Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-208 - PERSONNEL › Section 33-208.402 - Professional License, Certification and Registration Requirements

Current through Reg. 50, No. 138; July 16, 2024
(1) It is the responsibility of any employee
				in a position requiring professional license, certification, or registration to
				maintain the required license, certification or registration and to provide the
				department with a copy of such upon employment and upon renewal. If the
				employee's license, certification or registration is suspended, revoked,
				lapses, or is placed under restriction, the employee shall make an immediate
				report in writing within three working days to the Secretary, Assistant
				Secretary, Regional Director, Regional Division Director, Circuit
				Administrator, or warden. In circumstances where an employee's license,
				certification or registration is suspended, revoked, or placed under
				restriction, the following information shall be contained in the report: any
				action taken by the professional board or other professional licensing body
				such as disciplinary fines, limitations or restrictions; and the time period of
				such suspension, revocation or restriction.
(2) Driver's License Requirement for
				Correctional Officers and Correctional Probation Officers.
(a) Effective July 1, 1998, all employees in
				the correctional officer and correctional probation officer classes shall be
				required to possess a valid driver's license as a condition of
				employment.
(b) Any employee in the
				correctional officer or correctional probation officer class who does not have
				a valid driver's license shall immediately report this in writing to the
				officer-in-charge, warden, circuit administrator, regional director, assistant
				secretary, or inspector general.
(c) A valid driver's license is defined as:
1. A current Florida driver's license for an
				employee residing in Florida; or
2.
				A current driver's license from another state if the employee resides in
				another state but is currently employed in Florida.
(d) Any correctional officer or correctional
				probation officer who fails to maintain a valid driver's license for any reason
				shall be subject to disciplinary action in accordance with Chapter 33-208,
				F.A.C., and is subject to being removed from the position for inability to
				perform assigned duties and responsibilities by failing to meet minimum
				qualifications for employment.
(e)
				A correctional officer or correctional probation officer who loses his or her
				driver's license or driving privileges due to a medical condition (excluding
				cases which involve the use of illegal drugs or abuse or misuse of alcohol) and
				who has a medically certified prognosis and documentation from the Florida
				Department of Highway Safety and Motor Vehicles (or comparable documentation
				for licenses issued in another state) that the employee will be able to operate
				a motor vehicle at some future date, shall not be permitted to operate a state
				motor vehicle until his or her license and driving privileges are restored. The
				Department of Corrections will review the officer's driver's license status at
				such time as the Florida Department of Highway Safety and Motor Vehicles (or
				comparable agency for licenses issued in another state) revisits the license or
				privileges revocation.
(f) Any
				correctional officer or correctional probation officer with a driver's license
				that has been suspended for a period of 6 months or less must obtain a hardship
				license for business purposes in order to operate a state-owned motor
				vehicle.
(g) Any correctional
				officer or correctional probation officer with a driver's license that has been
				suspended or revoked for a period of more than 6 months must obtain a hardship
				license for business purposes in order to operate a state-owned motor vehicle
				within 90 calendar days of the date of the license suspension or revocation.
				The 90 day period will only be extended due to the existence of extraordinary
				circumstances beyond the control of the officer such as natural disaster
				situations where, despite the officer's having made diligent efforts to obtain
				a hardship license, a timely hearing or response to the hardship petition could
				not be obtained because of the disaster.
(h) Correctional officers and correctional
				probation officers shall be responsible for immediately reporting when their
				driver's licenses have been reinstated and driving privileges have been
				restored.
(i) Any correctional
				officer or correctional probation officer who is required to obtain a hardship
				license and is unable to do so must present documentation to the department
				reflecting the officer's inability to obtain a hardship license. The department
				will conduct a job search for the officer and attempt to find other positions
				for which the officer meets minimum qualifications. If there are no other
				positions for which the officer is qualified, the officer will be dismissed for
				inability to perform job duties.