CHAPTER 33-208
CHAPTER 33-208
PERSONNEL
33-208.001 Personnel – General
33-208.002 Rules of Conduct
33-208.003 Range of Disciplinary Actions
33-208.101 Employee Grooming, Uniform and Clothing Requirements
33-208.201 Relief Factor for Staffing Security Posts
33-208.301 Employment Gender Policy for Security Positions
33-208.401 Personal Vehicle Damage Reimbursement Claims
33-208.402 Professional License, Certification and Registration Requirements
33-208.403 Random Drug Testing of Employees
33-208.501 Staff Housing – Definitions
33-208.502 Staff Housing – Intent
33-208.503 Staff Housing – Administrative Responsibilities
33-208.504 Criteria for Assignment to Staff Housing
33-208.505 Staff Housing – Rent and Utilities
33-208.506 Staff Housing Agreement Form
33-208.507 Responsibilities of Staff Housing Occupants
33-208.508 Staff Housing Inspections
33-208.509 Staff Housing – Repairs and Replacements
33-208.510 Termination of Staff Housing Assignment
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 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; Probation and Parole Regional Administrators; Correctional Probation 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.
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 requires 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) Each warden, officer-in-charge, and circuit administrator or supervisor, as well as designated Central Office staff, shall be responsible for insuring that each employee under his supervision, before assuming the duties of his employment, is familiar with all rules and regulations of the Department and institution that pertain to such employee and to the protection, custody, control, care and treatment of persons under his supervision or control. Each employee shall keep himself completely familiar and comply with all such rules and regulations during his employment. Copies of the rules and regulations shall be made available for inspection by employees.
(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. Criminal charge filed against him, or
2. Arrest or receipt of a Notice to Appear for violation of any criminal law involving a misdemeanor, felony, or ordinance except minor violations for which the fine or bond forfeiture is $200 or less.
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. Knowledge of any violation of the law, rules, directives or procedures of the Department.
(b) This report shall be submitted to the warden, regional director or circuit administrator; in central office this report shall be submitted to the employee’s bureau chief or director.
(3)(a) Each employee shall keep himself physically fit, mentally alert, and shall perform his duties fairly and impartially, and otherwise conduct himself both on-duty and off-duty so as to command the respect of fellow employees, persons on parole, probation or otherwise under his supervision, inmates and the general public. Each employee’s conduct shall be at all times consistent with the maintenance of proper security and welfare of the institution and of inmates, persons on parole, probation or otherwise under his supervision.
(b) Each employee shall comply with the grooming, clothing and uniform standards outlined in Rule 33-208.101, F.A.C.
(4) Each employee must immediately report for duty when instructed to do so in time of emergency or potential emergency.
(5) No employee shall solicit, trade, barter, or accept a gift or any compensation from or present a gift to, an inmate, an inmate’s family, a person under supervision of the department, his family, or any other person in behalf of an inmate or person under supervision, except as authorized by the warden, officer-in-charge or circuit administrator or supervisor.
(6) No employee shall refuse to truthfully answer questions specifically relating to the performance of his official duties.
(7)(a) No employee shall refuse to submit to a search or inspection by an authorized employee of his person, personal property or vehicle while entering, departing or otherwise being upon the premises of an institution. Refusal of an employee to submit to such search or inspection is considered as a serious form of insubordination. Upon proper notice to an employee occupying state-owned housing, such housing is subject to reasonable inspections for maintenance and sanitation purposes at least annually.
(b) All employees and contract staff shall be subject to some form of metal detection system search, and items in their possession or on their person shall be inspected prior to gaining entry to an institution or facility of the Department. Employees and contract staff may also be subject to a clothed pat search as a part of this routine search process. Outer wear such as jackets or coats and footwear shall be removed and inspected upon request during the metal detection process and during clothed pat searches. Routine searches conducted prior to entry to a Department institution or facility shall be performed by an employee of the rank of correctional officer or above.
(c) When the officer in charge has good reason to believe an employee is involved in the unauthorized or unlawful possession or movement of anything into or out of an institution or facility of the Department, he may authorize a more intensive search than is normally required. Such an intensive search may include the employee’s person, vehicle, and any locker, desk or storage space assigned to or used by the employee.
(d) The results of intensive search of an employee’s person, property or vehicle shall be verbally reported to the officer in charge of the institution or facility immediately upon completion of the search. This shall be followed with a written report to the warden.
(e) When the intensive search includes the employee’s assigned locker, desk or storage space provided by the Department, the employee should be present during the search. If the employee is unavailable and the delay required to await his presence would jeopardize the effectiveness of the search, or if the employee’s presence would jeopardize the effectiveness of the search, the search shall be conducted without the employee. In such cases, the reasons for conducting the search in the employee’s absence shall be documented and submitted to the warden for review.
(f) When an employee is subjected to a more intensive search than is normally required, the employee shall be informed of the reason for the search and of the name of the official ordering the search before the search begins.
(g) Any search of an employee’s person that involves the visual inspection of the employee’s unclothed body shall be conducted in private and out of the sight and hearing of other employees and inmates. Such searches shall only be conducted, observed and supervised by officials of the same sex as the employee being searched. Such searches shall be conducted by not less than two employees, one of whom will be at least the rank of correctional officer lieutenant. The correctional officer inspector shall assist in such searches unless he is unavailable and the delay associated with awaiting the inspector’s arrival would jeopardize the effectiveness of the search. No more than three staff members shall be involved in the actual search. Group strip searches of employees shall not be permitted.
(h) Property that is introduced into the secure perimeter such as purses, briefcases, lunch boxes, or bags is subject to search at any time by an employee of the rank of a correctional officer or above.
(8) No employee shall willfully or negligently treat an inmate in a cruel or inhuman manner, nor shall profane or abusive language be used in dealing with an inmate or person under the employee’s supervision.
(9) No employee shall report for duty or exercise supervision or control over any person while under the influence of a narcotic, barbiturate, hallucinogenic drug, central nervous system stimulant or an intoxicant. However, in the event any of the foregoing drugs is prescribed and administered to an employee, the employee shall report this to the circuit administrator, supervisor or officer-in-charge and provide him with a prescription receipt detailing the type of medication, dosage, and possible side effects. The circuit administrator, supervisor or officer-in-charge shall then make a determination whether the employee can perform his duties without detrimental effect. No employee shall refuse to submit to a scientific test to measure his alcohol blood level when reporting for duty or while on duty if the circuit administrator, supervisor or officer-in-charge has reason to believe that the employee is under the influence of alcohol.
(10) No employee shall be insubordinate, neglectful, or unwilling to follow lawful orders or perform officially designated duties.
(11) No employee shall willfully or negligently permit an inmate to escape.
(12) No employee shall falsify reports or records.
(13) Sleeping on duty is absolutely prohibited.
(14) No employee shall apply physical force to the person of an inmate except as provided in Rule 33-602.210, F.A.C., or to any other person under his supervision except and only to the degree that it reasonably appears to be necessary in self-defense, to prevent escape, to prevent injury to a person or damage to property, to quell a disturbance, or when an inmate exhibits physical resistance to a lawful command. When force becomes necessary, a detailed written report shall be made by the employee to the warden who shall have an investigation made and shall approve or disapprove the force used. The employee’s report, together with the warden’s written approval or disapproval of the force used and his reasons therefore, shall be forwarded and distributed in accordance with Rule 33-602.210, F.A.C.
(15) No employee shall recommend or furnish any advice concerning the retention of a legal or bonding firm or a specific lawyer or bondsman to an inmate, a person under the employee’s supervision, or to anyone else on such individual’s behalf.
