Florida Regulations 33-208.004: Employment of Relatives
Current as of: 2024 | Check for updates
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(1) Definitions.
(a) “”Direct supervision”” means being an employee’s immediate supervisor, or the rater or reviewer of the employee’s performance.
(b) “”Employee”” means any individual on the payroll of the Department of Corrections.
(c) “”Line of authority”” means any position having supervisory authority within the direct chain of command or supervisory path that organizationally links any position in the Department to the Secretary.
(d) “”Organizational unit”” includes:
1. A unit of a state correctional institution such as security, medical, dental, classification, maintenance, personnel, or business. A work camp, boot camp, or other annex of a state correctional institution is considered part of the institution and not a separate unit.
2. An area of a regional office such as personnel, medical, administrative services, probation and parole, or community facilities.
3. A correctional work center, road prison, or work release center.
4. A probation and parole circuit office or a sub-office within a circuit.
5. A bureau of the Office of the Secretary or of any of the assistant secretaries.
(e) “”Public Official”” means an employee of an agency in whom is vested the authority by law, rule, or regulation, or to whom the authority has been delegated, to appoint, employ, promote, or advance individuals or to recommend individuals for appointment, employment, promotion, or advancement in connection with employment in an agency.
(f) “”Relative”” means any individual who is related to another as father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half-brother, or half-sister.
(2) Direct supervision of a relative employee is prohibited.
(3) An employee must not appoint, promote, advance, advocate for, or discipline any relative employee within their line of authority or organizational unit.
(4) In accordance with Florida Statutes § 112.3135, a public official may not appoint, employ, promote, or advance, or advocate for appointment, employment, promotion, or advancement, in or to a position in the Department in which the official exercises jurisdiction or control of the employee relative. Mere approval of budgets shall not be sufficient to constitute “”jurisdiction or control”” for the purposes of this section. In the event of an emergency as defined in Florida Statutes § 252.34(3), the Secretary is authorized to approve the temporary employment of individuals whose employment would otherwise be prohibited by Florida Statutes § 112.3135
Rulemaking Authority 945.0311 FS. Law Implemented 112.3135, 945.0311 FS. History-New 3-3-13, Amended 4-23-20.
Terms Used In Florida Regulations 33-208.004
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
(b) “”Employee”” means any individual on the payroll of the Department of Corrections.
(c) “”Line of authority”” means any position having supervisory authority within the direct chain of command or supervisory path that organizationally links any position in the Department to the Secretary.
(d) “”Organizational unit”” includes:
1. A unit of a state correctional institution such as security, medical, dental, classification, maintenance, personnel, or business. A work camp, boot camp, or other annex of a state correctional institution is considered part of the institution and not a separate unit.
2. An area of a regional office such as personnel, medical, administrative services, probation and parole, or community facilities.
3. A correctional work center, road prison, or work release center.
4. A probation and parole circuit office or a sub-office within a circuit.
5. A bureau of the Office of the Secretary or of any of the assistant secretaries.
(e) “”Public Official”” means an employee of an agency in whom is vested the authority by law, rule, or regulation, or to whom the authority has been delegated, to appoint, employ, promote, or advance individuals or to recommend individuals for appointment, employment, promotion, or advancement in connection with employment in an agency.
(f) “”Relative”” means any individual who is related to another as father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half-brother, or half-sister.
(2) Direct supervision of a relative employee is prohibited.
(3) An employee must not appoint, promote, advance, advocate for, or discipline any relative employee within their line of authority or organizational unit.
(4) In accordance with Florida Statutes § 112.3135, a public official may not appoint, employ, promote, or advance, or advocate for appointment, employment, promotion, or advancement, in or to a position in the Department in which the official exercises jurisdiction or control of the employee relative. Mere approval of budgets shall not be sufficient to constitute “”jurisdiction or control”” for the purposes of this section. In the event of an emergency as defined in Florida Statutes § 252.34(3), the Secretary is authorized to approve the temporary employment of individuals whose employment would otherwise be prohibited by Florida Statutes § 112.3135
Rulemaking Authority 945.0311 FS. Law Implemented 112.3135, 945.0311 FS. History-New 3-3-13, Amended 4-23-20.