DEP DIVISION OF LAW ENFORCEMENT
GENERAL ORDER 2-1
CODE OF CONDUCT, CODE OF ETHICS AND THE OATH OF
bargaining agreements. It is the responsibility of
each member of the Division of Law
EFFECTIVE: Oct 3, 2002
Enforcement to adhere to the code of ethics
and code of conduct. Prior to assignment, all
AMENDS: May 21, 2001 sworn members will take and subsequently
abide by the Oath of Office to enforce the law
RESCINDS: GO 5A and uphold the Constitution of the United States
and the Constitution of the State of Florida.
REFERENCE: CFA 11.01M, 2.05, 4.01M.
DEP Directives 390, 435, 462, 620, 460 and 2-1.2 DEFINITIONS
420. Chapters 11.061, 112.313, 112.0455,
705, 843, and 893.02, F.S. Chapter 60K, A. Code of Conduct – Rules and regulations
Florida Administrative Code. Rule 49 CFR. established by the Division of Law Enforcement
Collective Bargaining Agreements. that must be followed by all members.
DISTRIBUTION: All Personnel B. Code of Ethics – Standards of professional
and personal integrity and behavior to which all
AUTHORITY OF: certified personnel must adhere.
C. Oath of Office – Oath that all certified
personnel take expressing their intention to
respect the applicable constitutional rights of
Director Thomas S. Tramel, III those people who are contacted in the course
of performing the duties of a law enforcement
DATE: ____10/3/02__________________ officer.
The purpose of this General Order is to provide
A. Civil Actions - Members shall not institute
direction and guidance for the professional
any civil litigation arising from their official
conduct of Division of Law Enforcement
duties without first notifying the Director in
members. This General Order also establishes
writing, via the chain of command. Members
a Code of Ethics and an Oath of Office for all
shall not corruptly use or threaten to use their
sworn members of the Division.
positions with the department as a means of
forcing or intimidating persons with whom they
2-1.1 POLICY are engaged in civil matters.
The conduct and ethics of all members of the B. Contacts or Referrals - No member officially
Division of Law Enforcement are governed by representing the division or department shall
all Department of Environmental Protection initiate contact with Legislators, the Executive
(DEP) Directives, all laws, all rules, and Division Branch, the DEP Secretary, Assistant Secretary
of Law Enforcement General Orders. All or DEP Executive Staff except via the chain of
provisions of the DEP Directives are command to the Director or as outlined in DEP
incorporated by reference. Violations of Directive 435. (While acting in his/her official
Division of Law Enforcement General Orders capacity as the department’s Emergency
(policy or procedure) shall be considered Coordinating Officer, the Chief of the Bureau of
violations of DEP Directives and may result in Emergency Response is accepted from this
disciplinary action according to DEP Directives requirement.) No member shall seek the
and the articles of the recognized collective
Effective Date: 10/3/02 GO 2-1 Page 1 of 8
influence or intervention of any person outside shall maintain a telephone in their residence
the department for the purpose of personal and shall keep their supervisor informed as to
promotion, advantage, transfer or the current telephone number. Any members
advancement. Lobbying by division members subject to call shall notify their supervisor within
as a representative of the department is 24 hours of any change in their residence
prohibited unless authorized in writing by the telephone number. Such notification shall be in
department. written form to their immediate supervisor who
shall forward a copy to the effected
C. Official Department Correspondence - Communications Center and the Division of
Members shall not enter into any official direct Law Enforcement, Bureau of Operational
correspondence over a signature other than Support and Planning at General Headquarters.
that of those designated by the Director; nor
shall a member convey official department G. Use of Intoxicants - Members shall not drink
communications by any means except by the any alcoholic beverage on-duty, nor report for
expressed permission of a supervisory duty while under the influence of alcohol and
member. All official correspondence, when it can be detected that they have
telegrams, or other communications of any consumed alcoholic beverages, except when it
nature with any party or agency outside the is necessary in the performance of duty or
department shall be sent under the signature, authorized to do so in accordance with a
or upon authority, of the director. Members special assignment. Except in the performance
shall not use any official department stationery of duty, sworn members in uniform will not enter
except for authorized department any establishment or place where the principle
correspondence. All correspondence leaving business is the sale of alcoholic beverages.
the district or bureau shall be under the Members shall refer to and comply with DEP
signature of the appropriate Bureau Chief or Directive 420 and DEP Directive 460 as it
his/her designee. references alcoholic beverages.
