Current through Reg. 50, No. 187; September 24, 2024
(1)
Definitions. Capitalized terms used herein will have the meanings ascribed in
section 112.22, F.S. "Form" will mean
the Form FL[DS]-02, Prohibited Application Waiver Request Form, eff. 12/23, and
available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-16158,
which is hereby incorporated by reference herein.
(2) Prohibited Applications List. Pursuant to
section 112.22, F.S., the Department is
required to compile and maintain a list of Prohibited Applications, publish the
list on its website, and update the list quarterly. In order to provide notice
of the initial list and any list updates to Public Employers, the Department
will publish a notice in the "Miscellaneous" section of the Florida
Administrative Register that specifies the link at which the initial and
updated list can be found on the Department's website. Pursuant to section
112.22, F.S., unless a waiver is
granted or the exception in section 112.22(2)(b)1., F.S., is met, a Public
Employer is required to remove, delete, or uninstall any Prohibited
Applications from Government-Issued Devices within fifteen (15) calendar days
of issuance or updates to the published list.
(3) Waiver Process.
(a) Submission of Waiver Request. A Public
Employer that desires a waiver to permit downloading or accessing a Prohibited
Application on a Government-Issued Device must submit the waiver request to the
Department on the Form. If the Public Employer requires a decision on the
waiver within fifteen (15) calendar days of issuance or updates to the
published list, then the Public Employer shall submit the Form to the
Department no later than five (5) calendar days following publication of the
notice in the Florida Administrative Register.
(b) Waiver Determination.
1. Forms Submitted within 5 Calendar Days. If
the Department receives the Form from the Public Employer within five (5)
calendar days of publication of the notice in the Florida Administrative
Register, then the Department will provide notice to the Public Employer of its
decision to either grant or deny the waiver request by e-mail to the e-mail
address provided on the Form within ten (10) calendar days of receipt of the
waiver request. The Department may contact the Public Employer Employee listed
on the Form to request any clarification on the information submitted in the
Form that is necessary for the Department to make its determination. The Public
Employer must provide such clarification within one (1) business day, which is
deemed to be Monday through Friday, inclusive, excluding state holidays
observed in accordance with section
110.117, F.S. Failure to provide
such requested clarification may result in denial of the waiver
request.
2. Forms submitted at
Other Times. If the Department receives the Form from the Public Employer at
any other time, the Department will provide notice to the Public Employer of
its decision to either grant or deny the waiver request by e-mail to the e-mail
address provided on the Form within thirty (30) calendar days of receipt of the
waiver request. The Department may contact the Public Employer Employee listed
on the Form to request any clarification on the information submitted in the
Form that is necessary for the Department to make its determination. The Public
Employer must provide such clarification within five (5) business days, which
are deemed to be Monday through Friday, inclusive, excluding state holidays
observed in accordance with section
110.117, F.S. Failure to provide
such requested clarification may result in denial of the waiver
request.
(c) Waiver
Criteria. The Department will make its waiver decision in accordance with the
following criteria:
1. Evaluation of the
completed Form.
2. As represented
on the Form, the waiver is necessary for:
a.
Public safety, law enforcement, or other investigatory purposes, including
investigations relating to licensure or disciplinary actions, where the purpose
does not meet the exception for law enforcement officers in section
112.22(2)(b)1., F.S.;
b. Research
on hardware, operating systems, software, communications systems and protocols,
components, and data practices for the purpose of understanding the existence
and extent of potential threats, vulnerabilities, and mitigations thereto;
or
c. A recognized state interest,
including the Public Employer's performance of its essential
functions.
3. Risk
mitigation is appropriate for the Prohibited Application and purpose of the
waiver.
4. The employee submitting
the request on behalf of the Public Employer has indicated that he/she has
authority to do so.
(d)
Waiver Extensions. Pursuant to section 112.22(3)(b)3., F.S., any waivers
granted must be limited to a timeframe of no more than 1 year unless the
Department approves an extension. Unless a rule waiver is submitted to the
Department in accordance with section
120.542, F.S., a Public Employer
that desires an extension of a previously approved waiver must submit the
extension request to the Department no later than sixty (60) days prior to
expiration of the waiver. The Public Employer must submit the request on the
Form.
Rulemaking Authority
112.22 FS. Law Implemented
112.22
FS.
New 12-18-23.