(16) Violence, fighting, horseplay, and threatening or interfering with other employees at any time on Department of Corrections premises or at any other place, while on duty, will not be tolerated.
(17) Gambling of any kind on Department of Corrections premises or at any other place, while on duty, will not be tolerated.
(18) Employees shall not reveal confidential information in Department of Corrections records to unauthorized persons.
(19) No employee shall knowingly submit inaccurate or untruthful information for or on any Department of Corrections record, report or document.
(20) Employees shall not be tardy, absent, or depart from work early without the permission of their supervisors and shall observe time limitations on rest and meal periods. Each employee shall notify his immediate supervisor or designated representative prior to his scheduled work shift in the event he expects to be absent from duty due to illness or other reason.
(21) No employee shall solicit funds or services, sell tickets, or distribute petitions or literature for any purpose other than official business on Department of Corrections property or at any other place while on duty, except that an employee may engage in such activities on Department of Corrections property when off-duty (before or after work, while on lunch hour or during breaks) provided advance permission is obtained from the employee’s supervisor. Such permission shall be given by the supervisor, if such solicitation is legal, if no employee is approached with a solicitation while on duty and if such solicitations are conducted courteously without pressuring employees to participate.
(22) Every employee will comply with safety regulations and shall report promptly to the appropriate supervisor any injury or illness.
(23) Employees shall not use Department of Corrections materials or facilities for personal purposes. No employees shall occupy, use or operate any Department of Corrections property or facility without prior authorization.
(24) Every employee has the responsibility to protect and safeguard Department of Corrections property and the person and property of inmates and employees. No employee shall be in unauthorized possession of any property of the Department of Corrections, its inmates, persons under its supervision, or employees, regardless of value, or attempt to remove such property from the Department of Corrections premises.
(25) Unauthorized possession or use of firearms or other weapons on Department of Corrections property, or at any other place while on duty, is prohibited.
(26) Employees shall maintain a professional relationship with all persons in the custody or under supervision of the Department and their immediate family or visitors. No personal or business relationships are permitted. Marriage between employees and inmates is not permitted.
Rulemaking 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, 11-6-08, 3-9-10.
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 oral reprimand, written reprimand, suspension, reduction in pay, demotion or dismissal.
Any employee who feels that unjust disciplinary action such as an oral or written reprimand 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, reduction in pay, 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 PENALTIES 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 SUPERVISORS WILL CONSIDER THEM IN REACHING DISCIPLINARY DECISIONS.
|Offense or Deficiency |First Occurrence |Second Occurrence |Third Occurrence |Fourth Occurrence |
|(1) Gambling |Oral or Written Reprimand |Written Reprimand or up to|Up to 30 days Suspension|Dismissal |
| | |10 day Suspension |or dismissal | |
|(2) Horseplay or Fighting |Same |Same |Same |Same |
|(3) Loafing |Same |Same |Same |Same |
|(4) Tardiness (within a 2-month period) |Same |Same |Same |Same |
|(5) Excessive Absenteeism |Same |Same |Same |Same |
|(6) Malicious Use of Profane or Abusive |Same |Same |Same |Same |
|Language Toward Inmates, Visitors, or Persons | | | | |
|Under Supervision | | | | |
|(7) Absence Without Authorized Leave |Same |Same |Same |Same |
|(8) Unauthorized Distribution of Written or |Same |Same |Same |Same |
|Printed Material of any Description | | | | |
|(9) Unauthorized Solicitations or Sales on DC |Same |Same |Same |Same |
|Premises or While on Duty | | | | |
|(10) Substandard Quality and/or Quantity of |Same |Same |Same |Same |
|Work | | | | |
|(11) Reporting to Work Improperly Dressed for |Same |Same |Same |Same |
|Job Assignment | | | | |
|(12) Sleeping on Job |Written Reprimand, up to 30 days |Dismissal | | |
| |Suspension or Dismissal | | | |
|(13) Negligence |Same |Same | | |
|(14) Revealing Confidential Information in DC |Same |Same | | |
|records to unauthorized person | | | | |
|(15) Possession of an Unauthorized Intoxicant,|Same |Same | | |
|Narcotic, Barbiturate, Hallucinogenic drug, | | | | |
|Central nervous system stimulant, Weapon or | | | | |
|Firearm on DC Property | | | | |
|(16*) Reporting to Work under the Influence of|Same |Same | | |
|an Intoxicant, Narcotic, Barbiturate, | | | | |
|Hallucinogenic drug, or Central nervous system| | | | |
|stimulant | | | | |
|(17*) Drinking an Intoxicant or using a |Same |Same | | |
|Narcotic, Barbiturate, Hallucinogenic drug, or| | | | |
|Central nervous system stimulant on the job | | | | |
|(18) Failure to maintain direct (sight) |Written Reprimand, up to 30 days of|Dismissal |
|supervision of assigned medium, close or |Suspension or Dismissal | |
|maximum custody inmates while outside the | | |
|institution security perimeter | | |
|(19) Leaving the Assigned Work Station without|Same |Same |
|Authorization | | |
|(20) Use of Corporal Punishment, Verbal or |Same |Same |
|Physical Abuse of an Inmate | | |
|(21) Falsification of Forms or Records |Same |Same |
|(22) Conduct Unbecoming a Public Employee |Same |Same |
|(23) Stealing DC Property, Property of an |Same |Same |
|Inmate Visitor or Employee | | |
|(24) Willful Violation of Rules, Regulations, |Same |Same |
|Directives or Policy Statements | | |
|(25) Unauthorized Use of DC Equipment, |Same |Same |
|Property, or Weapons | | |
|(26) Insubordination |Same |Same |
|(27) Destruction or Abuse of DC Property or |Same |Same |
|Equipment | | |
|(28) Destruction of Evidence or Giving False |Written Reprimand, up to 30 days |Dismissal |
|Testimony |Suspension or Dismissal | |
|(29) Unlawfully Obtaining Money from or on |Same |Same |
|behalf of an Inmate or Person under | | |
|Supervision | | |
|(30) Failure to Report and Turn in Without |Same |Same |
|Delay all Property Found, Seized, or Taken | | |
|Officially | | |
|(31) Failure to Submit to a Required Physical |Same |Same |
|Exam | | |
|(32) Failure to follow Oral or Written |Same |Same |
|Instructions | | |
|(33) Abuse of Sick Leave Privileges |Same |Same |
|(34) Careless or Unsafe Handling of Firearms | Same |Same |
|or Other Weapons | | |
|(35) Cowardice |Same |Same |
|(36) Failure to report for duty when |Same |Same |
|instructed to do so in time of emergency or | | |
|potential emergency | | |
Rulemaking Authority 944.09 FS. Law Implemented 110.227, 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.
33-208.101 Employee Grooming, Uniform and Clothing Requirements.
(1) The following grooming standards shall apply to all Department of Corrections employees:
(a) All employees shall maintain a professional appearance at all times while performing official duties.
(b) All employees shall maintain personal hygiene and shall keep themselves personally neat and clean while on duty.
(c) Clothing will be clean and pressed as is appropriate for the particular garment.
(d) Clothing shall be appropriate for the particular assignment.
(e) Shoes will be clean, presentable, and appropriate for the particular assignment.
(f) Policies regarding the wearing of neck ties for office staff will be determined by the Secretary, Deputy Secretary and Office Directors.
(g) Hair will be neat, clean, trimmed and present a groomed appearance. If the hair is dyed, only natural shades will be permitted.
(h) Earrings are prohibited for male staff. Earrings for female staff will constitute the only body piercing ornaments allowed. No employee will display while on duty any other jewelry of which any part has been pierced into or through the skin or flesh of any part of the body.
