27384863, 60GGER23-1 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 27384863

Notice of Emergency Rule

Department:

DEPARTMENT OF MANAGEMENT SERVICES

Division:

Florida Digital Service

Overview

RULE:

60GGER23-1

Prohibited Applications

SPECIFIC REASONS FOR FINDING AN IMMEDIATE DANGER TO THE PUBLIC HEALTH, SAFETY OR WELFARE:

In accordance with section 112.22, F.S., the Department is authorized, and all conditions are deemed met, to adopt emergency rules pursuant to section 120.54(4), F.S. The promulgation of this emergency rule ensures that public employers are notified in the most expedient and appropriate manner regarding the waiver process described in section 112.22, F.S.

REASON FOR CONCLUDING THAT THE PROCEDURE IS FAIR UNDER THE CIRCUMSTANCES:

Section 112.22, F.S., expressly authorized the promulgation of emergency rules. The procedure is fair in that it establishes a temporary process for public employers to submit waiver requests related to the prohibited applications list and takes only action that is necessary to protect the public interest under the emergency procedures in a manner that treats all similarly affected public employers fairly. In accordance with section 112.22, F.S., the Department will undertake the standard rulemaking process to establish a final rule on this subject. In the interim, the Department will utilize the waiver requests submitted under the emergency rule to gain the knowledge and experience reasonably necessary to enable it to address standard criteria to be used in the waiver determination process in the final rule.

SUMMARY:

This emergency rule establishes the temporary waiver process for public employers to submit waiver requests related to the prohibited applications list.

THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS:

Zack Nations, Policy Manager, telephone: 850-510-7032, email: policy@digital.fl.gov.

PRINT PUBLISH DATE:

7/31/2023 Vol. 49/147

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://flrules.org/gateway/ruleno.asp?id=60GGER23-1&PDate=7/31/2023&Section=4

REFERENCE MATERIALS:

Ref-15800 Prohibited Application Waiver Request Form

Under Florida law, E-mail addresses are public records. If you do not want your E-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing.