Fla. Admin. Code R. 33-208.003
Violations of the foregoing Rules of Conduct as well as other departmental and institutional policies will result in disciplinary actions, which may be by written reprimand, suspension, demotion or dismissal.
Any employee who feels that unjust disciplinary action has been given has the right to submit a grievance as established by the grievance procedures of the Department of Corrections. For disciplinary actions involving, suspension, demotion, or dismissal, permanent Career Service employees have the right to appeal to the Public Employees Relations Commission. Violation of more than one rule shall be considered in the application of discipline and may result in greater discipline than specified for one offense alone. Any questions regarding these rules and personnel procedures should be referred to the employee's circuit administrator, warden or personnel officer.
The preceding section titled Rules of Conduct and the following list of offenses and work deficiencies with their ranges of disciplinary actions will be used by this Department in administering an effective disciplinary program.
The severity of penalties may vary depending upon the frequency and nature of a particular offense and the circumstances surrounding each case. While the following guidelines are not a substitute for impartial supervision and effective management, and do not set absolute minimum and maximum penalties, it is expected that all Disciplinary Authorities will consider them, the seriousness of the offense, and an employee's entire work history in reaching disciplinary decisions.
Suspensions shall not exceed eighty work hours.
Offense or Deficiency | First Occurrence | Second Occurrence | Third Occurrence | Fourth Occurrence |
(1) Gambling during work time | Written Reprimand | Written Reprimand, Suspension | Suspension, Demotion, Dismissal | Dismissal |
(2) Wrestling or Horseplay during work time | Suspension, Demotion, Dismissal | Dismissal | Dismissal | Dismissal |
(3) Inappropriate Idleness while working | Written Reprimand, Suspension | Written Reprimand, Suspension, Demotion, Dismissal | Suspension, Demotion, Dismissal | Dismissal |
(4) Tardiness | Written Reprimand | Suspension | Suspension, Demotion, Dismissal | Dismissal |
(5) Excessive Absenteeism | Written Reprimand | Suspension | Suspension, Demotion, Dismissal | Dismissal |
(6) Malicious Use of Profane or Abusive Language Toward Inmates, Visitors, or Persons Under Supervision | Written Reprimand, Suspension, Demotion, Dismissal | Dismissal | Dismissal | Dismissal |
(7) Absence Without Authorized Leave | Suspension, Demotion, Dismissal | Dismissal | Dismissal | Dismissal |
(8) Unauthorized Distribution of Written or Printed Material of any Description While on FDC property or during work time | Written Reprimand | Written Reprimand, Suspension | Suspension, Demotion, Dismissal | Dismissal |
(9) Unauthorized Solicitations or Sales While on FDC property or during work time | Written Reprimand | Written Reprimand, Suspension | Suspension, Demotion, Dismissal | Dismissal |
(10) Substandard Quality and/or Quantity of Work | Written Reprimand | Written Reprimand, Suspension | Suspension, Demotion, Dismissal | Dismissal |
(11) Reporting to Work Improperly Dressed for Job Assignment | Written Reprimand | Written Reprimand, Suspension | Suspension, Demotion, Dismissal | Dismissal |
(12) Sleeping on the Job | Suspension, Demotion, Dismissal | Dismissal | Dismissal | Dismissal |
(13) Negligence (Job Related) | Written Reprimand, Suspension, Demotion, Dismissal | Written Reprimand, Suspension, Demotion, Dismissal | Suspension, Demotion, Dismissal | Dismissal |
(14) Revealing Confidential Information to unauthorized person(s) | Suspension, Demotion, Dismissal | Dismissal | Dismissal | Dismissal |
(15) Possession of an Unauthorized Intoxicant, Narcotic, Barbiturate, Hallucinogenic drug, Central nervous system stimulant, Weapon or Firearm on FDC Property | Suspension, Demotion, Dismissal | Dismissal | Dismissal | Dismissal |
(16) Reporting to Work under the Influence of an Intoxicant, Narcotic, Barbiturate, Hallucinogenic drug, or Central nervous system stimulant | Suspension, Demotion, Dismissal | Dismissal | Dismissal | Dismissal |
