11.42  The Auditor General.--

(1)  The Auditor General appointed in this section is the auditor that is required by s. 2, Art. III of the State Constitution.

(2)  The Auditor General shall be appointed to office to serve at the pleasure of the Legislature, by a majority vote of the members of the Legislative Auditing Committee, subject to confirmation by both houses of the Legislature. At the time of her or his appointment, the Auditor General shall have been certified under the Public Accountancy Law in this state for a period of at least 10 years and shall have had not less than 10 years' experience in a governmental agency or 10 years' experience in the private sector or a combination of 10 years' experience in government and the private sector. Vacancies in the office shall be filled in the same manner as the original appointment.

(3)(a)  To carry out her or his duties the Auditor General shall make all spending decisions within the annual operating budget approved by the President of the Senate and the Speaker of the House of Representatives. The Auditor General shall employ qualified persons necessary for the efficient operation of the Auditor General's office and shall fix their duties and compensation and, with the approval of the President of the Senate and the Speaker of the House of Representatives, shall adopt and administer a uniform personnel, job classification, and pay plan for such employees.

(b)  No person shall be employed as a financial auditor who does not possess the qualifications to take the examination for a certificate as certified public accountant under the laws of this state, and no person shall be employed or retained as legal adviser, on either a full-time or a part-time basis, who is not a member of The Florida Bar.

(4)  The Auditor General, before entering upon the duties of the office, shall take and subscribe the oath of office required of state officers by the State Constitution.

(5)  The appointment of the Auditor General may be terminated at any time by a majority vote of both houses of the Legislature.

(6)(a)  The headquarters of the Auditor General shall be at the state capital, but to facilitate auditing and to eliminate unnecessary traveling the Auditor General may establish divisions and assign auditors to each division and determine their duties and the areas of the state to be served by the respective divisions. The Auditor General shall be provided with adequate quarters to carry out the position's functions in the state capital and in other areas of the state.

(b)  All payrolls and vouchers for the operations of the Auditor General's office shall be submitted directly to the Comptroller and, if found to be correct, state warrants shall be issued therefor.

(c)  The Auditor General shall transmit to the President of the Senate and the Speaker of the House of Representatives by January 1 of each year a list of statutory and fiscal changes recommended by audit reports. The recommendations should be presented in two categories: one addressing substantive law and policy issues and the other addressing budget issues. The Auditor General may also transmit recommendations at other times of the year when the information would be timely and useful for the Legislature.

(7)  The Auditor General may make and enforce reasonable rules and regulations necessary to facilitate audits which she or he is authorized to perform.

(8)  No officer or full-time employee of the office of Auditor General shall actively engage in any other business or profession; serve as the representative of any political party or on any executive committee or other governing body thereof; serve as an executive, officer, or employee of any political party committee, organization, or association; or be engaged on behalf of any candidate for public office in the solicitation of votes or other activities in behalf of such candidacy. Neither the Auditor General nor any employee of the Auditor General shall become a candidate for election to public office unless she or he shall first resign from office or employment.

History.--s. 3, ch. 67-470; s. 3, ch. 69-82; s. 1, ch. 86-217; s. 1, ch. 91-162; s. 1, ch. 94-322; s. 1308, ch. 95-147; s. 2, ch. 95-395; s. 24, ch. 96-318; s. 1, ch. 97-2; s. 71, ch. 97-190; s. 1, ch. 99-4; s. 2, ch. 99-333.