Bill Text: FL S1648 | 2016 | Regular Session | Introduced


Bill Title: Whistleblower's Act

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2016-03-11 - Died in Governmental Oversight and Accountability [S1648 Detail]

Download: Florida-2016-S1648-Introduced.html
       Florida Senate - 2016                                    SB 1648
       
       
        
       By Senator Lee
       
       24-01355-16                                           20161648__
    1                        A bill to be entitled                      
    2         An act relating to the Whistleblower’s Act; amending
    3         ss. 14.32 and 20.055, F.S.; conforming provisions to
    4         changes made by the act; amending s. 112.3187, F.S.;
    5         revising a short title; revising legislative intent;
    6         revising, reordering, and providing definitions;
    7         revising the actions that an agency or independent
    8         contractor is prohibited from taking against an
    9         employee who participates in protected activity or
   10         discloses certain information; providing
   11         nonapplicability of whistleblower remedies and
   12         protections to certain persons; revising requirements
   13         related to the disclosure of information and methods
   14         of reporting the information; revising requirements
   15         related to remedies; revising affirmative defenses;
   16         amending s. 112.3188, F.S.; conforming cross
   17         references to changes made by the act; amending s.
   18         112.3189, F.S.; revising applicability of provisions
   19         relating to investigative procedures upon receipt of
   20         whistleblower information; revising powers and
   21         responsibilities of the Chief Inspector General and
   22         agency inspectors general; revising reporting
   23         requirements; reordering and amending s. 112.31895,
   24         F.S.; revising investigative procedures relating to
   25         prohibited personnel actions; revising complaint
   26         requirements; revising fact-finding responsibilities
   27         of the Florida Commission on Human Relations; revising
   28         commission powers and responsibilities; providing
   29         requirements for the termination of an investigation;
   30         amending ss. 112.31901 and 760.06, F.S.; conforming
   31         provisions to changes made by the act; providing an
   32         effective date.
   33          
   34  Be It Enacted by the Legislature of the State of Florida:
   35  
   36         Section 1. Paragraph (f) of subsection (2) of section
   37  14.32, Florida Statutes, is amended to read:
   38         14.32 Office of Chief Inspector General.—
   39         (2) The Chief Inspector General shall:
   40         (f) Coordinate the activities of the Florida Public
   41  Whistleblower’s Whistle-blower’s Act pursuant to chapter 112 and
   42  maintain the whistleblower’s whistle-blower’s hotline to receive
   43  complaints and information concerning the possible violation of
   44  law or administrative rules, mismanagement, fraud, waste, abuse
   45  of authority, malfeasance, or a substantial or specific danger
   46  to the health, welfare, or safety of the public.
   47         Section 2. Paragraphs (a), (b), and (f) of subsection (7)
   48  of section 20.055, Florida Statutes, are amended to read:
   49         20.055 Agency inspectors general.—
   50         (7) In carrying out the investigative duties and
   51  responsibilities specified in this section, each inspector
   52  general shall initiate, conduct, supervise, and coordinate
   53  investigations designed to detect, deter, prevent, and eradicate
   54  fraud, waste, mismanagement, misconduct, and other abuses in
   55  state government. For these purposes, each inspector general
   56  shall:
   57         (a) Receive complaints and coordinate all activities of the
   58  agency as required by the Florida Public Whistleblower’s
   59  Whistle-blower’s Act pursuant to ss. 112.3187-112.31895.
   60         (b) Receive and consider the complaints which do not meet
   61  the criteria for an investigation under the Florida Public
   62  Whistleblower’s Whistle-blower’s Act and conduct, supervise, or
   63  coordinate such inquiries, investigations, or reviews as the
   64  inspector general deems appropriate.
   65         (f) Submit in a timely fashion final reports on
   66  investigations conducted by the inspector general to the agency
   67  head, except for whistleblower’s whistle-blower’s
   68  investigations, which shall be conducted and reported pursuant
   69  to s. 112.3189.
   70         Section 3. Section 112.3187, Florida Statutes, is amended
   71  to read:
   72         112.3187 Adverse action against employee for disclosing
   73  information of specified nature prohibited; employee remedy and
   74  relief.—
   75         (1) SHORT TITLE.—Sections 112.3187-112.31895 may be cited
   76  as the “Florida Public Whistleblower’s Whistle-blower’s Act.”
   77         (2) LEGISLATIVE INTENT.—It is the intent of the Legislature
   78  to prevent agencies or independent contractors from taking
   79  retaliatory action against an employee who reports to an
   80  appropriate agency or supervisory official violations of law on
   81  the part of a public employer or independent contractor that
   82  create a substantial and specific danger to the public’s health,
   83  safety, or welfare. It is further the intent of the Legislature
   84  to prevent agencies or independent contractors from taking
   85  retaliatory action against any person who discloses information
   86  to an appropriate agency or supervisory official alleging acts
   87  of gross mismanagement, malfeasance, misfeasance, gross
   88  misconduct improper use of governmental office, gross waste of
   89  public funds, Medicaid fraud or abuse, or any other abuse or
   90  gross neglect of duty on the part of an agency, public officer,
   91  or employee.
   92         (3) DEFINITIONS.—As used in this act, unless otherwise
   93  specified, the following words or terms shall have the meanings
   94  indicated:
   95         (a) “Agency” means any state, regional, county, local, or
   96  municipal government entity, whether executive, judicial, or
   97  legislative; any official, officer, department, division,
   98  bureau, commission, authority, or political subdivision therein;
   99  or any public school, community college, or state university.
  100         (b) “Employee” means a person who performs services for,
  101  and under the control and direction of, or contracts with, an
  102  agency or independent contractor for wages or other
  103  remuneration. The term includes a current or former employee or
  104  an applicant for employment.
