15 days after receiving a complaint that a 641 person has been discharged from employment allegedly for 642 engaging indisclosingprotected activityinformationunder s. 643 112.3187, the Florida Commission on Human Relations shall review 644 the information and determine whether temporary reinstatement is 645 appropriate under s. 112.3187(8)(f)s. 112.3187(9)(f). If the 646 Florida Commission on Human Relations so determines, based upon 647 a legal review of the complaint and accompanying materials, it 648 shall apply for an expedited order to show cause from the 649 appropriate agency or circuit court for the immediate 650 reinstatement of the employee who has been discharged subsequent 651 to the disclosure made under s. 112.3187, pending theissuance652of thefinal outcome oforder onthe complaint. 653(c)The Florida Commission on Human Relations shall notify654a complainant of the status of the investigation and any action655taken at such times as the commission considers appropriate.656(d)If the Florida Commission on Human Relations is unable657to conciliate a complaint within 60 days after receipt of the658fact-finding report, the Florida Commission on Human Relations659shall terminate the investigation. Upon termination of any660investigation, the Florida Commission on Human Relations shall661notify the complainant and the agency head of the termination of662the investigation, providing a summary of relevant facts found663during the investigation and the reasons for terminating the664investigation. A written statement under this paragraph is665presumed admissible as evidence in any judicial or666administrative proceeding but is not admissible without the667consent of the complainant.668 (c)(e)1.The Florida Commission on Human Relations may 669 request an agency or a circuit court to order a stay, on such 670 terms as the court requires, of any personnel action for 45 days 671 if theFloridacommissionon Human Relationsdetermines that 672 reasonable grounds exist to believe that a retaliatory 673prohibited personnelaction has occurred, is occurring, or is to 674 be taken. TheFloridacommissionon Human Relationsmay request 675 that such stay be extended for appropriate periods of time. 676 (d)2.If, in connection with any investigation under this 677 section, it is determinedthe Florida Commission on Human678Relations determinesthat reasonable grounds exist to believe 679 that a criminal violation has occurred which has not previously 680 been reportedprohibited action has occurred, is occurring, or681is to be taken which requires corrective action, the Florida 682 Commission on Human Relations shall report the determination 683together with any findings or recommendations to the agency head684and may report that determination and those findings and685recommendationsto the Department of Law Enforcement and to the 686 state attorney having jurisdiction over the matterGovernor and687the Chief Financial Officer. The Florida Commission on Human688Relations may include in the report recommendations for689corrective action to be taken. 6903.If, after 20 days, the agency does not implement the691recommended action, the Florida Commission on Human Relations692shall terminate the investigation and notify the complainant of693the right to appeal under subsection (4), or may petition the694agency for corrective action under this subsection.6954.If the Florida Commission on Human Relations finds, in696consultation with the individual subject to the prohibited697action, that the agency has implemented the corrective action,698the commission shall file such finding with the agency head,699together with any written comments that the individual provides,700and terminate the investigation.701(f)If the Florida Commission on Human Relations finds that702there are no reasonable grounds to believe that a prohibited703personnel action has occurred, is occurring, or is to be taken,704the commission shall terminate the investigation.705(g)1.If, in connection with any investigation under this706section, it is determined that reasonable grounds exist to707believe that a criminal violation has occurred which has not708been previously reported, the Florida Commission on Human709Relations shall report this determination to the Department of710Law Enforcement and to the state attorney having jurisdiction711over the matter.712 (e)2.If an alleged criminal violation has been reported, 713 the Florida Commission on Human Relations shall confer with the 714 Department of Law Enforcement and the state attorney before 715 proceeding with the investigation of the prohibited personnel 716 action and may defer the investigation pending completion of the 717 criminal investigation and proceedings. The Florida Commission 718 on Human Relations shall inform the complainant of the decision 719 to defer the investigation and, if appropriate, of the 720 confidentiality of the investigation. 