D. Radio Communications - Generally, sworn H. Use of Controlled Substances - Members
members below the rank of captain or inspector will not use any controlled substances except
will check "in-service" by radio when in their as lawfully prescribed by a physician(s) or
patrol units and will check out advising their dentist(s). When controlled substances are
location whenever leaving their unit. The prescribed or other medication is being used,
Director, Executive Staff, or Captains or I members will notify their supervisor if the use
Inspectors may make exceptions for sworn may affect their job performance. Members will
members on special confidential assignments. not store or bring into any State facility, vehicle,
Members on duty, or officially on-call, should be vessel, or aircraft any controlled substances
directly available by normal communication or except those substances that are held as
will keep their supervisor or duty officer evidence, used for training or other official
informed of the means by which they may be purpose. Members shall refer to and comply
reached when not immediately available. with DEP Directive 420 and DEP Directive 460
as it relates to substance abuse.
E. Logo, Business Cards - All use of the
department or Division of Law Enforcement I. Conflicts of Interest - Members are
logo(s) or representation thereof shall be prohibited from buying or selling anything of
approved by the Director or Assistant Director. value from or to any complainant, suspect,
All business cards shall be of a format witness, defendant, prisoner, or other person
approved by the Director or Assistant Director. involved in any case which has come to their
Members shall not use any business or attention or which arose out of their
personal card or other form of communication, employment with the department. Additional
or inscribe thereon, any message that purports restrictions are included in this manual for
to grant the bearer any special privileges not confidential informants. Members will not bid
enjoyed by all citizens. Members shall only use on seized property that has been recovered by
approved business cards for official business. the department as a result of being evidence,
stolen property or fruits/instruments of a crime.
F. Residential Telephone - Any members Members shall not borrow money from or
subject to call based on their job assignment otherwise become indebted or obligated to any
Effective Date: 10/3/02 GO 2-1 Page 2 of 8
person or concern whose business is subject to such offer. Members receiving information of
regulation by the department. Supervisory bribe offers or bribe attempts to other
members shall not borrow money from or Department of Environmental Protection's
become indebted to any subordinates or any members shall do the same as if the bribe offer
members of subordinates' immediate family. were made to them. A full report of the
Personal activities or associations of a member circumstances must be filled out by the member
that knowingly create an apparent or real and a copy sent to the Director within 24 hours
conflict of interest with the conduct of official of such offer. If the circumstances are such
duties are prohibited. A "conflict of interest" that the sworn member can affect an arrest and
arises when a member's private interest, take into evidence whatever is being offered,
whether of a financial nature or otherwise, then he/she should do so. Failure to comply
conflicts with the member's impartial conduct of with this directive may result in appropriate
official duties and responsibilities. Members will disciplinary action.
notify supervisory personnel when they receive
an assignment involving a person or group with K. Referrals - Members shall not in the line of
whom the member has had social, business, or duty, either directly or indirectly, recommend
other relationships of a nature that might impair the employment or retention of any person as
or give the appearance of impairing the attorney or counsel. Members shall not
member's impartiality or independence in the suggest or recommend the name of any
conduct of an assignment. Members will bondsmen to any prisoner, suspect, or person
adhere to Chapter 112, Part III, F.S. Florida acting in behalf of such prisoner or suspect.
Statutes, in reference to the "Code of Ethics for Sworn members shall not post a bond for
Public Officers and Employees." persons under arrest, except members of
his/her immediate family. Members shall not
J. Acceptance of Gifts, Gratuities, Fees, Loans recommend the use of marine towing, wrecker,
and Rewards - Members shall not solicit or discharge cleanup organization, response
accept either directly or indirectly, for contractor or ambulance service in preference
themselves or others, any gift, gratuity, fee, to any other such service. Members shall
loan or any other thing of value, pecuniary or request assistance from available wrecker or
otherwise, arising from or offered because of towing rotation lists where available.