(17) Drinking an Intoxicant or using a Narcotic, Barbiturate, Hallucinogenic drug, or Central nervous system stimulant on the job | Suspension, Demotion, Dismissal | Dismissal | Dismissal | Dismissal |
(18) Failure to maintain direct (sight) supervision of assigned medium, close or maximum custody inmates while outside the institution security perimeter | Suspension, Demotion, Dismissal | Dismissal | Dismissal | Dismissal |
(19) Leaving Assigned Work Station without Authorization | Written Reprimand, Suspension, Demotion, Dismissal | Dismissal | Dismissal | Dismissal |
(20) Use of Corporal Punishment or Hazing | Written Reprimand, Suspension, Demotion, Dismissal | Dismissal | Dismissal | Dismissal |
(21) Falsification of Documents (Job Related) | Written Reprimand, Suspension, Demotion, Dismissal | Dismissal | Dismissal | Dismissal |
(22) Conduct Unbecoming a Public Employee or Failing to Maintain a Proper Level of Professionalism | Written Reprimand, Suspension, Demotion, Dismissal | Written Reprimand, Suspension, Demotion, Dismissal | Suspension, Demotion, Dismissal | Dismissal |
(23) Theft of State Property or Property of Another | Written Reprimand, Suspension, Demotion, Dismissal | Dismissal | Dismissal | Dismissal |
(24) Willful Violation of Rules, Procedures, Post Orders, Regulations, Directives or Policy Statements | Suspension, Demotion, Dismissal | Dismissal | Dismissal | Dismissal |
(25) Unauthorized Use of State Equipment, Property, or Weapons | Written Reprimand, Suspension, Demotion, Dismissal | Dismissal | Dismissal | Dismissal |
(26) Insubordination | Suspension, Demotion, Dismissal | Dismissal | Dismissal | Dismissal |
(27) Destruction or Abuse of State Property or Equipment | Written Reprimand, Suspension, Demotion, Dismissal | Suspension, Demotion, Dismissal | Dismissal | Dismissal |
(28) Destruction of Evidence, Giving False Testimony or False Statements and/or Coercion of Others to do the same | Suspension, Demotion, Dismissal | Dismissal | Dismissal | Dismissal |
(29) Unlawfully Obtaining Items of Value from or on behalf of an Inmate or Person under FDC Supervision | Suspension, Demotion, Dismissal | Dismissal | Dismissal | Dismissal |
(30) Failure to Report and Turn in Without Delay all Property Found, Seized, or Taken in One's Official Capacity as an Employee | Written Reprimand, Suspension, Demotion, Dismissal | Dismissal | Dismissal | Dismissal |
(31) Failure to Submit to a Required Physical Exam | Written Reprimand, Suspension, Demotion, Dismissal | Dismissal | Dismissal | Dismissal |
(32) Failure to follow Oral or Written Instructions | Written Reprimand, Suspension, Demotion, Dismissal | Written Reprimand, Suspension, Demotion, Dismissal | Suspension, Demotion, Dismissal | Dismissal |
(33) Abuse of Sick Leave Privileges | Written Reprimand, Suspension, Demotion, Dismissal | Dismissal | Dismissal | Dismissal |
(34) Careless or Unsafe Handling of Firearms or Other Weapons (Job Related) | Written Reprimand, Suspension, Demotion, Dismissal | Dismissal | Dismissal | Dismissal |
(35) Cowardice on the Job | Written Reprimand, Suspension, Demotion, Dismissal | Dismissal | Dismissal | Dismissal |
(36) Failure to report for duty when instructed to do so in time of emergency or potential emergency | Written Reprimand, Suspension, Demotion, Dismissal | Dismissal | Dismissal | Dismissal |
(37) Violation of Law, whether or not on the job (conviction not required, not including civil infractions) | Written Reprimand, Suspension, Demotion, Dismissal | Written Reprimand, Suspension, Demotion, Dismissal | Suspension, Demotion, Dismissal | Dismissal |
(38) Disruptive Conduct on the Job | Written Reprimand, Suspension, Demotion, Dismissal | Written Reprimand, Suspension, Demotion, Dismissal | Suspension, Demotion, Dismissal | Dismissal |
(39) Discrimination and/or Harassment on the Job | Dismissal | Dismissal | Dismissal | Dismissal |
(40) Failure to Remain Mentally Alert on the Job | Written Reprimand, Suspension, Demotion, Dismissal | Written Reprimand, Suspension, Demotion, Dismissal | Suspension, Demotion, Dismissal | Dismissal |
Fla. Admin. Code Ann. R. 33-208.003
Rulemaking Authority 944.09 FS. Law Implemented 110.227, 112.0455, 944.09, 944.14, 944.35, 944.36, 944.37, 944.38, 944.39, 944.47 FS.
New 10-8-76, Formerly 33-4.03, Amended 1-30-96, Formerly 33-4.003, Amended 8-5-07, 11-13-07, 1-31-10, 2-22-16.