The purpose and effect of the proposed rule is to alter the time period in which an employee must make a written report regarding a criminal charge or arrest or knowledge of any violation of law or rules. The time period is shortened from 3 calendar ...

 

DEPARTMENT OF CORRECTIONS

Departmental

RULE NO.: RULE TITLE:

33-208.002 Rules of Conduct

PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to alter the time period in which an employee must make a written report regarding a criminal charge or arrest or knowledge of any violation of law or rules. The time period is shortened from 3 calendar days to 24 hours or upon reporting to the next assigned shift, whichever is sooner.

SUBJECT AREA TO BE ADDRESSED: Employee rules of conduct.

SPECIFIC AUTHORITY: 944.09 FS.

LAW IMPLEMENTED: 944.09 FS., 944.14 FS., 944.35 FS., 944.36 FS., 944.37 FS., 944.38 FS., 944.39 FS., 944.47 FS.

IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT IS: Perri King Dale, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500

 

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

 

33-208.002 Rules of Conduct.

The Department of Corrections requires all employees to familiarize themselves with all rules and regulations pertaining to their positions and duties, and that employees abide by these rules and regulations. The following rules of conduct and performance standards are applicable both on and off the job to all Department of Corrections employees. Some of these rules of conduct are found again in abbreviated form in the next section titled “Range of Disciplinary Actions,” however, all rules of conduct are enforceable by appropriate disciplinary action regardless of whether they are listed in the range of disciplinary actions.

(1) No change.

(2)(a) Each employee shall make a full written report of any of the following within 24 hours or upon reporting to work for his next assigned shift, whichever is sooner 3 calendar days of any:

1. Criminal charge filed against him or

2. Arrest or receipt of a Notice to Appear for violation of any criminal law involving a misdemeanor or felony, or ordinance except minor violations for which the fine or bond forfeiture is $200 or less.

3. Knowledge of any violation of the law, rules, directives or procedures of the Department.

(b) This report shall be submitted to the warden, regional director or circuit administrator; in central office this report shall be submitted to the employee’s bureau chief or director.

(3) through (26) No change.

Specific Authority 20.315, 944.09, FS. Law Implemented 944.09, 944.14, 944.35, 944.36, 944.37, 944.38, 944.39, 944.47, FS.  History–New 10-8-76, Amended 10-11-77, 4-19-79, 6-18-83, Formerly 33-4.02, Amended 8-15-89, 10-20-90, 3-20-91, 1-30-96, 3-24-97, 4-19-98, Formerly 33-4.002, Amended 7-17-02, 4-5-04,_______.