employment or any activities connected with
such employment as outlined in Section L. Human Relations - The most important
112.313, Florida Statutes. Members shall not public or human relations principle is to "do unto
accept any gift, gratuity, fee, loan or any other others as you would have them do unto you".
thing of value, pecuniary or otherwise, the Members will treat the public in a polite and
acceptance of which might tend to influence or courteous manner; communicate in a calm
appear to influence, directly or indirectly, the professional manner; refrain from sarcasm;
actions of a member or the actions of any other maintain a sophisticated business-like
members in any matter of department business; demeanor; refrain from making uncalled-for
or might tend to cast adverse reflection on the remarks; refrain from communicating insults;
department, or any member thereof. Nothing avoid treating the public in an inferior or
herein shall be construed to preclude a member patronizing manner; maintain socially correct
from accepting rewards for services performed behavior; and provide information to which the
in apprehending any criminal, as authorized by public is entitled. Employees are prohibited
law and with the approval of the dDirector. In from allowing an individual’s race, ethnicity,
the event a member is offered a gift, gratuity, gender, age, education level, religious
fee, loan or thing of value, pecuniary or persuasion, sexual orientation, or financial
otherwise, and the offer is made with no status to influence that individual’s treatment.
criminal intent or expectation of favorable Whether taking enforcement action or otherwise
treatment, the member shall politely, but firmly, interacting, employees must treat individuals
decline such offers. But, when an offer is made fairly and without prejudice.
corruptly, with an intent or purpose to influence
the performance of any act or omission of such M. Routine Inquiry by Sworn Members - A
act which would be in violation of public duty, "Citizen Inquiry" can be a vessel/vehicle stop or
then such members shall at all times contact any other inquiry of an individual. The three
his/her supervisor immediately and advise of elements contained in a "Routine Inquiry" are
Effective Date: 10/3/02 GO 2-1 Page 3 of 8
introduction, fact-finding or evaluation, and their inability to do so by notifying their
decision-making and/or termination. The supervisor or another senior member in
introduction will include an appropriate greeting sufficient time for a replacement to be found, if
(good morning, evening, etc.); member necessary. Members will not be excessive in
identification (member name); the entity tardiness or absenteeism. Members will not
represented - (Florida Park Police, Bureau of leave their assigned duty posts during a tour of
Environmental Investigations, etc.); and reason duty except when authorized by proper
for approaching the individual(s). The fact- authority. They will report with the appropriate
finding element will include identifying the issued equipment and be cognizant of
subject; advising the subject of purpose for information required for the proper performance
detainment; and completing the law of duty so that they may immediately assume
enforcement check as appropriate. The their duties. Any notice of subpoena shall
decision making and termination element will constitute an order to report for duty, if relayed
include (when appropriate), advising the subject by the division.
of the reason a citation or warning is being
issued; writing the citation or warning; thanking T. Members will respond in a prompt manner
the subject for his/her cooperation; and making appropriate to the circumstances when
an appropriate parting statement (have a good dispatched or ordered to respond to a situation.
day, evening, etc.)
U. Members will not feign illness or injury,
N. Sworn members will uphold the falsely report themselves ill or injured, or
Constitutions of the United States and the state otherwise deceive or attempt to deceive any
of Florida, obey all Federal, State, and local official of this division or any other
laws in which jurisdiction the member is governmental agency or any individual
present, and comply with court decisions and authorized to conduct such an inquiry as to the
orders of courts. condition of their health.
O. A member's conviction for violation of any V. Members will remain awake while on duty.
criminal law shall constitute prima facie If unable to do so, they will notify their
evidence of a violation of this directive. supervisor, who will determine the proper
course of action.
P. Members will promptly obey any lawful
orders of a superior. This will include orders W. Members will maintain sufficient
relayed from a superior by a person of the competency to properly perform their duties and
same or lesser rank or by a Duty Officer via assume the responsibilities of their positions.
X. Members will not be disruptive,
Q. Members will conduct themselves on and uncooperative, engage in horseplay, loaf, waste
off-duty in such a manner so that their actions time, gossip, or conduct personal business
and behavior reflect favorably on the division. during work hours.