(i) Undergarments shall not be visible.
(j) All employees shall dress in a manner appropriate to their positions and duties and shall avoid eccentricities in their personal appearance.
(k) All employees shall dress in a manner required by the court for all court appearances.
(l) Identification cards.
1. Except as provided below, all employees shall wear the department issued ID card in a visible manner that will identify the individual at all times while on duty.
2. For security purposes when interacting with offenders, probation and parole field staff, including administrative and clerical support, are not required to wear the department issued ID card in a visible manner; however, they must be in possession of the department issued ID card for identification purposes while on duty.
(2) In addition to the standards set forth in subsection (1), all male employees shall comply with the following grooming standards:
(a) Hair will not completely cover any part of the ear or go below the ear or extend below 1/2 inch of the top of the collar.
(b) Facial hair for staff is authorized as follows:
1. Staff must notify the correctional office chief or, in the case of non-uniformed staff, their immediate supervisor, in writing, of their intention to grow authorized facial hair. Conversely, staff must also notify the correctional officer chief or, in the case of non-uniformed staff, their immediate supervisor, in writing, of their intent to shave previously authorized facial hair;
2. Any authorized facial hair as described below in subparagraph (2)(b)5. shall not exceed 1/4 inch in length;
3. The wearing of authorized facial hair must not interfere with the performance of assigned duties;
4. Staff must obtain a new staff photo ID within one week of the completion of growing or shaving of authorized facial hair;
5. Authorized facial hair is defined as:
a. A moustache that does not protrude below the top of the upper lip or past the corner of the mouth on the side; or
b. A full-face beard; or
c. A goatee with or without a moustache.
6. The growing of variations of the above, i.e. chin curtain, soul patch, handlebar moustache, mutton chops, and other similar styles is not authorized.
(3) Uniform requirements for correctional officers are provided in Rule 33-602.601, F.A.C. Badge requirements for correctional probation officers are provided in Rule 33-302.115, F.A.C.
(4) Employees are solely responsible for alterations to and the care of uniforms and clothing issued by the department. Instructions for care which are attached to each item of clothing should be followed. Unless specified otherwise, the laundering and cleaning of clothing items issued to employees is the responsibility of the employee. Any items of department issued clothing, including correctional officer uniforms, which have been contaminated by blood or other body fluids shall be left at the institution to be laundered at an outside facility to prevent contamination outside the work area. All contaminated items shall be kept together apart from non-contaminated laundry and shall be clearly marked as contaminated for transmission to a professional laundering service. Contaminated items shall be placed in a water soluble bag and then placed in a yellow plastic bag labeled “Contaminated Linen” and sealed shut. Personnel handling the yellow bag during transport to the commercial laundry shall wear disposable latex gloves and shall inform personnel at the commercial laundry that the items in the bag are contaminated. Employees shall bear the cost of replacements of items lost or damaged due to improper use, care or maintenance of the item. Restitution is to be in the amount equal to the cost of the articles of clothing lost or damaged, or equal to the cost of replacement, whichever is less.
(5) Uniforms and clothing issued by the department are the property of the state and must be returned to the department upon termination of employment. Employees shall be allowed to retain issued uniforms and clothing when transferring to another institution of the department. Prior to the transfer, the transferring employee must update his or her Individual Clothing Record, Form DC2-816, and must make restitution for any lost or missing clothing. Form DC2-817, Authorization for Uniform Replacement, shall be used by officers requesting replacement of worn or otherwise unserviceable uniforms. Forms DC2-816 and DC2-817 are incorporated by reference in subsection (8) of this rule. Unserviceable clothing shall be rendered unwearable by shredding after the removal of all patches.
(6) The following provisions shall apply to health services employees:
(a) All health services staff providing direct care to inmates at an institution shall wear the department issued ID card in a visible manner that will identify the individual at all times while on duty and a nameplate with the employee’s last name, first name initial, and initials of licensure or certification.
(b) Physicians, clinical associates, dentists, dental assistants, dental hygienists, nurse supervisors, nurse consultants, executive nursing directors and pharmacists will have no prescribed uniform.
(c) Nurses, correctional medical technicians certified, health support workers, unit treatment rehabilitation specialists, ward clerks, radiology technicians and medical technologists shall be required to wear scrub suits or the standard nurse uniform. The nurse scrubs or uniform must be provided by the employee. No denim scrubs or uniforms will be permitted.
(d) Employees in the position of registered nurse, LPN, correctional medical technician, correctional medical technician certified, medical technologist, radiology technician, UTR and “ward clerk” must wear shoes such as closed toe white leather or leather-like tennis shoes.
(e) The following shall apply to health services staff whose duties require providing direct care to inmates in an institution, including physicians, pharmacists, dentists, clinical associates, registered nurses, LPNs, correctional medical technicians certified, medical technologists, health support workers, UTRs and “ward clerks”.
1. Excessive jewelry shall not be worn with the uniform. Jewelry that could be used to disable an employee will not be worn. No bulky or ornate jewelry will be worn. Bracelets or earrings are prohibited for male staff. Female staff shall be allowed to wear earrings; however, only one pair of post or clip-on earrings will be worn at a time and will be worn on earlobes only. Earrings for female staff will constitute the only body piercing ornaments allowed. For safety purposes, earrings shall not be hooped or dangling.
2. Fingernails will be neatly trimmed and clean. Fingernails shall not extend more than 1/4 inch past the end of the finger. Artificial fingernails or extenders will not be worn when having direct contact with high risk inmates, i.e., in a licensed hospital facility, intensive care units, operating rooms, or dialysis units. Hair shall be maintained in a manner consistent with infection control practices and safety considerations.
(7) All chaplains shall wear a silver-colored nameplate. The first line will be engraved with the word “Chaplain” and the second line will be engraved with the employee’s last name. The nameplate will be issued by the department.
(8) Forms. The following forms used in implementing the provisions of this rule are hereby incorporated by reference:
(a) Individual Clothing Record, DC2-816, effective 10-8-07.
(b) Authorization for Uniform Replacement, DC2-817, effective 12-18-00. A copy of these forms may be obtained from the Forms Control Administrator, Office of Research, Planning and Support Services, Department of Corrections, 501 South Calhoun Street, Tallahassee, Florida 32399-2500.
Rulemaking Authority 944.09 FS. Law Implemented 944.09 FS. History–New 2-27-85, Amended 6-19-85, Formerly 33-4.07, Amended 3-6-88, 8-15-89, 2-12-91, 10-13-91, 4-19-98, 12-7-98, Formerly 33-4.007, Amended 10-5-99, 3-21-00, 12-18-00, 4-30-02, 2-20-03, 6-26-03, 10-27-03, 12-28-03, 12-12-04, 9-11-06, 2-6-07, 10-8-07.
33-208.201 Relief Factor for Staffing Security Posts.
The formula contained in this section will generate a “relief factor” which is to be used in the department’s budgets and operations to determine the number of correctional officer positions needed to staff approved security posts.
(1) The formula is: the workdays required annually to staff a security post divided by the workdays available annually per correctional officer equals the “relief factor”.
(2) The formula’s components are:
(a) The workdays required annually to staff a security post 5 days per week total 261 days;
(b) The workdays required annually to staff a security post 7 days per week total 365 days;
(c) The workdays available annually per correctional officer are 365 days, less 104 normal days off, less authorized holidays, and less the average leave and training days used by correctional officers during the preceding year.
Rulemaking Authority 944.09 FS. Law Implemented 944.09 FS. History–New 4-29-86, Amended 6-19-90, Formerly 33-4.008.
33-208.301 Employment Gender Policy for Security Positions.