721 (f)(h)If, in connection with any investigation under this 722 section, the Florida Commission on Human Relations determines 723 that reasonable grounds exist to believe that a violation of a 724 law, rule, or regulation has occurred, other than a criminal 725 violation or a prohibited action under this section, the 726 commission may report such violation to the head of the agency 727 involved. Within 30 days after the agency receives the report, 728 the agency head shall provide to the commission a certification 729 that states that the head of the agency has personally reviewed 730 the report and indicates what action has been or is to be taken 731 and when the action will be completed. 732 (g)(i)During any investigation under this section, 733 disciplinary action may not be taken against any employee of a 734 state agency, as the term “state agency” is defined in s. 735 112.3187(3)s.216.011, for reporting an alleged prohibited 736 personnel action that is under investigation, or for reporting 737 any related activity, or against any employee for participating 738 in an investigation without notifying the Florida Commission on 739 Human Relations. 740 (h)(j)The Florida Commission on Human Relations may also 741 petition for an award of reasonable attorney’s fees and expenses 742 from a state agency, as the term “state agency” is defined in s. 743 112.3187(3)s.216.011, pursuant to s. 112.3187(8)s.744112.3187(9). 745 (4) NOTICE OF TERMINATION.— 746 (a) If the Florida Commission on Human Relations determines 747 that reasonable grounds do not exist to believe that a 748 retaliatory action occurred, is occurring, or is to be taken, 749 the commission must issue a termination of investigation for no 750 cause, which must provide the reason for terminating the 751 investigation to the state agency and to the complainant. 752 (b)1. If the Florida Commission on Human Relations 753 determines that reasonable grounds exist to believe that a 754 retaliatory action occurred, is occurring, or is to be taken, 755 the commission must issue a fact-finding report that may include 756 recommendations to the parties or propose a resolution of the 757 complaint. The commission has 60 days after the date of the 758 report to attempt to resolve the complaint. If the complaint 759 remains unresolved upon expiration of the 60-day period, the 760 commission must issue a notice of termination of investigation 761 with cause which must provide to the affected parties a summary 762 of relevant facts found during the investigation and the reason 763 for terminating the investigation. 764 2. A fact-finding report issued under this paragraph is 765 presumed admissible in evidence in any subsequent judicial or 766 administrative proceeding but is not admissible without the 767 consent of the charging party. 768 (c) Upon receipt of the notice of termination of 769 investigation, a complainant may: 770 1. Bring a civil action in any court of competent 771 jurisdiction within 180 days after rendition of the notice; or 772 2. At least 60 days after rendition of the notice, file a 773 complaint with the Public Employees Relations Commission against 774 the employer-agency regarding the alleged retaliatory action. 775 The Public Employees Relations Commission has jurisdiction over 776 such complaints under ss. 112.3187 and 447.503(4) and (5). 777 Judicial review of any final order of the Public Employees 778 Relations Commission shall be as provided in s. 120.68. 779 (d) The notice provisions of s. 768.28 do not apply to any 780 civil action brought pursuant to ss. 112.3187-112.31895. 781(4)RIGHT TO APPEAL.—782(a)Not more than 60 days after receipt of a notice of783termination of the investigation from the Florida Commission on784Human Relations, the complainant may file, with the Public785Employees Relations Commission, a complaint against the786employer-agency regarding the alleged prohibited personnel787action. The Public Employees Relations Commission shall have788jurisdiction over such complaints under ss. 112.3187 and789447.503(4) and (5).790(b)Judicial review of any final order of the commission791shall be as provided in s. 120.68.792 Section 4. Paragraph (f) of subsection (2) of section 793 14.32, Florida Statutes, is amended to read: 794 14.32 Office of Chief Inspector General.— 795 (2) The Chief Inspector General shall: 796 (f) Coordinate the activities of the Florida Public 797 Whistleblower’sWhistle-blower’sAct pursuant to chapter 112 and 798 maintain the whistleblower’swhistle-blower’shotline to receive 799 complaints and information concerning the possible violation of 800 law or administrative rules, mismanagement, fraud, waste, abuse 801 of authority, malfeasance, or a substantial or specific danger 802 to the health, welfare, or safety of the public. 803 Section 5. Paragraphs (a), (b), and (f) of subsection (7) 804 of section 20.055, Florida Statutes, are amended to read: 805 20.055 Agency inspectors general.