Florida Regulations 33-208.003: Range of Disciplinary Actions
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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.
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.
Terms Used In Florida Regulations 33-208.003
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.