Members will not engage in conduct which
discredits the integrity of the division or its Y. Members will not use their official position,
members, or which impairs the operations of official identification cards, or badges for
the department and/or the division. personal or financial gain for themselves or
others; corrupt purposes; or avoiding
R. Members will maintain a level of moral consequences of illegal acts.
conduct in their personal and business affairs,
which is in keeping with the highest standards Z. Members will not lend to another person
of the law enforcement profession. Sworn their identification cards or badges, or permit
members will not participate in any incident them to be photographed or reproduced without
involving moral turpitude, which impairs their the approval of the Director.
ability to perform as law enforcement officers or
causes the division to be brought into disrepute. AA. Sworn members will not authorize the use
of their names, photographs or official titles that
S. Members will report for duty at the identify them as officers, in connection with
appropriate time and place required or report testimonials or advertisements of any
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commodity or commercial enterprise, without
the approval of the Director. GG. Sworn members will not engage or
participate in any form of illegal gambling at any
BB. Members will be courteous to the public. time, except in the performance of duty and
Members will be tactful in the performance of while acting under proper and specific orders
their duties, will control their tempers, and from a supervisor.
exercise the utmost patience and discretion and
will not engage in argumentative discussions HH. Members will not publicly criticize or
even in the face of extreme provocation. In the ridicule the department or division, its policies
performance of their duties, members will not or other members by speech, writing or other
use coarse, violent, profane or insolent expression which that is defamatory, obscene,
language or gestures, and will not express any unlawful, or undermines the effectiveness of the
prejudice concerning race, religion, politics, department or division.
national origin, lifestyle or similar personal
characteristics. II. Members will not address public
gatherings, appear on radio or television,
CC. Sworn members will carry their prepare any articles for publication, act as
identification cards (and badge when carrying a correspondents to a newspaper or a periodical,
weapon) on their person at all times, except release or divulge information or any other
when impractical or dangerous to their safety or matters of the division while holding themselves
to an investigation. Members will make every out as representing that may lead to the belief
effort to ensure the security and safekeeping of that one is representing the division in such
the identification card and badge at all times. matters without the approval of the director or
They will furnish their name and identification his/her appointed designee.
number to any person requesting that
information, when they are on-duty or while JJ. Members will not accept compensation,
holding themselves out as having an official honoraria or permit their expenses to be paid by
capacity, except when the withholding of such sources other than the state of Florida for
information is necessary for the performance of speaking or writing assignments performed as
police duties or is authorized by proper part of their official duties unless specifically
authority. authorized by the Director or his/her designee.
DD. When any person needs assistance or KK. Members will not adversely or improperly
advice, or makes complaints or reports, either interfere with cases being handled by other
by telephone or in person, all pertinent members of the division or by any other
information will be obtained in an official and governmental agency.
courteous manner and will be properly and
judiciously acted upon consistent with LL. Sworn members will not undertake any
established procedures. investigation or other official action not part of
their regular duties without obtaining permission
EE. Except as necessary in the performance from their supervisor unless the exigencies of
of official duties, or where unavoidable because the situation require immediate police action.
of family relationships, sworn members will
avoid regular or continuous associations or MM. Involvement in political activities will not
dealings with persons whom they know, or be permitted during sworn member's on-duty
should know, are under criminal investigation or time. Political activities include soliciting or
indictment, or present or past involvement in receiving any contribution for any political party
felonious or criminal behavior. or cause, or storing, posting, carrying or
distributing political literature of any nature.
FF. Except in the performance of duty or Specifically, Florida Statutes provide that sworn
while acting under proper and specific orders members shall not hold or be a candidate for
from a supervisor, sworn members will not public or political office while in the employment
knowingly visit, enter or frequent a house of of the State or take any active part in a political
prostitution, gambling house or establishment campaign while on-duty or within any period of
wherein the laws of the United States, the State time during which they are expected to perform
or local jurisdiction are violated. services for which they receive compensation
Effective Date: 10/3/02 GO 2-1 Page 5 of 8
from the State. However, when authorized by Loss or suspension of any driver license will be
the agency head and approved by the reported to the Division Director immediately.
