Fla. Admin. Code Ann. R. 11I-1.011 - Acts of Misconduct and Work Standard Violations for Department Employees

The following acts of misconduct and work standard violations are unacceptable for the employees of this Department and will subject them to disciplinary action:

(1) Unbecoming conduct. Unbecoming conduct includes any willful action or conduct which impedes the Department's efforts to achieve its goals, brings discredit on the Department, or impairs the operation or efficiency of the Department or any employee.

(2) Violation of law or rules. Violation of federal, state, or local law, ordinance, rules, or operating procedures of the Department or the State of Florida, either off-duty on personal time, or in the execution of one's duties as an employee of the Department which adversely affects the employee's ability to perform his or her job, or which adversely affects the Department's ability to carry out its assigned mission. This provision applies also to the treatment of persons in custody, use of force, and procedures for arrest, search, and seizure.

(3) Abuse of position. Abuse of position or identification as an employee of the Department for personal gain or influence or to avoid the consequences of unlawful acts. This also includes:

Soliciting or accepting any gratuity, gift, loan, reward, promise of future employment, favor or service that would cause the employee to be influenced in the exercise of official duties or that is based on any understanding that any official action or judgment of the employee may be influenced thereby.

(4) Failure to perform. Failure to perform a lawful duty or neglect of duty during working hours.

(5) Insubordination. Insubordination, or the willful refusal to comply with a lawful order or directive, written or oral. This includes both an expressed refusal to obey a proper order, as well as a deliberate failure to carry out an order.

(6) Excessive tardiness. Failure to be prompt for duty assignment or to follow established work schedules, including reporting late at the beginning of the work schedule, leaving early or returning late from lunch or rest breaks, or leaving work early at the end of the work schedule, all without approval.

(7) Abuse of Leave. This includes:

(a) failure to obtain approval prior to any absence from work, except in the case of an emergency where the employee must be absent prior to receiving approval from the proper authority for the absence;

(b) failure to notify or call in on the first day of an absence;

(c) obtaining leave based upon a misrepresentation (falsification).

(8) Falsification of records. Intentionally making a false or incomplete report, written or oral, or intentionally omitting to make a requested or required report. This includes false illness or injury reports.

(9) Willful failure to submit immediately a written report that any member of the Department, including oneself, is under investigation by any criminal justice agency.

(10)

(a) Alcohol Abuse. Includes reporting for duty or being on duty under the influence of alcoholic beverages, or the unlawful sale of any alcoholic beverages, the unlawful possession of alcoholic beverages and the storage or bringing into any Department facility any alcoholic beverage for consumption within that facility. The possession or storage of alcoholic beverages which are required to be possessed in the performance of official duties, or are held as evidence, does not constitute alcohol abuse under this provision. An employee's violation due to alcoholism, by order of the Governor and Cabinet, must be treated as an illness. The alcoholic shall not be disciplined until after he or she has had an opportunity to seek treatment. If (a) the alcoholic has refused to recognize his or her condition and fails to seek help, (b) fails to complete the program of treatment, or (c) treatment is unsuccessful, discipline shall be administered.

(b) Drug Abuse. Includes the unlawful use of controlled substances, reporting for duty or being on duty under the influence of controlled substances, the unlawful possession or sale of controlled substances, and the storage or bringing into any Department facility any controlled substances. The possession or storage of controlled substances which are required to be possessed in the performance of official duties, are held as evidence, or are prescription drugs for illness does not constitute drug abuse under this provision.

(11) Unauthorized Use of Department Identification. Use of name, photograph, or title which identifies one as an employee of the Department in connection with testimonials, advertisements of any commodity or service, commercial enterprise, charity, or other public uses without the written approval of the Executive Director.

(12) Negligence. The failure to use ordinary or reasonable care in, or the omission of, or inattention to, the performance of assigned duties and responsibilities. Negligence is synonymous with carelessness and signifies lack of care, caution, attention, diligence or discretion.

(13) Improper Political Activity. Participating in any political campaign while on duty or using or attempting to use one's official position as an employee to influence a campaign or political activity, or violation of the laws of Florida or the United States in regard to political activity by public employees.

(14) Failure to Carry Proper Identification. Failure of sworn personnel to carry proper identification at all times except where impractical or dangerous to one's safety or to an investigation.

(15) Failure to Properly Identify Oneself. Failure by an employee to furnish his or her name and position to any person requesting that information while he or she is on duty or while presenting oneself as having an official capacity, except when the withholding of such information is necessary or proper and is authorized by a supervisor.

(16) Divulging Confidential Information or Unauthorized Release or Destruction of Records. Disseminating, releasing, altering, destroying, or removing any Department record without proper authorization or divulging or confirming, either verbally or in writing, any information deemed confidential pursuant to federal or state law including active intelligence or investigative information and the identity of confidential sources.

(17) Failure to Adequately Secure or Care for Department or State Property, including Official Vehicles.

(18) Failure to Report Promptly the Revocation or Suspension of One's Driver's License to One's Supervisor. This applies if driving is a job-related function.

(19) Unlawful or Careless Use or Display of a Weapon.

(20) Failure to Inventory, Process, and Reasonably Care for Recovered or Seized Property, or Conversion, Falsification, Concealment, Destruction or Withholding of any Property or Evidence.

(21) Failure to give truthful or requested information during the course of an internal investigation. Failure to give truthful information includes lying, which consists of oral or written statements that are deliberately inaccurate, incorrect, incomplete or misleading, or a deliberate, material omission.

(22) Sexual Harassment. Any unwelcome sexual advances, request for sexual favors or other verbal or physical conduct of a sexual nature when:

(a) submission to such conduct is made either explicitly or implicitly a term or condition of the individual's employment,

(b) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or

(c) such conduct has the purpose or effect of interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment.

(23) Substandard work.

Notes

Fla. Admin. Code Ann. R. 11I-1.011

Rulemaking Authority 110.227(2), 943.03(4) FS. Law Implemented 110.227(1), (2) FS.

New 7-8-82, Formerly 11I-1.11, Amended 7-14-87, 7-1-90.

New 7-8-82, Formerly 11I-1.11, Amended 7-14-87, 7-1-90.