  105         (i)(c) “Retaliatory Adverse personnel action” means the
  106  discharge, suspension, transfer, or demotion of an any employee
  107  or the withholding of bonuses, the reduction in salary or
  108  benefits, or any other adverse action taken against an employee
  109  within the terms and conditions of employment by an agency or
  110  independent contractor that may dissuade a reasonable employee
  111  from reporting or disclosing any activity described in
  112  subparagraphs (h)1. and 2.
  113         (c)“Gross misconduct” means a willful transgression of law
  114  or established rule that is of such a degree or recurrence as to
  115  show a substantial disregard of the employer’s interests or the
  116  employee’s duties and obligations to the public.
  117         (e)(d) “Independent contractor” means a person, other than
  118  an agency, engaged in any business and who enters into a
  119  contract, including a provider agreement, with an agency.
  120         (d)(e) “Gross mismanagement” means a continuous pattern of
  121  managerial abuses, wrongful or arbitrary and capricious actions,
  122  or fraudulent or criminal conduct which may have a substantial
  123  adverse economic impact.
  124         (f)“Malfeasance” means engaging in misconduct or
  125  wrongdoing with a disregard of the employer’s interests or the
  126  employee’s duties and obligations to the public.
  127         (g)“Misfeasance” means the performance of a lawful act in
  128  an improper or illegal manner.
  129         (h)“Protected activity” means:
  130         1.The reporting to an appropriate agency or supervisory
  131  official of violations of law on the part of a public employer
  132  or independent contractor which create a substantial and
  133  specific danger to the public’s health, safety, or welfare.
  134         2.The disclosure of information to an appropriate agency
  135  or supervisory official alleging acts of gross mismanagement,
  136  malfeasance, misfeasance, gross misconduct, gross waste of
  137  public funds, Medicaid fraud or abuse, or gross neglect of duty
  138  on the part of an agency, public officer, or employee.
  139         3.Participation in an investigation, hearing, or other
  140  inquiry pursuant to this section by an agency or federal
  141  government entity.
  142         4.Refusal to participate in any retaliatory action
  143  prohibited by this section.
  144         (j)“State agency” means any official, officer, commission,
  145  board, authority, council, committee, or department of the
  146  executive branch of state government.
  147         (4) ACTIONS PROHIBITED.—
  148         (a) An agency or independent contractor shall not dismiss,
  149  discipline, or take any other retaliatory adverse personnel
  150  action against an employee for participating in protected
  151  activity or for disclosing information pursuant to subsection
  152  (6) the provisions of this section.
  153         (b)An agency or independent contractor shall not take any
  154  adverse action that affects the rights or interests of a person
  155  in retaliation for the person’s disclosure of information under
  156  this section.
  157         (c) The provisions of this subsection shall not be
  158  applicable when an employee or person discloses information
  159  known, or which reasonably should be known, by the employee or
  160  person to be false.
  161         (c)A remedy or protection under ss. 112.3187-112.31895
  162  does not apply to:
  163         1.A person who has committed, or intentionally
  164  participated in committing, a violation or suspected violation
  165  for which protection under ss. 112.3187-112.31895 is being
  166  sought.
  167         2.A person while he or she is under the care, custody, or
  168  control of the state correctional system, or after release from
  169  the care, custody, or control of the state correctional system,
  170  with respect to circumstances that occurred during any period of
  171  incarceration.
  172         (5) NATURE OF INFORMATION DISCLOSED.—
  173         (a) The information disclosed by employees and persons
  174  under this section must include:
  175         1.(a) Any violation or suspected violation of any federal,
  176  state, or local law, rule, or regulation committed by an
  177  employee or agent of an agency or independent contractor which
  178  creates and presents a substantial and specific danger to the
  179  public’s health, safety, or welfare; or.
  180         2.(b) Any act or reasonably suspected act of gross
  181  mismanagement, malfeasance, misfeasance, gross misconduct, gross
  182  waste of public funds, suspected or actual Medicaid fraud or
  183  abuse, or gross neglect of duty committed by an employee or
  184  agent of an agency or independent contractor.
  185         (b)Information disclosed by an employee or former employee
  186  of an independent contractor must relate to provisions of the
  187  contract between the agency and the independent contractor.
  188         (6) TO WHOM INFORMATION DISCLOSED AND METHODS OF
  189  REPORTING.—
  190         (a)Information disclosed under this section alleging an
  191  action on the part of a public employer or independent
  192  contractor that creates a substantial and specific danger to the
  193  public’s health, safety, or welfare, or alleging gross waste of
  194  funds or any other abuse or gross neglect of duty on the part of
  195  an agency, public officer, or employee, shall be disclosed to
  196  the chief inspector general, agency inspector general or
  197  employee designated as agency inspector general under s.
  198  112.3189(1), inspectors general under s. 20.055, or the Florida
  199  Commission on Human Relations.
  200         (b)The information disclosed by an employee or person
  201  pursuant to this subsection or subsection (5) must be submitted
  202  in a written and signed complaint to one of the following:
  203         1.The employee’s supervisory official, the Chief Inspector
  204  General as defined in s. 14.32(1), the agency inspector general,
  205  the employee designated as agency inspector general under s.
  206  112.3189(1), inspectors general under s. 20.055, or to the
  207  Florida Commission on Human Relations. Employees and independent
  208  contractors of the Chief Inspector General, the employee
  209  designated as an agency inspector general, or the Florida
  210  Commission on Human Relations must meet the same requirements as
  211  others affected by this section; or
  212         2.An agency or federal government entity that has
  213  authority to investigate, police, manage, or otherwise remedy
  214  the violation or act.
  215         (c)If a disclosure is related to a local governmental
  216  entity, including any regional, county, or municipal entity,
  217  special district, community college district, or school district
  218  or any political subdivision of any of the foregoing, the
  219  information must be disclosed to a chief executive officer, as
  220  defined in s. 447.203(9), or other appropriate local official.