(1) In accordance with 42 USC 2000e, et seq., the Department of Corrections shall not engage in any act or practice which has the purpose or effect of unlawfully discriminating against any female employee or any female applicant or potential applicant for employment in the Florida Department of Corrections in a security position because of such individual’s sex. The department shall seek to achieve the employment of females in security positions in the department in proportions approximating their interest in and ability to qualify for such positions. This shall not be interpreted as to require the hiring of unnecessary personnel or the hiring, transfer, or promotion of any person who is not qualified.
(2) For the purposes of this rule, the following definitions shall apply:
(a) Correctional Officer – means the entry-level position of Correctional Officer and the position of Correctional Officer Sergeant in the department assigned to security, unless otherwise indicated.
(b) Correctional Officer Supervisor – refers to the promotional line of progression in correctional officer positions, i.e., Correctional Officer Lieutenant, Correctional Officer Captain, Correctional Officer Major and Correctional Officer Colonel, or their equivalent designations.
(c) Security positions, posts, shifts or assignments – refers to those positions, posts, shifts or assignments where correctional officers within the Department of Corrections’ security department serve.
(d) Correctional facility – refers to all institutions or facilities which are now operational or become operational within the department, and which are administered directly by the Department of Corrections.
(3) All security positions, posts, shifts and assignments at all Department of Corrections’ facilities shall be open to women on an equal basis with men, except that the Secretary of the Department or his designee may designate certain security positions as gender specific to the inmates being supervised based on the privacy and security interests of inmates, staff, and the general public. In designating specific security positions, posts or assignments within an institution which are to be gender specific, the secretary or his designee shall consider whether such post, position or assignment was previously open to or staffed by female correctional officers or supervisors. No female correctional officer or supervisor currently in such position, post or assignment shall be involuntarily reassigned, transferred or otherwise removed on the basis of gender.
(4) All females currently holding security positions in the department who are otherwise eligible for promotional security positions shall be considered eligible for those promotional positions regardless of their lack of prior experience in housing or other assignments involving significant contact with offenders.
(5) No person shall be retaliated against or adversely affected because that person has opposed discriminatory policies or practices by the department or because of that person’s participation or cooperation with the initiation, investigation, litigation or administration of any claim of unlawful gender discrimination.
Rulemaking Authority 20.315, 944.09 FS. Law Implemented 20.315, 944.09 FS. History–New 12-20-92, Formerly 33-4.011.
33-208.401 Personal Vehicle Damage Reimbursement Claims.
(1) Pursuant to Section 944.0611, F.S., employees of the Department of Corrections who are required to use their personal vehicles in the performance of their duties are allowed to file claims for damages made to their personal vehicles while on state business.
(2) Responsibilities.
(a) An employee whose vehicle is damaged while on duty shall make a full written report describing the incident to his or her immediate supervisor within 72 hours.
(b) To qualify to be reimbursed for any deductible claim, the claimant shall have in effect, prior to any accident under which a deductible reimbursement is sought, an automobile insurance policy issued by an insurance company authorized to operate by Florida law. Such policy shall be inclusive of property damage or collision coverage upon his or her vehicle for which he or she seeks to claim reimbursement of a deductible amount. The Department shall not be required to pay any deductible reimbursement in excess of six hundred dollars ($600).
(c) To request reimbursement for damage to his or her personal vehicle, an employee must submit the following documentation to his or her immediate supervisor within 30 days following the incident.
1. A copy of the initial written report as described in paragraph (2)(a).
2. Receipt for payment of vehicle repair and documentation of insurance deductible.
3. A copy of the police report.
4. A copy of the vehicle registration form.
5. A copy of the leave and attendance report and travel reimbursement for the time in which the incident occurred.
Rulemaking Authority 944.0611 FS. Law Implemented 944.0611 FS. History–New 3-17-96, Amended 11-16-97, Formerly 33-4.014, Amended 2-8-07.
33-208.402 Professional License, Certification and Registration Requirements.
(1) It is the responsibility of any employee in a position requiring professional license, certification, or registration to maintain the required license, certification or registration and to provide the department with a copy of such upon employment and upon renewal. If the employee’s license, certification or registration is suspended, revoked, lapses, or is placed under restriction, the employee shall make an immediate report in writing within three working days to the Secretary, Assistant Secretary, Regional Director, Regional Division Director, Circuit Administrator, or warden. In circumstances where an employee’s license, certification or registration is suspended, revoked, or placed under restriction, the following information shall be contained in the report: any action taken by the professional board or other professional licensing body such as disciplinary fines, limitations or restrictions; and the time period of such suspension, revocation or restriction.
(2) Driver’s License Requirement for Correctional Officers and Correctional Probation Officers.
(a) Effective July 1, 1998, all employees in the correctional officer and correctional probation officer classes shall be required to possess a valid driver’s license as a condition of employment.
(b) Any employee in the correctional officer or correctional probation officer class who does not have a valid driver’s license shall immediately report this in writing to the officer-in-charge, warden, circuit administrator, regional director, assistant secretary, or inspector general.
(c) A valid driver’s license is defined as:
1. A current Florida driver’s license for an employee residing in Florida; or
2. A current driver’s license from another state if the employee resides in another state but is currently employed in Florida.
(d) Any correctional officer or correctional probation officer who fails to maintain a valid driver’s license for any reason shall be subject to disciplinary action in accordance with Chapter 33-208, F.A.C., and is subject to being removed from the position for inability to perform assigned duties and responsibilities by failing to meet minimum qualifications for employment.
(e) A correctional officer or correctional probation officer who loses his or her driver’s license or driving privileges due to a medical condition (excluding cases which involve the use of illegal drugs or abuse or misuse of alcohol) and who has a medically certified prognosis and documentation from the Florida Department of Highway Safety and Motor Vehicles (or comparable documentation for licenses issued in another state) that the employee will be able to operate a motor vehicle at some future date, shall not be permitted to operate a state motor vehicle until his or her license and driving privileges are restored. The Department of Corrections will review the officer’s driver’s license status at such time as the Florida Department of Highway Safety and Motor Vehicles (or comparable agency for licenses issued in another state) revisits the license or privileges revocation.
(f) Any correctional officer or correctional probation officer with a driver’s license that has been suspended for a period of 6 months or less must obtain a hardship license for business purposes in order to operate a state-owned motor vehicle.
(g) Any correctional officer or correctional probation officer with a driver’s license that has been suspended or revoked for a period of more than 6 months must obtain a hardship license for business purposes in order to operate a state-owned motor vehicle within 90 calendar days of the date of the license suspension or revocation. The 90 day period will only be extended due to the existence of extraordinary circumstances beyond the control of the officer such as natural disaster situations where, despite the officer’s having made diligent efforts to obtain a hardship license, a timely hearing or response to the hardship petition could not be obtained because of the disaster.
(h) Correctional officers and correctional probation officers shall be responsible for immediately reporting when their driver’s licenses have been reinstated and driving privileges have been restored.
(i) Any correctional officer or correctional probation officer who is required to obtain a hardship license and is unable to do so must present documentation to the department reflecting the officer’s inability to obtain a hardship license. The department will conduct a job search for the officer and attempt to find other positions for which the officer meets minimum qualifications. If there are no other positions for which the officer is qualified, the officer will be dismissed for inability to perform job duties.
Rulemaking Authority 944.09 FS. Law Implemented 944.09 FS. History–New 3-23-99, Formerly 33-4.016.
33-208.403 Random Drug Testing of Employees.
(1) Definitions.
(a) Authorizing Individual – The person designated by the Chief of Personnel to interact with an employee regarding the drug testing program.
(b) Chain of Custody – The procedures used to account for the integrity of each specimen by tracking its handling and storage from the point of specimen collection to final disposition.
