Document Citation: 33-208.402, F.A.C.

Header:
FLORIDA ADMINISTRATIVE CODE
TITLE 33 DEPARTMENT OF CORRECTIONS
DEPARTMENTAL
CHAPTER 33-208 PERSONNEL

Date:
08/31/2009

Document:

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.