Florida Administrative Code › 11 - DEPARTMENT OF LAW ENFORCEMENT › 11I - Employee Relations › Chapter 11I-1 - DISCIPLINARY PROCEDURE AND STANDARDS FOR DISCIPLINARY ACTIONS › Section 11I-1.012 - Standards of Disciplinary Action

Current through Reg. 50, No. 138; July 16, 2024
The following Standards of Disciplinary Action attached as
				  Appendix "A" and incorporated herein have been established as a guide for use
				  by supervisors to help ensure that all employees receive similar treatment in
				  like circumstances. Realizing that some of the offenses and deficiencies listed
				  will be more serious and more frequent in certain cases, the supervisor taking
				  the disciplinary action shall utilize good judgment in light of all available
				  facts in each case.
The philosophy to be utilized is that of progressive and
				  cumulative discipline. In determining the severity of discipline to be applied,
				  the supervisor should take into account the following variables:
(1) The severity of the disciplinary
				violation.
(2) The circumstances in
				which the violation occurred.
(3)
				The consequences of the employee's actions in regard to its effects on the
				Department's assigned mission, on the State of Florida, and on other
				employees.
(4) The overall work
				record of the employee.
(5) If this
				is not a first offense for the employee, the length of time since earlier
				disciplinary actions, the similarity or dissimilarity of offense, and the
				severity of earlier offenses shall be considered.
(6) Other factors may be considered as
				appropriate.
Appendix A
Standards of Disciplinary
							 Action:
As stated in these Standards of Disciplinary Action,
							 whenever a standard includes Suspension or Dismissal, said penalty includes all
							 lesser penalties including demotions and reduction in pay.
Offense
First Time
Second Time
Third Time
(1) Unbecoming Conduct
Written Reprimand or Up to 30 days Suspension or
							 Dismissal
Up to 30 days Suspension or Dismissal
Dismissal
(2) Violation of Law or Rules
Oral or Written Reprimand or up to 30 days Suspension
							 or Dismissal
Up to 30 days Suspension or Dismissal
Up to 30 days Suspension or Dismissal
(3) Abuse of Position
Written Reprimand or up to 30 days Suspension or
							 Dismissal
Up to 30 days Suspension or Dismissal
Dismissal
(a) Soliciting or Accepting a Gift, Gratuity,
							 etc.
Written Reprimand or up to 30 days Suspension or
							 Dismissal
Up to 30 days Suspension or Dismissal
Dismissal
(4) Failure to Perform a Lawful Duty or Neglect of
							 Duty
Oral or Written Reprimand or up to 30 days Suspension
							 or Dismissal
Written Reprimand or up to 30 days Suspension or
							 Dismissal
Dismissal
(5) Insubordination
Up to 10 days Suspension or Dismissal
Up to 30 days Suspension or Dismissal
Dismissal
(6) Excessive Tardiness
Oral or Written Reprimand
Written Reprimand or up to 10 days Suspension
Dismissal
(7) Abuse of Leave
Oral or Written Reprimand
Written Reprimand or up to 30 days Suspension or
							 Dismissal
Dismissal
(8) Falsification of Records
Dismissal
Dismissal
Dismissal
(9) Willful Failure to Submit Report that Department
							 Member is Under Investigation by Any Criminal Justice Agency
Up to 30 days Suspension
Dismissal
(10)(a) Alcohol* Abuse
Written Reprimand or up to 10 days Suspension
Up to 30 days Suspension or Dismissal
Dismissal
(10)(b) Drug Abuse
Up to 10 days Suspension or Dismissal
Up to 30 days Suspension or Dismissal
Dismissal
(11) Unauthorized Use of Name, Photograph, and
							 Department Identification
Written Reprimand or up to 10 days Suspension
Up to 30 days Suspension or Dismissal
Dismissal
(12) Negligence
Oral or Written Reprimand or up to 30 days Suspension
							 or Dismissal
Written Reprimand or up to 30 days Suspension or
							 Dismissal
Dismissal
(13) Improper Political Activity
Oral or Written Reprimand
Written Reprimand or up to 30 days Suspension or
							 dismissal
Dismissal
(14) Failure to Carry Proper Identification
Oral or Written Reprimand
Written Reprimand or up to 10 days Suspension
Up to 30 days Suspension or Dismissal
(15) Failure to Properly Identify Oneself
Written Reprimand or up to 10 days Suspension
Up to 30 days Suspension
Dismissal
(16) Divulging Confidential Information, or
							 Unauthorized Dissemination
Up to 30 days Suspension or Dismissal
Dismissal
(17) Failure to Secure or Care for State Property,
							 Including Official Vehicles
Oral or Written Reprimand or up to 10 days
							 Suspension
Up to 30 days Suspension
Up to 30 days Suspension or Dismissal
(18) Failure to Promptly Report Revocation or
							 Suspension of Driver's License
Oral Reprimand or Written Reprimand
Written Reprimand or up to 10 days Suspension
Up to 30 days Suspension or Dismissal
(19) Unlawful or Careless Use or Display of a
							 Weapon
Written Reprimand or up to 30 days Suspension or
							 Dismissal
Up to 30 days Suspension or dismissal
Dismissal
(20) Failure to Inventory, Process, and Reasonably
							 Care for Recovered or Seized Property, or Conversion, etc., or any Property or
							 Evidence
Oral or Written Reprimand or up to 30 days Suspension
							 or Dismissal
Written Reprimand or up to 30 days Suspension or
							 Dismissal
Dismissal
(21) Failure to Give Truthful or Requested
							 Information During Internal Investigation
Written Reprimand or up to 30 days Suspension or
							 Dismissal
Up to 30 days Suspension or Dismissal
Dismissal
(22) Sexual Harassment
Written Reprimand or up to 30 days Suspension or
							 Dismissal
Up to 30 days Suspension or Dismissal
(23) Substandard Work
Oral or Written Reprimand
Written Reprimand or up to 10 days Suspension
Up to 30 days Suspension or Dismissal
*In the case of a person who may be alcoholic, the State's
				  policy on counseling of alcoholics shall be
				  utilized.
Rulemaking Authority
					 110.227(2),
					 943.03(3) FS.
					 Law Implemented 110.227(1)
					 FS.
New 7-8-82, Formerly
					 11I-1.12.