(c) Contact Person – The employees designated by the Chief of Personnel to interact with the laboratory and Medical Review Officer and coordinate the drug testing program.
(d) Medical Review Officer – A licensed physician under contract with the Department or the outside vendor used by the Department who reviews all drug tests from the laboratory and makes the final determination regarding the test result.
(e) Random Employee Drug Test – A drug test conducted upon a computer-generated random sampling of Department employees, administered for the purposes of detecting the presence of drugs, controlled substances (including anabolic steroids) or their metabolites.
(2) All Department employees shall be subject to mandatory random employee drug tests.
(a) The Department shall generate random lists of employees subject to testing each fiscal quarter. The time period for testing in an individual quarter shall be randomly chosen each quarter.
(b) The Department shall disburse the list to the authorizing individuals during each random testing period.
(c) The list shall include the date by which all tests for that testing period must be completed.
(d) Each time an employee’s name appears on the random list, he or she shall be tested regardless of whether or not he or she has been previously tested.
(e) Listed employees shall not be excused from random drug testing unless they are on approved leave of absence or are out of town on Department business. If the employee returns to his or her assigned worksite in time for the test to be rescheduled and completed within the prescribed time period, the authorizing individual shall ensure testing is completed.
(f) The list is confidential and shall not be disseminated to non-essential staff members prior to testing.
(4) Off-Site Testing and Confirmation Process. Once an employee is selected for a drug test, the authorizing individual shall:
(a) Initiate the chain of custody process;
(b) Provide the employee with the drug testing instructions and directions to the designated collection site;
(c) Provide the employee with a written notice and consent for testing form that advises the employee that he or she has been randomly selected for testing and that he or she has 24 hours to complete the test.
(5) Once the necessary forms have been completed and signed, the employee shall be instructed to present the employee’s Department of Corrections’ employee identification card to collection site staff. The employee shall take all copies of the chain of custody form to the collection site.
(6) The employee shall remain at the collection site until able to produce a sufficient specimen unless the employee advises that a medical condition has caused the inability to produce a sufficient specimen. If the employee cannot produce a sufficient specimen quantity, the collection site staff shall contact the authorizing individual. The employee shall provide a doctor’s statement to the authorizing individual within three business days attesting to the medical condition. If the current random testing period has not expired, the employee will be given another notice that he or she has 24 hours to complete the test and will be required to report again for testing.
(7) If an employee’s test results show the specimen to be adulterated, the employee will be considered to have failed the test.
(8) If the employee fails or refuses to cooperate in any way with the drug testing process as outlined in this rule, including completing and signing required paperwork; failing to report to the collection site within the specified time frame; failing to follow proper collection site protocols; failing to provide a specimen without a doctor’s statement as specified in subsection (6); using a substitute specimen; or providing a specimen determined to be adulterated, the authorizing individual shall notify the servicing personnel office, and the employee shall be advised in writing that he is subject to disciplinary action up to and including dismissal for refusal to submit to testing.
(9) Refusal to submit to drug testing is considered to be a failed drug test.
(10) If the employee’s test results are negative for drugs but show possible dilution, the test shall be considered negative.
(11) If the test results are positive, the specimen will be retested by the laboratory for confirmation.
(12) All employees with a positive confirmed drug test shall be contacted by the Medical Review Officer within three days of receipt of the results from the laboratory and offered the opportunity to produce valid documentation of lawful ingestion of the identified controlled substance. The Medical Review Officer may also request consent to review the employee’s medical records to assist in evaluating the test results. The employee shall have five days from the date of contact by the Medical Review Officer to present valid documentation of lawful intake of the identified controlled substance from the positive test results.
(13) If the Medical Review Officer cannot contact the employee within three days, the Medical Review Officer shall request that the contact person direct the employee to contact the Medical Review Officer. If the employee does not contact the Medical Review Officer within two days from the request to the employee by the contact person, the Medical Review Officer shall report the test results as positive, which is considered to be a failed drug test.
(14) In the event of collection site or laboratory error, the Medical Review Officer will report the test results as cancelled and a retest shall be scheduled immediately. The employee shall be given no more than 24 hours notice for the retest. If a re-test cannot be conducted prior to the deadline for the random testing period, the authorizing individual shall provide an explanation to the Chief of Personnel.
(15) If the Medical Review Officer receives subsequent documentation that a positive test result was caused by a legitimate use of drugs, the Medical Review Officer shall report the result as negative and the Department’s contact person shall be notified as such.
(16) Should subsequent documentation be received reflecting that the positive result was in error, the authorizing individual shall inform the Bureau of Personnel so that remedial action can be taken if necessary.
(17) In the case of positive test results for which the employee did not or could not provide valid documentation of lawful intake of the identified controlled substance, the employee shall be notified in writing of the positive test results and the consequences of the results, in accordance with the following:
(a) For staff not certified under Section 943.13, F.S.:
1. First-time positive result:
a. All such employees will be given a mandatory referral to the employee assistance program.
b. Any governing licensure/certification board (relevant to the employee’s position requirements) will be advised of the positive test result.
c. The employee will be required to complete the course of treatment recommended by the employee assistance program treatment provider.
d. If the employee refuses to comply with all requirements of the course of treatment recommended by the employee assistance program treatment provider, she/he will be dismissed.
e. Once the employee is released to return to work by the treatment provider, the employee will be returned to work in the same or equivalent position, unless such action is prevented due to actions taken by the governing licensure or certification board or body relevant to the employee’s position requirements.
f. If actions by a governing licensure or certification board or body prevent placement into or ongoing employment in the previously held position, the Department will offer alternate position placement in accordance with the employee’s qualifications, if such is available. If no alternate position placement is available or the employee is unwilling to accept available placement options, the employee will be dismissed.
g. Follow-Up Testing: All employees who remain employed following a first time positive confirmed drug test will be subject to follow-up urinalysis drug testing pursuant to Section 112.0455, F.S.
2. Second time positive test result.
a. Any such employee receiving a second-time positive confirmed drug or alcohol test will be dismissed.
b. Any governing licensure or certification board or body relevant to the employee’s position requirements will be contacted and provided with a report.
(b) For staff certified under Section 943.13, F.S., who test positive:
1. All employees receiving a positive confirmed drug test will immediately be placed on leave status, and the Department will initiate official proceedings to remove the employee from his position.
2. The Criminal Justice Standards and Training Commission or other governing licensure/certification board relevant to the employee’s position requirements will be contacted, and the Department shall move to terminate the employee.
(c) Employees in trainee or probationary status.
1. Any employee in trainee or probationary status receiving a positive confirmed drug test will be dismissed.
2. Any other governing licensure or certification board or body (relevant to the employee’s position requirements) will be contacted and provided with a report.
(18) The following appeal process shall be available to an employee who wants to appeal a positive confirmed drug test.
(a) Within 5 working days of the notification of the failed drug test, the employee may submit a letter to the Chief, Bureau of Personnel, contesting or explaining the result.
(b) Within 180 days after receipt of the notification of the failed drug test, the employee may request a re-test of the original specimen at the employee’s expense by the same laboratory or another laboratory licensed and approved by the Agency for Health Care Administration. The re-test must be at an equal or greater sensitivity for the drug in question as was used in the first laboratory test. All costs associated with such re-tests shall be borne by the employee.
(19) On-Site Presumptive Testing with Confirmation Process Follow-up for Presumptive Positives. If on-site presumptive testing is employed, the authorizing individual shall:
(a) Ensure administration of presumptive testing using an oral fluid device or other non-invasive process;
(b) Refer employees with presumptive positive results to off-site testing in accordance with subsection (4) of this rule.