  221         (d)Information disclosed to any other person or entity
  222  does not qualify for protection under this section The
  223  information disclosed under this section must be disclosed to
  224  any agency or federal government entity having the authority to
  225  investigate, police, manage, or otherwise remedy the violation
  226  or act, including, but not limited to, the Office of the Chief
  227  Inspector General, an agency inspector general or the employee
  228  designated as agency inspector general under s. 112.3189(1) or
  229  inspectors general under s. 20.055, the Florida Commission on
  230  Human Relations, and the whistle-blower’s hotline created under
  231  s. 112.3189. However, for disclosures concerning a local
  232  governmental entity, including any regional, county, or
  233  municipal entity, special district, community college district,
  234  or school district or any political subdivision of any of the
  235  foregoing, the information must be disclosed to a chief
  236  executive officer as defined in s. 447.203(9) or other
  237  appropriate local official.
  238         (7)EMPLOYEES AND PERSONS PROTECTED.—This section protects
  239  employees and persons who disclose information on their own
  240  initiative in a written and signed complaint; who are requested
  241  to participate in an investigation, hearing, or other inquiry
  242  conducted by any agency or federal government entity; who refuse
  243  to participate in any adverse action prohibited by this section;
  244  or who initiate a complaint through the whistle-blower’s hotline
  245  or the hotline of the Medicaid Fraud Control Unit of the
  246  Department of Legal Affairs; or employees who file any written
  247  complaint to their supervisory officials or employees who submit
  248  a complaint to the Chief Inspector General in the Executive
  249  Office of the Governor, to the employee designated as agency
  250  inspector general under s. 112.3189(1), or to the Florida
  251  Commission on Human Relations. The provisions of this section
  252  may not be used by a person while he or she is under the care,
  253  custody, or control of the state correctional system or, after
  254  release from the care, custody, or control of the state
  255  correctional system, with respect to circumstances that occurred
  256  during any period of incarceration. No remedy or other
  257  protection under ss. 112.3187-112.31895 applies to any person
  258  who has committed or intentionally participated in committing
  259  the violation or suspected violation for which protection under
  260  ss. 112.3187-112.31895 is being sought.
  261         (7)(8) REMEDIES.—
  262         (a) Any employee of or applicant for employment with any
  263  state agency or an independent contractor of a state agency, as
  264  the term “state agency” is defined in s. 112.3187(3) 216.011,
  265  who is discharged, disciplined, or subjected to other reta
  266  adverse personnel action, or denied employment, because he or
  267  she engaged in an activity protected by this section may file a
  268  complaint with, which complaint must be made in accordance with
  269  s. 112.31895. Upon receipt of notice from the Florida Commission
  270  on Human Relations. The complaint must be made in accordance
  271  with s. 112.31895 of termination of the investigation, the
  272  complainant may elect to pursue the administrative remedy
  273  available under s. 112.31895 or bring a civil action within 180
  274  days after receipt of the notice.
  275         (b) Within 60 days after the action prohibited by this
  276  section, any local public employee protected by this section may
  277  file a complaint with the appropriate local governmental
  278  authority, if that authority has established by ordinance an
  279  administrative procedure for handling such complaints or has
  280  contracted with the Division of Administrative Hearings under s.
  281  120.65 to conduct hearings under this section. The
  282  administrative procedure created by ordinance must provide for
  283  the complaint to be heard by a panel of impartial persons
  284  appointed by the appropriate local governmental authority. Upon
  285  hearing the complaint, the panel must make findings of fact and
  286  conclusions of law for a final decision by the local
  287  governmental authority. Within 180 days after entry of a final
  288  decision by the local governmental authority, the public
  289  employee who filed the complaint may bring a civil action in any
  290  court of competent jurisdiction. If the local governmental
  291  authority has not established an administrative procedure by
  292  ordinance or contract, a local public employee may, within 180
  293  days after the action prohibited by this section, bring a civil
  294  action in a court of competent jurisdiction. For the purpose of
  295  this paragraph, the term “local governmental authority” includes
  296  any regional, county, or municipal entity, special district,
  297  community college district, or school district or any political
  298  subdivision of any of the foregoing.
  299         (c) Any other person protected by this section may, after
  300  exhausting all available contractual or administrative remedies,
  301  bring a civil action in any court of competent jurisdiction
  302  within 180 days after the action prohibited by this section.
  303         (8)(9) RELIEF.—In any action brought under this section,
  304  the relief must include the following:
  305         (a) Reinstatement of the employee to the same position held
  306  before the retaliatory adverse action was commenced, or to an
  307  equivalent position or reasonable front pay as alternative
  308  relief.
  309         (b) Reinstatement of the employee’s full fringe benefits
  310  and seniority rights, as appropriate.
  311         (c) Compensation, if appropriate, for lost wages, benefits,
  312  or other lost remuneration caused by the adverse action.
  313         (d) Payment of reasonable costs, including attorney
  314  attorney’s fees, to a substantially prevailing employee, or to
  315  the prevailing employer if the employee filed a frivolous action
  316  in bad faith.
  317         (e) Issuance of an injunction, if appropriate, by a court
  318  of competent jurisdiction.
  319         (f) Temporary reinstatement to the employee’s former
  320  position or to an equivalent position, pending the final outcome
  321  on the complaint, if an employee complains of being discharged
  322  in retaliation for a protected disclosure and if a court of
  323  competent jurisdiction or the Florida Commission on Human
  324  Relations, as applicable under s. 112.31895, determines that the
  325  disclosure was not made in bad faith or for a wrongful purpose
  326  or occurred after an agency’s initiation of a personnel action
  327  against the employee which includes documentation of the
  328  employee’s violation of a disciplinary standard or performance
  329  deficiency. This paragraph does not apply to an employee of a
  330  municipality.
