Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › Section 60GGER23-1 - Prohibited Applications

Current through Reg. 50, No. 138; July 16, 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.