Fla. Admin. Code R. 11I-1.012

Current through Reg. 51, No. 009; January 14, 2025

Section 11I-1.012 - Standards of Disciplinary Action

The following Standards of Disciplinary Action attached as Appendix "A" and incorporated herein have been established as a guide for use by supervisors to help ensure that all employees receive similar treatment in like circumstances. Realizing that some of the offenses and deficiencies listed will be more serious and more frequent in certain cases, the supervisor taking the disciplinary action shall utilize good judgment in light of all available facts in each case.

The philosophy to be utilized is that of progressive and cumulative discipline. In determining the severity of discipline to be applied, the supervisor should take into account the following variables:

(1) The severity of the disciplinary violation.

(2) The circumstances in which the violation occurred.

(3) The consequences of the employee's actions in regard to its effects on the Department's assigned mission, on the State of Florida, and on other employees.

(4) The overall work record of the employee.

(5) If this is not a first offense for the employee, the length of time since earlier disciplinary actions, the similarity or dissimilarity of offense, and the severity of earlier offenses shall be considered.

(6) Other factors may be considered as appropriate.

Appendix A
Standards of Disciplinary Action:
As stated in these Standards of Disciplinary Action, whenever a standard includes Suspension or Dismissal, said penalty includes all lesser penalties including demotions and reduction in pay.
Offense	First Time	Second Time	Third Time
(1) Unbecoming Conduct	Written Reprimand or Up to 30 days Suspension or Dismissal	Up to 30 days Suspension or Dismissal	Dismissal
(2) Violation of Law or Rules	Oral or Written Reprimand or up to 30 days Suspension or Dismissal	Up to 30 days Suspension or Dismissal	Up to 30 days Suspension or Dismissal
(3) Abuse of Position	Written Reprimand or up to 30 days Suspension or Dismissal	Up to 30 days Suspension or Dismissal	Dismissal
(a) Soliciting or Accepting a Gift, Gratuity, etc.	Written Reprimand or up to 30 days Suspension or Dismissal	Up to 30 days Suspension or Dismissal	Dismissal
(4) Failure to Perform a Lawful Duty or Neglect of Duty	Oral or Written Reprimand or up to 30 days Suspension or Dismissal	Written Reprimand or up to 30 days Suspension or Dismissal	Dismissal
(5) Insubordination	Up to 10 days Suspension or Dismissal	Up to 30 days Suspension or Dismissal	Dismissal
(6) Excessive Tardiness	Oral or Written Reprimand	Written Reprimand or up to 10 days Suspension	Dismissal
(7) Abuse of Leave	Oral or Written Reprimand	Written Reprimand or up to 30 days Suspension or Dismissal	Dismissal
(8) Falsification of Records	Dismissal	Dismissal	Dismissal
(9) Willful Failure to Submit Report that Department Member is Under Investigation by Any Criminal Justice Agency	Up to 30 days Suspension	Dismissal
(10)(a) Alcohol* Abuse	Written Reprimand or up to 10 days Suspension	Up to 30 days Suspension or Dismissal	Dismissal
(10)(b) Drug Abuse	Up to 10 days Suspension or Dismissal	Up to 30 days Suspension or Dismissal	Dismissal
(11) Unauthorized Use of Name, Photograph, and Department Identification	Written Reprimand or up to 10 days Suspension	Up to 30 days Suspension or Dismissal	Dismissal
(12) Negligence	Oral or Written Reprimand or up to 30 days Suspension or Dismissal	Written Reprimand or up to 30 days Suspension or Dismissal	Dismissal
(13) Improper Political Activity	Oral or Written Reprimand	Written Reprimand or up to 30 days Suspension or dismissal	Dismissal
(14) Failure to Carry Proper Identification	Oral or Written Reprimand	Written Reprimand or up to 10 days Suspension	Up to 30 days Suspension or Dismissal
(15) Failure to Properly Identify Oneself	Written Reprimand or up to 10 days Suspension	Up to 30 days Suspension	Dismissal
(16) Divulging Confidential Information, or Unauthorized Dissemination	Up to 30 days Suspension or Dismissal	Dismissal
(17) Failure to Secure or Care for State Property, Including Official Vehicles	Oral or Written Reprimand or up to 10 days Suspension	Up to 30 days Suspension	Up to 30 days Suspension or Dismissal
(18) Failure to Promptly Report Revocation or Suspension of Driver's License	Oral Reprimand or Written Reprimand	Written Reprimand or up to 10 days Suspension	Up to 30 days Suspension or Dismissal
(19) Unlawful or Careless Use or Display of a Weapon	Written Reprimand or up to 30 days Suspension or Dismissal	Up to 30 days Suspension or dismissal	Dismissal
(20) Failure to Inventory, Process, and Reasonably Care for Recovered or Seized Property, or Conversion, etc., or any Property or Evidence	Oral or Written Reprimand or up to 30 days Suspension or Dismissal	Written Reprimand or up to 30 days Suspension or Dismissal	Dismissal
(21) Failure to Give Truthful or Requested Information During Internal Investigation	Written Reprimand or up to 30 days Suspension or Dismissal	Up to 30 days Suspension or Dismissal	Dismissal
(22) Sexual Harassment	Written Reprimand or up to 30 days Suspension or Dismissal	Up to 30 days Suspension or Dismissal

(23) Substandard Work	Oral or Written Reprimand	Written Reprimand or up to 10 days Suspension	Up to 30 days Suspension or Dismissal

*In the case of a person who may be alcoholic, the State's policy on counseling of alcoholics shall be utilized.

Fla. Admin. Code Ann. R. 11I-1.012

Rulemaking Authority 110.227(2), 943.03(3) FS. Law Implemented 110.227(1) FS.

New 7-8-82, Formerly 11I-1.12.