6250115, 33-208.403 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 6250115

Notice of Proposed Rule

Department:

DEPARTMENT OF CORRECTIONS

Chapter:

PERSONNEL

Overview

RULE:

33-208.403

Random Drug Testing of Employees

PURPOSE:

The purpose and effect of the proposed rule is to provide clarity as to the process following a positive drug test by noncertified staff versus certified staff and employees in trainee status.

SUMMARY:

The proposed rule amends Rule 33-208.403, F.A.C., to insert “for staff not certified under Section 943.13, F.S.” in paragraph (13)(a); staff who are certified under Section 943.13, F.S., who receive a positive confirmed drug test, will be placed on leave status removed from the class and offer, if available, a non-certified position. The certified employee is given a referral to the employee assistance program and the Criminal Justice Standards and Training Commission is contacted and provided a report on the issue. These employees shall be required to complete treatment as recommended by the employee assistance program, or be dismissed, and submit to follow-up testing. The proposed rule also provides for the immediate dismissal of any employee in probationary or trainee status following a confirmed positive drug screening.

RULEMAKING AUTHORITY:

944.09, 944.474 FS.

LAW:

112.0455, 944.09, 944.474 FS.

PRINT PUBLISH DATE:

10/10/2008 Vol. 34/41

COMMENTS:

From 10/10/2008 To 10/31/2008 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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