33-208.003. Range of Disciplinary Actions

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 penalities 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. History–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.