  331         (9)(10)AFFIRMATIVE DEFENSES.—It shall be an affirmative
  332  defense to any action brought pursuant to this section that:
  333         (a) The retaliatory adverse action was predicated upon
  334  grounds other than, and would have been taken absent, the
  335  employee’s or person’s exercise of rights protected by this
  336  section; or
  337         (b)The employee or person disclosed information that was
  338  known, or reasonably should have been known, to be false.
  339         (10)(11) EXISTING RIGHTS.—Sections 112.3187-112.31895 do
  340  not diminish the rights, privileges, or remedies of an employee
  341  under any other law or rule or under any collective bargaining
  342  agreement or employment contract; however, the election of
  343  remedies in s. 447.401 also applies to whistleblower whistle
  344  blower actions.
  345         Section 4. Paragraphs (b) and (c) of subsection (2) of
  346  section 112.3188, Florida Statutes, are amended to read:
  347         112.3188 Confidentiality of information given to the Chief
  348  Inspector General, internal auditors, inspectors general, local
  349  chief executive officers, or other appropriate local officials.—
  350         (2)
  351         (b) All information received by a local chief executive
  352  officer or appropriate local official or information produced or
  353  derived from fact-finding or investigations conducted pursuant
  354  to the administrative procedure established by ordinance by a
  355  local government as authorized by s. 112.3187(7)(b) s.
  356  112.3187(8)(b) is confidential and exempt from s. 119.07(1) and
  357  s. 24(a), Art. I of the State Constitution, if the information
  358  is being received or derived from allegations as set forth in
  359  paragraph (1)(a) or paragraph (1)(b) and an investigation is
  360  active.
  361         (c) Information deemed confidential under this section may
  362  be disclosed by the Chief Inspector General, agency inspector
  363  general, local chief executive officer, or other appropriate
  364  local official receiving the information if the recipient
  365  determines that the disclosure of the information is absolutely
  366  necessary to prevent a substantial and specific danger to the
  367  public’s health, safety, or welfare or to prevent the imminent
  368  commission of a crime. Information disclosed under this
  369  subsection may be disclosed only to persons who are in a
  370  position to prevent the danger to the public’s health, safety,
  371  or welfare or to prevent the imminent commission of a crime
  372  based on the disclosed information.
  373         1. An investigation is active under this section if:
  374         a. It is an ongoing investigation or inquiry or collection
  375  of information and evidence and is continuing with a reasonable,
  376  good faith anticipation of resolution in the foreseeable future;
  377  or
  378         b. All or a portion of the matters under investigation or
  379  inquiry are active criminal intelligence information or active
  380  criminal investigative information as defined in s. 119.011.
  381         2. Notwithstanding sub-subparagraph 1.a., an investigation
  382  ceases to be active when:
  383         a. The written report required under s. 112.3189(9) has
  384  been sent by the Chief Inspector General to the recipients named
  385  in s. 112.3189(9);
  386         b. It is determined that an investigation is not necessary
  387  under s. 112.3189(5); or
  388         c. A final decision has been rendered by the local
  389  government or by the Division of Administrative Hearings
  390  pursuant to s. 112.3187(7)(b) s. 112.3187(8)(b).
  391         3. Notwithstanding paragraphs (a), (b), and this paragraph,
  392  information or records received or produced under this section
  393  which are otherwise confidential under law or exempt from
  394  disclosure under chapter 119 retain their confidentiality or
  395  exemption.
  396         4. Any person who willfully and knowingly discloses
  397  information or records made confidential under this subsection
  398  commits a misdemeanor of the first degree, punishable as
  399  provided in s. 775.082 or s. 775.083.
  400         Section 5. Section 112.3189, Florida Statutes, is amended
  401  to read:
  402         112.3189 Investigative procedures upon receipt of
  403  whistleblower whistle-blower information from certain state and
  404  independent contractor employees.—
  405         (1) This section only applies to the disclosure of
  406  information as described in s. 112.3187(5) by an employee or
  407  former employee of, or an applicant for employment with, a state
  408  agency, as the term “state agency” is defined in s. 112.3187(3),
  409  or by an employee or a former employee of a state agency’s
  410  independent contractor 216.011, to the Office of the Chief
  411  Inspector General of the Executive Office of the Governor or to
  412  the agency inspector general. If an agency does not have an
  413  inspector general, the head of the state agency, as defined in
  414  s. 112.3187(3) 216.011, shall designate an employee, in
  415  consultation with the Chief Inspector General, who meets the
  416  requirements provided in s. 20.055(4) to receive information
  417  described in s. 112.3187(5). For purposes of this section and s.
  418  112.3188 only, the employee designated by the head of the state
  419  agency is shall be deemed an agency inspector general.
  420         (2) To facilitate the receipt of information described in
  421  subsection (1), the Chief Inspector General shall periodically
  422  maintain an in-state toll-free whistle-blower’s hotline and
  423  shall circulate among the various state agencies an advisory for
  424  all employees which indicates how to file a whistleblower
  425  complaint the existence of the toll-free number and its purpose
  426  and provides an address to which written whistle-blower
  427  information may be forwarded.
  428         (3) When a person alleges information described in s.
  429  112.3187(5), the Chief Inspector General or agency inspector
  430  general actually receiving such information shall within 20 days
  431  of receiving such information determine:
  432         (a) Whether the information disclosed is the type of
  433  information described in s. 112.3187(5).
  434         (b) Whether the source of the information is a person who
  435  is an employee or former employee of, or an applicant for
  436  employment with, a state agency, as defined in s. 112.3187(3),
  437  or an employee or former employee of a state agency’s
  438  independent contractor 216.011.
  439         (c) Whether the information actually disclosed demonstrates
  440  reasonable cause to suspect that an employee or agent of an
  441  agency or independent contractor has violated any federal,
  442  state, or local law, rule, or regulation, thereby creating and
  443  presenting a substantial and specific danger to the public’s
  444  health, safety, or welfare, or has committed an act of gross
  445  mismanagement, gross misconduct malfeasance, misfeasance, gross
  446  waste of public funds, or gross neglect of duty.
