Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-208 - PERSONNEL › Section 33-208.003 - Range of Disciplinary Actions

Current through Reg. 50, No. 138; July 16, 2024
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
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.