The purpose and effect of the proposed rule is to require employees to keep the department aware of the status of any criminal case or charge against the employee.  


  • RULE NO: RULE TITLE
    33-208.002: Rules of Conduct
    PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to require employees to keep the department aware of the status of any criminal case or charge against the employee.
    SUMMARY: The proposed amendment to Rule 33-208.002, F.A.C., requires employees to make a full written report of any status change in an arrest, Notice to Appear, or criminal charge filed against the employee.
    SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
    Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
    SPECIFIC AUTHORITY: 944.09 FS.
    LAW IMPLEMENTED: 944.09, 944.14, 944.35, 944.36, 944.37, 944.38, 944.39, 944.47 FS.
    IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
    THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Jamie Jordan-Nunes, Office of the General Counsel, Department of Corrections, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500

    THE FULL TEXT OF THE PROPOSED RULE 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:

    1. through 2. No change.

    3. Any ‘status change’ in the case described in subparagraphs 1. and 2., above, to include any pleadings filed, appearances made, dates set, sanctions ordered, and decisions rendered.

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

    (b) No change.

    (3) through (26) No change.

    Specific Authority 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, 4-17-06,_________.


    NAME OF PERSON ORIGINATING PROPOSED RULE: Ralph Kiessig, Director of Human Resource Management
    NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Walter A McNeil, Secretary
    DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 26, 2008
    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: June 13, 2008

Document Information

Comments Open:
9/5/2008
Summary:
The proposed amendment to Rule 33-208.002, F.A.C., requires employees to make a full written report of any status change in an arrest, Notice to Appear, or criminal charge filed against the employee.
Purpose:
The purpose and effect of the proposed rule is to require employees to keep the department aware of the status of any criminal case or charge against the employee.
Rulemaking Authority:
944.09 FS.
Law:
944.09, 944.14, 944.35, 944.36, 944.37, 944.38, 944.39, 944.47 FS.
Contact:
Jamie Jordan-Nunes, Office of the General Counsel, Department of Corrections, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500
Related Rules: (1)
33-208.002. Rules of Conduct