  447         (4) If the Chief Inspector General or agency inspector
  448  general under subsection (3) determines that the information
  449  disclosed is not the type of information described in s.
  450  112.3187(5), or that the source of the information is not a
  451  person who is an employee or former employee of, or an applicant
  452  for employment with, a state agency, as defined in s.
  453  112.3187(3), or an employee or a former employee of a state
  454  agency’s independent contractor 216.011, or that the information
  455  disclosed does not demonstrate reasonable cause to suspect that
  456  an employee or agent of an agency or independent contractor has
  457  violated any federal, state, or local law, rule, or regulation,
  458  thereby creating and presenting a substantial and specific
  459  danger to the public’s health, safety, or welfare, or has
  460  committed an act of gross mismanagement, gross misconduct
  461  malfeasance, misfeasance, gross waste of public funds, or gross
  462  neglect of duty, the Chief Inspector General or agency inspector
  463  general shall notify the complainant of such fact and copy and
  464  return, upon request of the complainant, any documents and other
  465  materials that were provided by the complainant.
  466         (5)(a) If the Chief Inspector General or agency inspector
  467  general under subsection (3) determines that the information
  468  disclosed is the type of information described in s.
  469  112.3187(5), that the source of the information is from a person
  470  who is an employee or former employee of, or an applicant for
  471  employment with, a state agency, as defined in s. 112.3187(3),
  472  or an employee or former employee of a state agency’s
  473  independent contractor 216.011, and that the information
  474  disclosed demonstrates reasonable cause to suspect that an
  475  employee or agent of an agency or independent contractor has
  476  violated any federal, state, or local law, rule, or regulation,
  477  thereby creating a substantial and specific danger to the
  478  public’s health, safety, or welfare, or has committed an act of
  479  gross mismanagement, gross misconduct malfeasance, misfeasance,
  480  gross waste of public funds, or gross neglect of duty, the Chief
  481  Inspector General or agency inspector general making such
  482  determination shall then conduct an investigation, unless the
  483  Chief Inspector General or the agency inspector general
  484  determines, within 30 days after receiving the allegations from
  485  the complainant, that such investigation is unnecessary. For
  486  purposes of this subsection, the Chief Inspector General or the
  487  agency inspector general shall consider the following factors,
  488  but is not limited to only the following factors, when deciding
  489  whether the investigation is not necessary:
  490         (a)1. The gravity of the disclosed information compared to
  491  the time and expense of an investigation.
  492         (b)2. The potential for an investigation to yield
  493  recommendations that will make state government more efficient
  494  and effective.
  495         (c)3. The benefit to state government to have a final
  496  report on the disclosed information.
  497         (d)4. Whether the alleged whistleblower whistle-blower
  498  information primarily concerns personnel practices that may be
  499  investigated under chapter 110.
  500         (e)5. Whether another agency may be conducting an
  501  investigation and whether any investigation under this section
  502  could be duplicative.
  503         (f)6. The time that has elapsed between the alleged event
  504  and the disclosure of the information.
  505         (b)If the Chief Inspector General or agency inspector
  506  general determines under paragraph (a) that an investigation is
  507  not necessary, the Chief Inspector General or agency inspector
  508  general making such determination shall:
  509         1.Copy and return, upon request of the complainant, any
  510  documents and other materials provided by the individual who
  511  made the disclosure.
  512         2.Inform in writing the head of the state agency for the
  513  agency inspector general making the determination that the
  514  investigation is not necessary and the individual who made the
  515  disclosure of the specific reasons why an investigation is not
  516  necessary and why the disclosure will not be further acted on
  517  under this section.
  518         (6) The agency inspector general may conduct an
  519  investigation pursuant to subsection (5) paragraph (5)(a) only
  520  if the person transmitting information to the agency inspector
  521  general is an employee or a former employee of, or an applicant
  522  for employment with, the agency inspector general’s agency, or
  523  is an employee or a former employee of the agency’s independent
  524  contractor. The agency inspector general shall:
  525         (a) Conduct an investigation with respect to the
  526  information and any related matters.
  527         (b) Submit to the complainant and the Chief Inspector
  528  General, within 90 60 days after the date on which a
  529  determination to conduct an investigation is made under
  530  subsection (5) paragraph (5)(a), a final written report that
  531  sets forth the agency inspector general’s findings, conclusions,
  532  and recommendations, except as provided under subsection (11).
  533  The complainant shall be advised in writing by the agency
  534  inspector general head that the complainant may submit to the
  535  Chief Inspector General and agency inspector general comments on
  536  the final report within 10 20 days of the date of the report and
  537  that such comments will be attached to the final report.
  538         (7) If the Chief Inspector General decides an investigation
  539  should be conducted pursuant to subsection (5) paragraph (5)(a),
  540  the Chief Inspector General shall either:
  541         (a) Promptly transmit to the appropriate head of the state
  542  agency inspector general the information with respect to which
  543  the determination to conduct an investigation was made, and such
  544  agency inspector general head shall conduct an investigation and
  545  submit to the Chief Inspector General a final written report
  546  that sets forth the agency inspector general’s head’s findings,
  547  conclusions, and recommendations; or
  548         (b)1. Conduct an investigation with respect to the
  549  information and any related matters; and
  550         2. Submit to the complainant within 90 60 days after the
  551  date on which a determination to conduct an investigation is
  552  made under subsection (5) paragraph (5)(a), a final written
  553  report that sets forth the Chief Inspector General’s findings,
  554  conclusions, and recommendations, except as provided under
  555  subsection (11). The complainant shall be advised in writing by
  556  the Chief Inspector General that the complainant may submit to
  557  the Chief Inspector General comments on the final report within
  558  10 20 days of the date of the report and that such comments will
  559  be attached to the final report.