(20) No employee selected for random urinalysis testing shall be required to provide the specimen in the direct visual or audial presence of the tester unless there is a documented reason to suspect that the employee has or will adulterate the specimen, such as a prior finding of adulteration.
(21) All information, interviews, statements, memoranda, and drug test results, written or otherwise, received or produced as a result of the drug testing program shall be confidential.
Rulemaking Authority 944.09, 944.474 FS. Law Implemented 112.0455, 944.09, 944.474 FS. History–New 9-11-05, Amended 12-18-06, 12-3-08, 10-9-11, 2-13-12.
33-208.501 Staff Housing – Definitions.
For the purposes of this chapter:
(1) “Department” means the Department of Corrections.
(2) “Secretary” means the executive in charge of the Department.
(3) “Institution” and “institutional,” unless specified, means both major institutions and smaller facilities in the Department.
(4) “Warden,” unless specified, means the senior administrative officer in charge of major institutions and any smaller satellite units administratively attached.
(5) “Staff housing” means all places where Department employees reside on institution grounds including state-owned houses, apartments, mobile homes, mobile home spaces and rooms in officer quarters. A mobile home privately owned by an employee is not considered staff housing.
(6) “Occupant” means a Department employee or authorized person who occupies assigned staff housing.
(7) “Essential Staff” refers to those staff who perform critical functions in times of institutional emergencies. Examples include members of special squads, maintenance personnel, medical personnel, and correctional officers.
(8) “Guest” refers to someone other than an authorized occupant that may be present in the home for a period not to exceed 30 days.
(9) “Approving Authority”.
(a) For institutions means the deputy secretary, chief of staff, assistant secretaries, regional directors, wardens or assistant wardens with authorizing authority for volunteers or interns and associated programs at an institution;
(b) For facilities or offices means the deputy secretary, cheif of staff, assistant secretaries, regional directors, circuit administrators and deputy circuit administrators with authorizing authority for volunteers or interns and associated programs at a facility or office.
Rulemaking Authority 20.315, 944.09(1), 945.025(1) FS. Law Implemented 20.315, 944.09(1), 944.10, 945.025(1) FS. History–New 9-1-88, Formerly 33-26.001, 33-602.501, Amended 8-16-00, 4-8-02, 3-30-05.
33-208.502 Staff Housing – Intent.
Staff housing is provided to enhance institutional security and critical operations by having key Department employees and Correctional Officers available during their non-duty hours for immediate response in emergencies.
Rulemaking Authority 944.09(1) FS. Law Implemented 20.315, 944.09(1), 944.10, 945.025(1) FS. History–New 9-1-88, Formerly 33-26.002, 33-602.502.
33-208.503 Staff Housing – Administrative Responsibilities.
(1) The regional director is primarily responsible for administering the department’s staff housing program. As the representative of the regional director, the warden’s duties include:
(a) With support from service center staff, to ensure accurate records of staff housing, state-owned equipment and furnishings, occupants, rent and utilities, as well as proper maintenance and condition of staff housing and grounds.
(b) Disseminate information to staff regarding this chapter and the institution’s operating procedures on staff housing.
(c) Evaluate all Staff Housing Agreements for approval or disapproval of assignment to staff housing in accordance with Rule 33-208.504, F.A.C., herein.
(d) Review all complaints from and against occupants and recommend corrective action as needed regarding staff housing, state-owned equipment and furnishings, grounds and occupants.
(e) Inspect all staff housing as specified in this chapter.
(f) Coordinate other staff housing activities.
(2) Complaints regarding staff housing shall be submitted to the warden in memo form giving details surrounding the issues involved.
(a) The warden shall review the issues and any other pertinent information surrounding the issues in dispute and make a final decision.
(b) A written response describing any corrective action or conclusions shall be provided to the individual lodging the complaint.
Rulemaking Authority 944.09(1) FS. Law Implemented 20.315, 944.09(1), 944.10, 945.025(1) FS. History–New 9-1-88, Formerly 33-26.003, 33-602.503, Amended 8-16-00, 3-30-05.
33-208.504 Criteria for Assignment to Staff Housing.
The warden shall assign staff housing based upon the best interests of the institution and the following:
(1) Houses, Apartments and Mobile Homes.
(a) To the extent that houses, apartments and mobile homes are available, certain priority staff of a major institution shall be required to live at the institution of their assignment so that emergencies can be resolved with a minimum of delay. An institution with insufficient housing for its priority staff may be allocated such housing at a nearby institution by the Regional Director. The following priority staff are listed in the order of priority by which the assignment of at least one employee in each category shall be considered by the warden. The warden also has authority to recommend that these personnel live off the grounds. Only the Secretary may alter these priorities based upon proof of an employee’s significant personal hardship or the best interests of the Department.
1. Warden.
2. Assistant Warden.
3. Chief of Security.
4. Regional Directors.
5. A staff member who is a Duty Warden and whose duty station is an institution.
6. Licensed Medical Representative, who is either a Physician, Clinical Associate, Registered Nurse, or Licensed Practical Nurse.
7. Maintenance Representative, who is qualified to respond to varied maintenance emergencies.
8. Fire Chief or Firefighter Supervisor, where such position is authorized.
9. Senior or Supervising Chaplain.
(b) Houses, apartments and mobile homes that are available after the above assignments are made shall be assigned to Correctional Officers, with highest priority given to the higher ranks of security staff and to those assigned to special squads and emergency duties. Correctional Medical Technicians who are assigned to special squads as medical first responders are also included as priority assignees for such housing.
(2) Mobile Home Spaces.
(a) Employees who personally own mobile homes and who are priority staff or security staff, as specified in subsection (1) above, shall be given the same priority consideration for a mobile home space upon request.
(b) Employees or occupants of personally owned mobile homes must provide proof of ownership by title or registration. Compliance with this requirement shall be noted on Form DC2-808A, Staff Housing Agreement. Form DC2-808A is incorporated by reference in Rule 33-208.506, F.A.C.
(c) If any mobile home spaces remain vacant after the foregoing priorities are exercised, other employees who personally own mobile homes shall be considered for non-priority assignment to a mobile home space upon request. Non-priority assignees shall immediately report for duty in emergencies the same as required of priority employees.
(d) Mobile homes owned by employees are not considered staff housing and will not be subject to annual inspections, but if there is cause to suspect illegal activities are occurring at that location, the Inspector General’s Office shall be contacted.
(3) Rooms in Officer Quarters.
(a) Employees who require only a bedroom and who are priority staff or security staff, as specified in subsection (1) above, shall be given the same priority consideration for a room in the officer quarters upon request.
(b) If any rooms remain vacant after the foregoing priorities are exercised, other employees shall be considered for non-priority assignment to a room upon request. Non-priority assignment shall immediately report for duty in emergencies the same as required of priority employees.
(c) The warden of a major institution shall designate one or more rooms in an officer quarters for use by department employees temporarily visiting the institution on official duty when so requested by the Secretary to meet the housing needs of such employees.
(4) Housing Assignments for Volunteers and Interns.
(a) The approving authority is authorized to approve the furnishing of lodging at a department facility or institution, when available, to a volunteer or intern whose presence is determined to be necessary to the department in the performance of department related duties. However, assignment of permanent employees shall be a higher priority than assignment of volunteers or interns. Only after all permanent employees desiring staff housing have been accommodated will housing be assigned to any volunteers or interns.
(b) Written approval must be obtained from the approving authority prior to any commitment to the intern or volunteer.
(5) Any occupant of staff housing, including officers quarters, state mobile homes and personally owned mobile homes, who is not on the priority or non-priority list shall be permitted to remain an occupant of staff housing provided that he or she abides by the provisions of this rule. This rule provision shall apply to all occupants who reside in any type of staff housing prior to and on the effective date of this amendment.
