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(ER), Prohibited Application Waiver Request Form, eff. 07/23,
and available at
https://www.flrules.org/Gateway/reference.asp?No=Ref-15800,
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
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.