  560         (c) The Chief Inspector General may require an agency
  561  inspector general or the employee designated as agency inspector
  562  general under s. 112.3189(1) head to conduct an investigation
  563  under paragraph (a) only if the information was transmitted to
  564  the Chief Inspector General by:
  565         1. An employee or a former employee of, or an applicant for
  566  employment with, the agency, or an employee or a former employee
  567  of the agency’s independent contractor, that the information
  568  concerns; or
  569         2. An employee who obtained the information in connection
  570  with the performance of the employee’s duties and
  571  responsibilities.
  572         (8) Final reports required under this section must be
  573  reviewed and signed by the person responsible for conducting the
  574  investigation (agency inspector general, employee designated as
  575  agency inspector general under s. 112.3189(1) agency head, or
  576  Chief Inspector General) and must include:
  577         (a) A summary of the information with respect to which the
  578  investigation was initiated.
  579         (b) A description of the conduct of the investigation.
  580         (c) A summary of any evidence obtained from the
  581  investigation.
  582         (d) A listing of any violation or apparent violation of any
  583  law, rule, or regulation.
  584         (e) A description of any action taken or planned as a
  585  result of the investigation, such as:
  586         1. A change in an agency rule, regulation, or practice.
  587         2. The restoration of an aggrieved employee.
  588         3. A disciplinary action against an employee.
  589         4. The referral to the Department of Law Enforcement of any
  590  evidence of a criminal violation.
  591         (9)(a) A report required of the agency inspector general
  592  head under paragraph (7)(a) shall be submitted to the Chief
  593  Inspector General and the complainant within 90 60 days after
  594  the agency inspector general head receives the complaint from
  595  the Chief Inspector General, except as provided under subsection
  596  (11). The complainant shall be advised in writing by the agency
  597  inspector general head that the complainant may submit to the
  598  Chief Inspector General comments on the report within 10 20 days
  599  of the date of the report and that such comments will be
  600  attached to the final report.
  601         (b) Upon receiving a final report required under this
  602  section, the Chief Inspector General shall review the report and
  603  determine whether the report contains the information required
  604  by subsection (8). If the report does not contain the
  605  information required by subsection (8), the Chief Inspector
  606  General shall determine why and note the reasons on an addendum
  607  to the final report.
  608         (c) The Chief Inspector General shall transmit any final
  609  report under this section, any comments provided by the
  610  complainant, and any appropriate comments or recommendations by
  611  the Chief Inspector General to the Governor, the Legislative
  612  Auditing Committee, the investigating agency, and the Chief
  613  Financial Officer.
  614         (d) If the Chief Inspector General does not receive the
  615  report of the agency inspector general head within the time
  616  prescribed in paragraph (a), the Chief Inspector General may
  617  conduct the investigation in accordance with paragraph (7)(b) or
  618  request that another agency inspector general conduct the
  619  investigation in accordance with subsection (6) and shall report
  620  the complaint to the Governor, to the Joint Legislative Auditing
  621  Committee, and to the investigating agency, together with a
  622  statement noting the failure of the agency inspector general
  623  head to file the required report.
  624         (10) For any time period set forth in subsections (3), (6),
  625  (7), and (9), such time period may be extended in writing by the
  626  Chief Inspector General for good cause shown.
  627         (11) If an investigation under this section produces
  628  evidence of a criminal violation, the report shall not be
  629  transmitted to the complainant, and the agency head or agency
  630  inspector general shall notify the Chief Inspector General and
  631  the Department of Law Enforcement.
  632         Section 6. Section 112.31895, Florida Statutes, is
  633  reordered and amended to read:
  634         112.31895 Investigative procedures in response to
  635  retaliatory prohibited personnel actions.—
  636         (1) COMPLAINT PROCEDURES.—
  637         (a) If a disclosure or other protected activity under s.
  638  112.3187 includes or results in alleged retaliatory action
  639  retaliation by an employer, the employee or former employee of,
  640  or applicant for employment with, a state agency, as defined in
  641  s. 112.3187(3), or the employee or former employee of a state
  642  agency’s independent contractor 216.011, that is so affected may
  643  file a complaint alleging a retaliatory prohibited personnel
  644  action, which complaint must be made by filing a written and
  645  signed complaint with the Office of the Chief Inspector General
  646  in the Executive Office of the Governor or the Florida
  647  Commission on Human Relations, no later than 90 60 days after
  648  the prohibited personnel action.
  649         (b) Within 5 three working days after receiving a complaint
  650  under this section, the office or officer receiving the
  651  complaint shall acknowledge receipt of the complaint and provide
  652  copies of the complaint and any other preliminary information
  653  available concerning the disclosure of information under s.
  654  112.3187 to each of the other parties named in paragraph (a) and
  655  to the agency, which parties shall each acknowledge receipt of
  656  such copies to the complainant.
  657         (3)(2) FACT FINDING.—The Florida Commission on Human
  658  Relations shall:
  659         (a) Upon receipt of an Receive any allegation of a
  660  retaliatory personnel action prohibited by s. 112.3187,
  661  including a proposed or potential action, and conduct an
  662  investigation informal fact finding regarding any allegation
  663  under this section, to the extent necessary to determine whether
  664  there are reasonable grounds to believe that a retaliatory
  665  prohibited personnel action under s. 112.3187 has occurred, is
  666  occurring, or is to be taken.
  667         (b)Notify the complainant, within 15 days after receiving
  668  a complaint, that the complaint has been received by the
  669  department.
  670         (b)(c) Within 120 90 days after receiving the complaint is
  671  filed, determine whether reasonable grounds exist to believe
  672  that a retaliatory action occurred, is occurring, or is to be
  673  taken provide the agency head and the complainant with a fact
  674  finding report that may include recommendations to the parties
  675  or proposed resolution of the complaint. The fact-finding report
  676  shall be presumed admissible in any subsequent or related
  677  administrative or judicial review.