Department of Management Services,
members in career service may be a candidate SS. Upon the order of a supervisor or an
for or hold a local public office which involves Inspector General Investigator, members will
no interest which conflicts or interferes with truthfully answer all questions specifically
their State employment. Members shall not use directed and narrowly related to the scope of
authority of their position to secure for or employment and operations of the division.
oppose, any candidate, party or issue in a
partisan election or affect the results thereof. TT. Members are required to truthfully answer
Sworn members shall not use any promise of questions by, or render material and relevant
reward or threat of loss to encourage or cause assistance to, competent authorities pursuant to
any member to support or contribute to any any official investigation undertaken by the
political issue, candidate or party, nor shall they division. However, this rule shall not supersede
perform any police duty connected with the the member's Constitutional rights concerning
conduct of any election. self-incrimination if the investigation indicates
that criminal prosecution will be brought against
NN. Members will submit all necessary reports the member from which such
on time in accordance with established statements/assistance is sought.
procedures. Reports submitted by sworn
members will be truthful and complete. No UU. Members will not mistreat persons who
Member will knowingly make false statements, are in their custody. Members will handle such
charges or allegations in connection with any persons in accordance with law and division
citations, warnings, assistance rendered, procedures.
accident reports, field reports, investigative
reports, computer entries or by any other VV. Sworn members will use force in
means which creates an official record of the accordance with established laws and
department or division. procedures.
OO. Property or evidence, which has been WW. Sworn members will not make any
discovered, gathered, or received in connection arrest, search or seizure that they know or
with official responsibilities, will be processed in should know is not in accordance with law and
accordance with established procedures, policy, division procedures.
XX. Except when acting under proper and
PP. Members will not make false accusations specific orders from a supervisor, sworn
of a felony, misdemeanor, traffic, petty offense members on-duty will maintain a neat, well-
or administrative charge. groomed appearance in accordance with this
QQ. Members will use division equipment
only for its intended purpose, in accordance YY. Members will not induce a witness or any
with established department and division other person who has knowledge regarding any
procedures and will not abuse or damage issue under investigation by the division, or any
division equipment. Members will use other law enforcement agency, to make false
reasonable care to avoid loss of equipment. All statements, withhold information, conceal
equipment issued to members will be information, absent themselves or otherwise fail
maintained in proper operational condition. to cooperate with lawful investigating
Members may be held personally responsible authorities.
for replacement or repair of equipment if
negligence is established. ZZ. When a member becomes aware that
he/she is the subject of a criminal investigation
RR. Members will operate vehicles, vessels, by a government agency other than the
and aircraft in a careful and prudent manner, division, he/she will immediately notify his/her
and will obey all laws and all department and supervisor and inform him/her of the
division directives pertaining to such operation. circumstances surrounding the incident being
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investigated and the agency conducting the advances, requests for sexual favors, and other
investigation. verbal or physical conduct of a sexual nature
when submission to such conduct is made,
AAA. Sworn members shall not submit to any either explicitly or implicitly, a term or condition
interview or give a statement concerning the of an individual's employment; submission to or
performance of their official duties to any officer rejection of such conduct by an individual is
or official of another agency, federal, state, or used as the basis for employment decisions
local, without first informing their district affecting such individual, or such conduct has
cCaptain or iInspector. the purpose or effect of interfering with an
individual's work performance or creating an
BBB. When a law enforcement officer or an intimidating, hostile, or offensive working
agent from another law enforcement agency environment.
requests a member of the division to submit to
an interview concerning a non-duty related EEE. Members will not engage in any conduct
issue, the member shall inform their supervisor that constitutes racial, ethnic, age, disability,
as soon as possible. Participation in the marital status, political affiliation or gender
interview shall be at the discretion of the harassment. The term racial, ethnic, or gender
member. harassment, within the context of
department/division employment, includes any
CCC.Members will abide by the department's action which may reasonably be interpreted as
"Information Resource Security Standards and derogatory to a particular race, ethnicity or
Guidelines", DEP Directive 390. Each member gender and such conduct has the purpose or
shall make judicious use of the Internet as a effect of unreasonably interfering with an
work-related communication tool. Personal use individual's work performance or creating an
of the Internet will be limited to the greatest intimidating, hostile or offensive working
extent possible and will not adversely affect a environment.
