33-208.001. Personnel - General

(1) Designation as Law Enforcement Officers.

(a) The following officers and employees of the Department of Corrections are designated as law enforcement officers: Secretary; Deputy Secretary; Assistant Secretary of Community Corrections; Assistant Secretary of Institutions; Deputy Assistant Secretary of Institutions; Regional Directors; Correctional Security Administrator; wardens of all institutions and community facilities; the staff of all institutions and community facilities, including road prisons, vocational centers, community correctional centers, women’s adjustment centers and probation and restitution centers, excluding clerical and secretarial employees; Community Corrections Regional Directors; Circuit Administrators, Supervisors and Officers; Inspector General; Deputy Inspector General; and Correctional Inspectors.

(b) In addition, the Secretary, Deputy Secretary, Assistant Secretary of Institutions, Regional Directors, and wardens of institutions and community facilities may temporarily designate any employee of the Department of Corrections as a law enforcement officer during the period of time that an employee assists the Department of Corrections with a situation or condition which, in the discretion of the Secretary, Deputy Secretary, Assistant Secretary of Institutions, Regional Director or warden, constitutes an emergency or could develop into an emergency.

(2) Issuance of Firearms and Other Weapons.

(a) The foregoing designation as a law enforcement officer does not empower any employee to carry a firearm or other weapon on or about his person, either concealed or unconcealed, unless it is state equipment which has been properly issued to him and he is acting within the scope or course of his official duties with the Department of Corrections.

(b) Firearms or other weapons will be issued to an employee only upon instructions of the Secretary, Deputy Secretary, Assistant Secretary of Institutions, Regional Directors, wardens, Officers-in-Charge, or Chief Correctional Officers to the Armory Officers or other designated subordinate officers in the chain of command. All employees not normally issued firearms or other weapons may be issued firearms or other weapons for training purposes or in an emergency such as an escape, disturbance or riot if circumstances dictate a necessity for issuing firearms or other weapons.

(c) Firearms and other weapons shall be issued only to those employees who are engaged in weapons training or who have received training in the use of such firearms and weapons and who are certified or qualified to use such firearms and weapons.

(3) Responsibility for Inmate Custody and Security. All employees of the Department of Corrections, except secretarial and clerical employees, whose duties and responsibilities involve direct contact with inmates at any time, are deemed to have the primary and essential duty and responsibility of maintaining physical custody and security of such inmates 100 percent of the time.

(4) Responsibility for Conduct of Employees, Inmates and Others.

(a) No Administrator, warden, Officer-in-Charge, Supervisor, or other employee shall knowingly permit any subordinate, inmate or other person to, nor shall he, commit any act or engage in any conduct which would violate any state statute, rule, directive or policy statement. The administration and enforcement of all such statutes, rules, directives and policy statements, except as may be otherwise provided herein, shall be a basic responsibility of all Administrators, wardens, Officers-in-Charge and Supervisors.

(b) All Administrators, wardens, Officers-in-Charge and Supervisors shall ensure that proper reports of violations and investigations thereof are maintained in inmate and employee record jackets.

(5) Conduct of Volunteers and Non-DC Employees. All rules, directives, and policy statements governing conduct of Department of Corrections employees apply to volunteers and non-DC employees, violation of which may result in immediate removal from the institution or office and future denial of access to such area by the Administrator, warden, Officer-in-Charge or Supervisor.

Rulemaking Authority 20.315, 944.09 FS. Law Implemented 790.001(8), 944.09, 944.14 FS. History–New 10-8-76, Amended 2-17-77, Formerly 33-4.01, Amended 7-12-86, 6-13-88, Formerly 33-4.001, Amended 7-19-12.