  678         (2)(3)POWERS OF THE FLORIDA COMMISSION ON HUMAN RELATIONS
  679  CORRECTIVE ACTION AND TERMINATION OF INVESTIGATION.—
  680         (a) The Florida Commission on Human Relations, in
  681  accordance with this act and for the sole purpose of this act,
  682  is empowered to:
  683         1. Receive and investigate complaints from employees
  684  alleging retaliation by state agencies, as the term “state
  685  agency” is defined in s. 112.3187(3), and by independent
  686  contractors 216.011.
  687         2. Protect employees and applicants for employment with
  688  such agencies from retaliatory actions prohibited personnel
  689  practices under s. 112.3187.
  690         3. Petition for stays and petition for corrective actions,
  691  including, but not limited to, temporary reinstatement.
  692         4. Recommend disciplinary proceedings pursuant to
  693  investigation and appropriate agency rules and procedures.
  694         5. Coordinate with the Chief Inspector General in the
  695  Executive Office of the Governor and the Florida Commission on
  696  Human Relations to receive, review, and forward to appropriate
  697  agencies, legislative entities, or the Department of Law
  698  Enforcement disclosures of a violation of any law, rule, or
  699  regulation, or disclosures of gross mismanagement, malfeasance,
  700  misfeasance, nonfeasance, neglect of duty, or gross waste of
  701  public funds.
  702         6. Review rules pertaining to personnel matters issued or
  703  proposed by the Department of Management Services, the Public
  704  Employees Relations Commission, and other agencies, and, if the
  705  Florida Commission on Human Relations finds that any rule or
  706  proposed rule, on its face or as implemented, requires the
  707  commission of a prohibited personnel practice, provide a written
  708  comment to the appropriate agency.
  709         7. Investigate, request assistance from other governmental
  710  entities, and, if appropriate, bring actions concerning,
  711  allegations of retaliation by state agencies under subparagraph
  712  1.
  713         8. Administer oaths, examine witnesses, take statements,
  714  issue subpoenas, order the taking of depositions, order
  715  responses to written interrogatories, and make appropriate
  716  motions to limit discovery, pursuant to investigations under
  717  subparagraph 1.
  718         9. Intervene or otherwise participate, as a matter of
  719  right, in any appeal or other proceeding arising under this
  720  section before the Public Employees Relations Commission or any
  721  other appropriate agency, except that the Florida Commission on
  722  Human Relations must comply with the rules of the commission or
  723  other agency and may not seek corrective action or intervene in
  724  an appeal or other proceeding without the consent of the person
  725  protected under ss. 112.3187-112.31895.
  726         10. Conduct an investigation, in the absence of an
  727  allegation, to determine whether reasonable grounds exist to
  728  believe that a prohibited action or a pattern of prohibited
  729  action has occurred, is occurring, or is to be taken.
  730         (b) Within 15 days after receiving a complaint that a
  731  person has been discharged from employment allegedly for
  732  engaging in disclosing protected activity information under s.
  733  112.3187, the Florida Commission on Human Relations shall review
  734  the information and determine whether temporary reinstatement is
  735  appropriate under s. 112.3187(8)(f) s. 112.3187(9)(f). If the
  736  Florida Commission on Human Relations so determines, based upon
  737  a legal review of the complaint and accompanying materials, it
  738  shall apply for an expedited order to show cause from the
  739  appropriate agency or circuit court for the immediate
  740  reinstatement of the employee who has been discharged subsequent
  741  to the disclosure made under s. 112.3187, pending the issuance
  742  of the final outcome of order on the complaint.
  743         (c)The Florida Commission on Human Relations may request
  744  an agency or a circuit court to order a stay, on such terms as
  745  the court requires, of any personnel action for 45 days if the
  746  commission determines that reasonable grounds exist to believe
  747  that a retaliatory action has occurred, is occurring, or is to
  748  be taken. The commission may request that such stay be extended
  749  for appropriate periods of time.
  750         (c)The Florida Commission on Human Relations shall notify
  751  a complainant of the status of the investigation and any action
  752  taken at such times as the commission considers appropriate.
  753         (d)If the Florida Commission on Human Relations is unable
  754  to conciliate a complaint within 60 days after receipt of the
  755  fact-finding report, the Florida Commission on Human Relations
  756  shall terminate the investigation. Upon termination of any
  757  investigation, the Florida Commission on Human Relations shall
  758  notify the complainant and the agency head of the termination of
  759  the investigation, providing a summary of relevant facts found
  760  during the investigation and the reasons for terminating the
  761  investigation. A written statement under this paragraph is
  762  presumed admissible as evidence in any judicial or
  763  administrative proceeding but is not admissible without the
  764  consent of the complainant.
  765         (e)1.The Florida Commission on Human Relations may request
  766  an agency or circuit court to order a stay, on such terms as the
  767  court requires, of any personnel action for 45 days if the
  768  Florida Commission on Human Relations determines that reasonable
  769  grounds exist to believe that a prohibited personnel action has
  770  occurred, is occurring, or is to be taken. The Florida
  771  Commission on Human Relations may request that such stay be
  772  extended for appropriate periods of time.
  773         (d)2. If, in connection with any investigation under this
  774  section, it is determined the Florida Commission on Human
  775  Relations determines that reasonable grounds exist to believe
  776  that a criminal violation has occurred which has not previously
  777  been reported prohibited action has occurred, is occurring, or
  778  is to be taken which requires corrective action, the Florida
  779  Commission on Human Relations shall report the determination
  780  together with any findings or recommendations to the agency head
  781  and may report that determination and those findings and
  782  recommendations to the Department of Law Enforcement and to the
  783  state attorney having jurisdiction over the matter Governor and
  784  the Chief Financial Officer. The Florida Commission on Human
  785  Relations may include in the report recommendations for
  786  corrective action to be taken.
  787         3.If, after 20 days, the agency does not implement the
  788  recommended action, the Florida Commission on Human Relations
  789  shall terminate the investigation and notify the complainant of
  790  the right to appeal under subsection (4), or may petition the
  791  agency for corrective action under this subsection.