member's ability to perform his or her job. If
members accidentally enter a web site that is FFF. Complaints of sexual harassment and/or
expressly prohibited by DEP 390 or is discrimination should be reported to the
inadvertently linked to such a web site through department's Employee Relations Section,
a "search engine", members should Bureau of Personnel Services, or the Inspector
immediately exit this site and advise their General's Office.
supervisor. Internet sites that use what is
called "push" technology to feed continuously 2-1.4 SUPERVISOR STANDARDS
updated information to an open site should be
avoided unless specific job responsibilities A. Supervisory personnel will be responsible
require their use. Examples of these would be for subordinates' adherence to department and
"PointCast", "MSNBC" and other continuous division rules, regulations, policy, orders,
play radio stations. The continuous running of directives and procedures.
this type of site drastically reduces the overall
response speed for all communications lines. B. Supervisors will provide leadership,
Downloading shareware or free software from supervise and set a positive example, to ensure
the Internet is prohibited, except as specifically the efficiency of division operations.
approved in writing by the division's IRM
Coordinator. Downloading large audio/video C. Supervisors are accountable for the job
files and radar/satellite weather images should performance and development of all
be avoided unless specific job responsibilities subordinates.
require their use. Downloading files of this type
drastically reduces the overall response speed D. Authority and functions may be delegated to
for all communications lines. subordinates but responsibility remains with the
supervisor who made the assignment.
DDD. Members will not engage in any conduct
that constitutes sexual harassment as herein E. Supervisory personnel remain answerable
defined. The term sexual harassment, within and accountable for all job related failures on
the context of department and division the part of their subordinates when the
employment, includes any unwelcome sexual supervisor was aware of the potential for failure
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and failed to take the appropriate action to B. Upon graduating from the Academy, and as
correct the deficiency. part of the commencement ceremony, each
member will recite the oath.
2-1.5 CODE OF ETHICS
C. After reciting the oath, the newly sworn
The division’s Code of Ethics shall read as member will sign their name and identification
follows: (IBM) number on a notarized and dated copy of
As a sworn member of the Division of Law
Enforcement, my fundamental duty is to serve D. A copy of the signed, notarized, and dated
humankind; to safeguard lives and property; to oath will be filed in the personnel file of the
protect the innocent against deception, the newly sworn member. The newly sworn
weak against oppression or intimidation, and member will receive a copy of the signed oath.
the peaceful against violence or disorder; and
to respect the Constitutional rights of all people E. The Director, Assistant Director, or
to liberty, equality and justice. designee will administer the oath to Reserve
and Auxiliary personnel.
I will keep my private life unsullied as an
example to all; maintain courageous calm in the F. The Division of Law Enforcement’s Oath of
face of danger, scorn, or ridicule; develop self- Office:
restraint; and be constantly mindful of the
welfare of others. Honest in thought and in I do solemnly swear; that I am a citizen of
deed in both my personal and official life, I will Florida and the United States of America, and I
be exemplary in obeying the laws of the land will support, protect, and defend the
and the regulations of the Department of Constitutions of the United States and of
Environmental Protection. Whatever I see or Florida; I will faithfully perform my duties,
hear of a confidential nature or what is confided enforcing the law fairly with all due courtesy,
to me in my official capacity will be kept ever discretion, and compassion; I will conduct
secret unless revelation is necessary in the myself with integrity befitting my agency and the
performance of my duty. law enforcement profession; I will abide by all
lawful orders issued by my superiors and the
I will never act officiously or permit personal rules and regulations of the Department of
feelings, prejudices, animosities, or friendships Environmental Protection, so help me God.
to influence my decisions. With no compromise
for crime and with relentless prosecutions of
criminals, I will enforce the law courteously and
appropriately without fear or favor, malice or ill
will, never employing unnecessary force or
violence and never accepting gratuities.
I recognize the badge of my office as a symbol
of public faith, and I accept it as a public trust to
be held so long as I am true to the ethics of the
police service. I will constantly strive to achieve
these objectives and ideals, dedicating myself
before God to my chosen profession…law
2-1.6 OATH OF OFFICE
A. The Director, Assistant Director, or
designee will administer the oath of office to
certified personnel prior to assignment.
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