Rulemaking Authority 944.09 FS. Law Implemented 20.315, 944.09, 944.10, 945.025 FS. History–New 9-1-88, Amended 9-5-89, Formerly 33-26.004, 33-602.504, Amended 8-16-00, 4-8-02, 1-19-03, 3-30-05, 9-5-06, 4-20-10.
33-208.505 Staff Housing – Rent and Utilities.
The Department of Management Services (DMS) is required by law to approve all perquisites and sales of goods and services, including staff housing and utilities, effective each July 1st. Once initially approved by DMS, each July 1st the chief of staff shall approve all perquisites including staff housing and utilities. Any rent or utility charges approved for the Department of Corrections at fixed rates shall be paid by payroll deduction.
Rulemaking Authority 944.09(1) FS. Law Implemented 20.315, 944.09(1), 944.10, 945.025(1), 216.262(1)(e), (f) FS. History–New 9-1-88, Formerly 33-26.005, 33-602.505, Amended 8-16-00, 4-8-02.
33-208.506 Staff Housing Agreement Form.
(1) Any employee who is required or requests to occupy staff housing shall submit a completed Staff Housing Agreement, Form DC2-808A, for processing in compliance with the assignment criteria in Rule 33-208.504, F.A.C., herein. This form is hereby incorporated by reference, and a copy may be obtained from the Forms Control Administrator, Department of Corrections, 501 South Calhoun Street, Tallahassee, Florida 32399-2500. The effective date of this form is October 29, 2008.
(2) A new Staff Housing Agreement shall be submitted by any occupant who desires further assignment to staff housing after either changing positions to one outside of the class series under which the current assignment was made or transferring to another institution. The new Staff Housing Agreement shall be processed in compliance with the assignment criteria in Rule 33-208.504, F.A.C., herein. As an employee changes positions, there is no guarantee of staff housing in that there may be a higher priority need unique to a specific location.
(3) All Staff Housing Agreements shall be submitted to the assistant warden for operations for processing by the warden, with subsequent filing in the service center.
Rulemaking Authority 944.09(1) FS. Law Implemented 20.315, 944.09(1), 944.10, 945.025(1) FS. History–New 9-1-88, Formerly 33-26.006, 33-602.506, Amended 8-16-00, 4-8-02, 3-30-05, 10-29-08.
33-208.507 Responsibilities of Staff Housing Occupants.
(1) Emergency Duty.
(a) Occupants shall immediately report for duty in any type of emergency when requested by the warden or his representative, including, but not restricted to, the duty officer or shift officer-in-charge. The existence of an emergency shall be determined by the warden or his representative.
(b) Occupants of all staff housing, except officer quarters, shall immediately install a telephone upon occupancy and furnish the number to the Chief of Security and service center personnel office.
(2) General.
(a) Occupants shall be responsible for compliance with all applicable laws, rules, procedures, policy and procedure directives and institutional operating procedures by themselves, family members and guests.
(b) Occupants shall be responsible for the care and appearance of the staff housing and grounds assigned. Yards, carports and other areas shall be kept free of clutter, trash or junk, including abandoned or junked vehicles.
(c) Occupants shall not alter the physical structure of staff housing unless a written request is approved in advance by the warden based upon the adequacy of structural considerations, aesthetic compatibility with existing structures, and the best interests of the institution. If the occupant is the warden, a written request must be approved in advance by the regional director.
(d) Occupants shall not install structures or buildings such as carports, portable pools, utility buildings, storage shelters and fences unless a written request is approved in advance by the warden based upon the adequacy of structural considerations, aesthetic compatibility with existing structures, and the best interests of the institution. If the occupant is the warden, a written request must be approved in advance by the regional director. Any such structure or building that is not designed as a permanent addition to the state-owned housing may be removed by the installing occupant at any time through his last day of occupancy.
(e) Occupants shall familiarize themselves with the boundaries of the grounds assigned to them and shall ensure that they do not trespass on the grounds assigned to others.
(f) Occupants shall be considerate and not make excessive noise, particularly due to the shift schedules of other occupants.
(g) Occupants shall exercise good judgment regarding personal conduct in staff housing by themselves, family members and guests so as to avoid criticism and unfavorable public reaction or publicity. Conduct which could reflect negatively on the State of Florida, the Department of Corrections or the institution may result in disciplinary action.
(h) Occupants of non-metered staff housing shall raise the thermostat setting or turn off air conditioners when nobody is present in staff housing. During winter months heat thermostat settings shall be lowered when no one is present.
(i) Occupants shall make a written report to the assistant warden for operations of any damage to staff housing or state-owned equipment or furnishings no later than the next business day.
(j) Occupants of officer quarters shall not permit family or other persons to reside or be overnight guests in their rooms.
(k) Occupants of staff housing (other than officer quarters) shall be permitted to have short term (less than 30 days in length) guests without approval of the warden. Any occupant who is interested in having a guest remain beyond 30 days shall be required to obtain written approval from the warden. If the guest will be residing at the warden’s residence, written approval shall be obtained from the regional director. Approval of the warden or regional director shall be based upon criminal history information. A guest who has been convicted of a felony will not be allowed to remain in staff housing and will be required to vacate the premises within 48 hours.
(l) Employees shall not allow guests to circumvent the 30 day duration provision by temporary breaks in residence.
(m) Occupants of officer quarters shall keep their rooms and furnishings neat and clean.
(n) Occupants of officer quarters may utilize small electrical devices such as clocks, radios, televisions, computers, coffee makers and compact refrigerators provided the electrical service is sufficient for the load and use does not create a disturbance to other occupants or present a safety hazard.
(o) If an occupant of a personally owned mobile home leaves or transfers from the institution, he or she shall be responsible for removing the mobile home from the institutional grounds prior to or at the time of transfer. Occupants of personally-owned mobile homes who sell or transfer title to their mobile home to someone who is not assigned to occupy a mobile home space shall ensure that the mobile home is removed from the institution grounds prior to or at the time of sale or title transfer. If the new owner is someone who is assigned to occupy a mobile home space, he or she will be required to provide proof of ownership by title or registration as provided in paragraph 33-208.505(2)(b), F.A.C.
(p) Owners of mobile or modular homes must pay all permitting fees required to install the unit in the staff housing areas and any improvements to the structure that are necessary to meet the building codes.
(q) An occupant will not be permitted to sublet any state owned housing.
(3) Pets.
(a) The warden is authorized to establish limits on the number of household pets permitted to any occupant.
(b) No pets may be kept by occupants of officer quarters.
(c) Only household pets may be kept by occupants of staff housing other than officer quarters. Hunting dogs are considered household pets while owned by occupants in staff housing. Such pets, including those owned by family members and guests, are the occupant’s full responsibility and are subject to the following restrictions:
1. Occupants shall not allow pets to run free. Pets shall be kept on a leash or within a fenced area or pen when they are outdoors.
2. Occupants shall adhere to all governmental regulations concerning pets and their immunizations.
3. Occupants shall control the barking of dogs kept on their premises.
4. Occupants shall not install a house or pen for pets unless approved in advance by the warden based upon the adequacy of structural considerations, aesthetic compatibility with existing structures, and the best interests of the institution.
5. Occupants shall promptly remove from the premises any pet that the warden determines to be a nuisance based upon any of the following pet-related conditions:
a. Violation of any restriction specified above;
b. Excessive noise, odor or ferocity;
c. Disease;
d. Excessive number for the available space;
e. Inadequate feeding and care; or
f. Damage to property owned by other persons or the state.