  792         4.If the Florida Commission on Human Relations finds, in
  793  consultation with the individual subject to the prohibited
  794  action, that the agency has implemented the corrective action,
  795  the commission shall file such finding with the agency head,
  796  together with any written comments that the individual provides,
  797  and terminate the investigation.
  798         (f)If the Florida Commission on Human Relations finds that
  799  there are no reasonable grounds to believe that a prohibited
  800  personnel action has occurred, is occurring, or is to be taken,
  801  the commission shall terminate the investigation.
  802         (g)1.If, in connection with any investigation under this
  803  section, it is determined that reasonable grounds exist to
  804  believe that a criminal violation has occurred which has not
  805  been previously reported, the Florida Commission on Human
  806  Relations shall report this determination to the Department of
  807  Law Enforcement and to the state attorney having jurisdiction
  808  over the matter.
  809         (e)2. If an alleged criminal violation has been reported,
  810  the Florida Commission on Human Relations shall confer with the
  811  Department of Law Enforcement and the state attorney before
  812  proceeding with the investigation of the prohibited personnel
  813  action and may defer the investigation pending completion of the
  814  criminal investigation and proceedings. The Florida Commission
  815  on Human Relations shall inform the complainant of the decision
  816  to defer the investigation and, if appropriate, of the
  817  confidentiality of the investigation.
  818         (f)(h) If, in connection with any investigation under this
  819  section, the Florida Commission on Human Relations determines
  820  that reasonable grounds exist to believe that a violation of a
  821  law, rule, or regulation has occurred, other than a criminal
  822  violation or a prohibited action under this section, the
  823  commission may report such violation to the head of the agency
  824  involved. Within 30 days after the agency receives the report,
  825  the agency head shall provide to the commission a certification
  826  that states that the head of the agency has personally reviewed
  827  the report and indicates what action has been or is to be taken
  828  and when the action will be completed.
  829         (g)(i) During any investigation under this section,
  830  disciplinary action may not be taken against any employee of a
  831  state agency, as the term “state agency” is defined in s.
  832  112.3187(3) 216.011, for reporting an alleged prohibited
  833  personnel action that is under investigation, or for reporting
  834  any related activity, or against any employee for participating
  835  in an investigation without notifying the Florida Commission on
  836  Human Relations.
  837         (h)(j) The Florida Commission on Human Relations may also
  838  petition for an award of reasonable attorney’s fees and expenses
  839  from a state agency, as the term “state agency” is defined in s.
  840  112.3187(3) 216.011, pursuant to s. 112.3187(8) s. 112.3187(9).
  841         (4)NOTICE OF TERMINATION.—
  842         (a)If the commission determines that reasonable grounds do
  843  not exist to believe that a retaliatory action occurred, is
  844  occurring, or is to be taken, the commission must issue a
  845  termination of investigation for no cause, which must provide
  846  the reason for terminating the investigation to the state agency
  847  and to the complainant.
  848         (b)1.If the commission determines that reasonable grounds
  849  exist to believe that a retaliatory action occurred, is
  850  occurring, or is to be taken, the commission must issue a fact
  851  finding report which may include recommendations to the parties
  852  or propose a resolution of the complaint. The commission has 60
  853  days after the date of the report to attempt to resolve the
  854  complaint. If the complaint remains unresolved upon expiration
  855  of the 60-day period, the commission must issue a notice of
  856  termination of investigation with cause which must provide to
  857  the affected parties a summary of relevant facts found during
  858  the investigation and the reason for terminating the
  859  investigation.
  860         2.A fact-finding report issued under this paragraph is
  861  presumed admissible in evidence in any subsequent judicial or
  862  administrative proceeding, but is not admissible without the
  863  consent of the charging party.
  864         (c)Upon receipt of the notice of termination of
  865  investigation, a complainant may:
  866         1.Bring a civil action in any court of competent
  867  jurisdiction within 180 days after rendition of the notice; or
  868         2.At least 60 days after rendition of the notice, file a
  869  complaint with the Public Employees Relations Commission against
  870  the employer-agency regarding the alleged retaliatory action.
  871  The Public Employees Relations Commission has jurisdiction over
  872  such complaints under ss. 112.3187 and 447.503(4) and (5).
  873  Judicial review of any final order of the Public Employees
  874  Relations Commission shall be as provided in s. 120.68.
  875         (d)The notice provisions of s. 768.28 do not apply to any
  876  civil action brought pursuant to ss. 112.3187-112.31895.
  877         (4)RIGHT TO APPEAL.—
  878         (a)Not more than 60 days after receipt of a notice of
  879  termination of the investigation from the Florida Commission on
  880  Human Relations, the complainant may file, with the Public
  881  Employees Relations Commission, a complaint against the
  882  employer-agency regarding the alleged prohibited personnel
  883  action. The Public Employees Relations Commission shall have
  884  jurisdiction over such complaints under ss. 112.3187 and
  885  447.503(4) and (5).
  886         (b)Judicial review of any final order of the commission
  887  shall be as provided in s. 120.68.
  888         Section 7. Subsection (3) of section 112.31901, Florida
  889  Statutes, is amended to read:
  890         112.31901 Investigatory records.—
  891         (3) This section does not apply to whistleblower whistle
  892  blower investigations conducted pursuant to ss. 112.3187,
  893  112.3188, 112.3189, and 112.31895.
  894         Section 8. Subsection (13) of section 760.06, Florida
  895  Statutes, is amended to read:
  896         760.06 Powers of the commission.—Within the limitations
  897  provided by law, the commission shall have the following powers:
  898         (13) To receive complaints and coordinate all activities as
  899  required by the Florida Public Whistleblower’s Whistle-blower’s
  900  Act pursuant to ss. 112.3187-112.31895.
  901         Section 9. This act shall take effect July 1, 2016.

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