Fla. Admin. Code Ann. R. 60FF-1.012 - The Department's Responses to Exemption Requests

(1) The Department shall respond in writing within 30 days after Part I or within 45 days after Part II of an Exemption Request has been submitted. The Department shall render one of the following findings:

(a) The Exemption Request is approved.

(b) The Exemption Request is approved contingent upon certain conditions. Those conditions shall include the following where applicable:

1. Specified changes to the Custom Network Solution to address the Department's security or compatibility concerns.

2. Unfettered monitoring of implementation of the Custom Network Solution by the Department to address the Department's security or compatibility concerns.

3. Ongoing Department monitoring of use of the Custom Network Solution to address the Department's security or compatibility concerns.

4. A commitment from the Required User to maintain certain compatibility and security related configurations and upgrades.

5. Specified changes to the Custom Network Solution to include a portion of SUNCOM services.

6. A commitment from the Required User to replace the Custom Network Solution with a SUNCOM alternative when a viable SUNCOM alternative becomes available. The Required User may submit another Exemption Request for consideration when the SUNCOM alternative becomes available.

(c) The Exemption Request is denied. The Department shall provide the following with this finding:

1. An explanation of the Department's reasoning behind the finding.

2. A general proposal and plan describing the SUNCOM service that will replace the Network Solution. The Department shall subsequently work with the Required User to develop a more detailed consensus plan and proposal for collaboratively implementing the SUNCOM alternative.

(d) The Department requires more information to render a conclusive finding. The Department will specify the information required and render a finding within 45 days from its submittal.

(2) If the Required User seeks reconsideration of a denial or a contingent approval of a Part I Exemption Request, the Required User may refine its submittal and submit Part II of the Exemption Request.

Notes

Fla. Admin. Code Ann. R. 60FF-1.012

Rulemaking Authority 282.702(2), (9), 282.707(2) FS. Law Implemented 282.702(2), (8), (12), 282.703, 282.704, 282.705, 282.706, 282.707 FS.

New 6-25-08.

New 6-25-08.