— 806 (7) In carrying out the investigative duties and 807 responsibilities specified in this section, each inspector 808 general shall initiate, conduct, supervise, and coordinate 809 investigations designed to detect, deter, prevent, and eradicate 810 fraud, waste, mismanagement, misconduct, and other abuses in 811 state government. For these purposes, each inspector general 812 shall: 813 (a) Receive complaints and coordinate all activities of the 814 agency as required by the Florida Public Whistleblower’s 815Whistle-blower’sAct pursuant to ss. 112.3187-112.31895. 816 (b) Receive and consider the complaints which do not meet 817 the criteria for an investigation under the Florida Public 818 Whistleblower’sWhistle-blower’sAct and conduct, supervise, or 819 coordinate such inquiries, investigations, or reviews as the 820 inspector general deems appropriate. 821 (f) Submit in a timely fashion final reports on 822 investigations conducted by the inspector general to the agency 823 head, except for whistleblower’swhistle-blower’s824 investigations, which shall be conducted and reported pursuant 825 to s. 112.3189. 826 Section 6. Paragraphs (b) and (c) of subsection (2) of 827 section 112.3188, Florida Statutes, are amended to read: 828 112.3188 Confidentiality of information given to the Chief 829 Inspector General, internal auditors, inspectors general, local 830 chief executive officers, or other appropriate local officials.— 831 (2) 832 (b) All information received by a local chief executive 833 officer or appropriate local official or information produced or 834 derived from fact-finding or investigations conducted pursuant 835 to the administrative procedure established by ordinance by a 836 local government as authorized by s. 112.3187(7)(b)s.837112.3187(8)(b)is confidential and exempt from s. 119.07(1) and 838 s. 24(a), Art. I of the State Constitution, if the information 839 is being received or derived from allegations as set forth in 840 paragraph (1)(a) or paragraph (1)(b) and an investigation is 841 active. 842 (c) Information deemed confidential under this section may 843 be disclosed by the Chief Inspector General, agency inspector 844 general, local chief executive officer, or other appropriate 845 local official receiving the information if the recipient 846 determines that the disclosure of the information is absolutely 847 necessary to prevent a substantial and specific danger to the 848 public’s health, safety, or welfare or to prevent the imminent 849 commission of a crime. Information disclosed under this 850 subsection may be disclosed only to persons who are in a 851 position to prevent the danger to the public’s health, safety, 852 or welfare or to prevent the imminent commission of a crime 853 based on the disclosed information. 854 1. An investigation is active under this section if: 855 a. It is an ongoing investigation or inquiry or collection 856 of information and evidence and is continuing with a reasonable, 857 good faith anticipation of resolution in the foreseeable future; 858 or 859 b. All or a portion of the matters under investigation or 860 inquiry are active criminal intelligence information or active 861 criminal investigative information as defined in s. 119.011. 862 2. Notwithstanding sub-subparagraph 1.a., an investigation 863 ceases to be active when: 864 a. The written report required under s. 112.3189(9) has 865 been sent by the Chief Inspector General to the recipients named 866 in s. 112.3189(9); 867 b. It is determined that an investigation is not necessary 868 under s. 112.3189(5); or 869 c. A final decision has been rendered by the local 870 government or by the Division of Administrative Hearings 871 pursuant to s. 112.3187(7)(b)s. 112.3187(8)(b). 872 3. Notwithstanding paragraphs (a), (b), and this paragraph, 873 information or records received or produced under this section 874 which are otherwise confidential under law or exempt from 875 disclosure under chapter 119 retain their confidentiality or 876 exemption. 877 4. Any person who willfully and knowingly discloses 878 information or records made confidential under this subsection 879 commits a misdemeanor of the first degree, punishable as 880 provided in s. 775.082 or s. 775.083. 881 Section 7. Subsection (3) of section 112.31901, Florida 882 Statutes, is amended to read: 883 112.31901 Investigatory records.— 884 (3) This section does not apply to whistleblowerwhistle885blowerinvestigations conducted pursuant to ss. 112.3187, 886 112.3188, 112.3189, and 112.31895. 887 Section 8. Subsection (13) of section 760.06, Florida 888 Statutes, is amended to read: 889 760.06 Powers of the commission.—Within the limitations 890 provided by law, the commission shall have the following powers: 891 (13) To receive complaints and coordinate all activities as 892 required by the Florida Public Whistleblower’sWhistle-blower’s893 Act pursuant to ss. 112.3187-112.31895. 894 Section 9. This act shall take effect July 1, 2019.