(4) Firearms.
(a) The warden is authorized to enforce the following maximum limits on the number and type of firearms kept in any type of staff housing, to include mobile homes. These quantities are per each occupant who is legally authorized by statute to own or possess firearms.
1. Four shotguns,
2. Four rifles, and
3. Four handguns.
(b) These weapons must be stored safely and securely in accordance with Section 790.174(1), F.S. It is unlawful to store or leave a firearm in any place within the reach or easy access of a minor under 18 years of age.
(c) Ammunition for the firearms listed above is expressly limited to a maximum of one full case per firearm.
(d) Occupants of staff housing are expressly prohibited from possessing machine guns, short barreled shotguns, short barreled rifles, destructive devices, explosives, electric weapons or devices, and dart-firing stun guns, as defined in Section 790.001, F.S.
(e) Occupants of staff housing are expressly prohibited from possessing or storing smokeless propellant powder in quantities exceeding 20 pounds, or commercially manufactured sporting grades of black powder exceeding 20 pounds.
(f) Occupants of staff housing shall follow the restrictions placed on the possession and use of BB guns or air or gas-operated guns by minors under 16 in accordance with Section 790.22, F.S.
Rulemaking Authority 944.09(1) FS. Law Implemented 20.315, 944.09(1), 944.10, 945.025(1) FS. History–New 9-1-88, Formerly 33-26.007, 33-602.507, Amended 8-16-00, 1-19-03, 3-30-05, 10-29-08, 3-19-09.
33-208.508 Staff Housing Inspections.
(1) All staff housing shall be inspected by the warden and a representative of the service center at least once annually, but more often if needed. Inspection reports shall address the condition of the staff housing, the condition of the grounds, and the condition of state-owned equipment and furnishings. A copy of an inspection report shall be furnished to the occupant for correction of deficiencies. Form DC2-808B, Residential Inspection for Staff Housing, shall be used for this purpose. Form DC2-808B is hereby incorporated by reference. Copies of this form are available from the Forms Control Administrator, Office of Research, Planning and Support Services, 501 South Calhoun Street, Tallahassee, Florida 32399-2500. Requests for forms to be mailed must be accompanied by a self-addressed stamped envelope. The effective date of this form is August 16, 2000.
(2) The service center responsible for providing support to institutions in the service area shall keep a current inventory of all staff housing and state-owned equipment and furnishings which shall be used during inspections.
(3) Deficiencies found to be the responsibility of the occupant shall be corrected within one week unless an exception is granted by the warden. The occupant shall report corrective action taken in writing to the warden.
Rulemaking Authority 944.09(1) FS. Law Implemented 20.315, 944.09(1), 944.10, 945.025(1) FS. History–New 9-1-88, Formerly 33-26.008, 33-602.508, Amended 8-16-00, 1-19-03.
33-208.509 Staff Housing – Repairs and Replacements.
(1) State Property.
(a) Institutions are responsible for repairs to staff housing and state-owned equipment and furnishings required due to normal wear and tear; however, occupants shall pay for repairs required due to negligence by themselves, family members or guests.
(b) Any requests for repairs shall be submitted to the Assistant Warden for Operations in memo form for referral to maintenance personnel.
(c) Emergency repairs during non-duty hours shall be transmitted by telephone to the control room for referral to the on-call maintenance staff.
(d) Regardless of how houses, apartments and mobile homes were originally equipped or furnished, state-funded replacements necessitated by normal wear and tear shall be restricted to those items which are considered an integral component of such housing and would remain therein through occupancy changes, such as ranges, refrigerators, central heating units, air conditioners, water heaters and curtains. All other equipment and furnishings, including all basic furniture items, shall be provided or replaced by occupants.
(e) Rooms in officer quarters are fully furnished by the state. The replacement of such state-owned furnishings necessitated by normal wear and tear shall be state-funded.
(2) Personal property of occupants, family members and guests. Neither the Department nor any other agency will be responsible or liable for damage or loss of personal property from any cause, such as fire, flood, wind, rain, lightning, theft, vandalism, negligence or accident while such personal property is in staff housing or on the grounds.
Rulemaking Authority 944.09(1) FS. Law Implemented 20.315, 944.09(1), 944.10, 945.025(1) FS. History–New 9-1-88, Formerly 33-26.009, 33-602.509, Amended 3-30-05.
33-208.510 Termination of Staff Housing Assignment.
(1) Expiration.
(a) An assignment to staff housing shall expire automatically under any of the following conditions:
1. Such staff housing is needed for an employee of a higher priority as designated in Rule 33-208.504, F.A.C., herein;
2. An occupant’s resident family members change from those in the Staff Housing Agreement and approved by the warden so that the staff housing currently assigned, or possibly any staff housing assignment, is no longer in the best interests of the institution;
3. An occupant changes positions to one outside of the class series under which the current assignment was made;
4. An occupant transfers from the institution; or
5. An occupant terminates employment.
(b) Written notice of expiration under subparagraph (1)(a)1. or 2. above, including the effective date, shall be issued to an occupant by the warden with an effective date which shall not exceed fourteen (14) days from the date of written notice. If the occupant is the warden, the regional director shall issue the notice of expiration within the stated time frame.
(c) Written notice to or from an occupant regarding any of the personnel actions under subparagraph (1)(a)3., 4., or 5. above shall constitute notice of the expiration of the assignment to staff housing and the warden shall ensure that Form DC2-808C, Termination of Staff Housing Agreement, is completed and submitted to the service center personnel office. Form DC2-808C is hereby incorporated by reference. Copies of this form are available from the Forms Control Administrator, Office of Research, Planning and Support Services, 501 South Calhoun Street, Tallahassee, Florida 32399-2500. The effective date of this form is April 8, 2002. Expiration shall be effective at the end of the last day of the occupant’s employment in the class series or at the institution.
(2) Revocation.
(a) An assignment to staff housing shall be revoked when it is in the best interests of the institution or Department. Specific grounds for revocation shall include any violation by an occupant, family member or guest of any provision of the housing agreement, this chapter, the institution’s operating procedures, any rule, procedure or policy and procedure directive of the Department, or any local, state or federal law. Revocation may be based on the same conduct for which separate disciplinary action is taken, but each action shall be determined on its own merits. Revocation is not and shall not be considered disciplinary action.
(b) Written notice of revocation, including the effective date, shall be issued to an occupant by the warden. Prior to issuance, both the revocation action and the wording of the written notice must be reviewed by the Regional Director in consultation with the Office of the General Counsel to determine legal sufficiency.
(3) Vacating Premises.
(a) Any occupant whose housing assignment has expired under subsection (1) above shall have 14 days from the date of such expiration to vacate the premises.
(b) Any occupant whose housing assignment has been revoked under subsection (2) above shall have 7 days from the day he receives notice of such revocation to vacate the premises.
(c) The warden is authorized to extend the foregoing periods for up to 30 additional days when he determines that such extension is in the best interests of the institution.
(d) By accepting staff housing, an occupant agrees to pay and shall be assessed liquidated damages of $30.00 per day for every day he remains in occupancy beyond the authorized period. If necessary to enforce this subsection, legal action shall be taken under the Florida Residential Landlord and Tenant Act, Part II, Chapter 83, F.S., and other applicable law. The Office of the General Counsel will advise and coordinate actions to remove the occupant and recover any amount owed.
Rulemaking Authority 944.09(1) FS. Law Implemented 20.315, 944.09(1), 944.10, 945.025(1) FS. History–New 9-1-88, Amended 6-21-89, Formerly 33-26.010, 33-602.510, Amended 8-16-00, 4-8-02, 1-19-03, 3-30-05.
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