38K-1.012. Newspaper Vending Sales (Transferred)

(1) General. The Division of Blind Services has the exclusive right to provide vending facilities which includes newspapers at interstate highway rest stops pursuant to 23 U.S.C. Section 111(b), 20 U.S.C. Section 107, et seq, Sections 413.011 and 413.051, Florida Statutes. The division's authority to approve the sale of newspapers and other information to the traveling public at highway rest areas is subject to an agreement with the Florida Department of Transportation. All regularly published newspapers shall have the opportunity to provide vending sales at interstate rest stops by permit subject to the conditions established in this rule.

(2) Conditions.

(a) The publisher or distributor will be responsible to provide a rack or vending machine of the type, style, and color normally used by the publisher or distributor subject to the approval of the division, as to stability and durability. Such approval shall not be unreasonably withheld.

(b) The rack or vending machine will be maintained, repaired, operated and cleaned by the publisher or its agent. The rack or vending machine will be new or in like-new condition when placed into use in the rest area.

(c) When necessary for stability, the publisher or distributor will provide a concrete reinforced pad on which to place the newspaper vending machines. The placement of the rack or vending machine will be in an area agreed upon by the Department of Transportation Maintenance Engineer and the Division of Blind Services. The placement must not create a safety hazard or interfere physically with access to other rest area facilities or vending machines. Publisher/distributor agrees to maintain the newspaper vending machines in reasonable working order to ensure its clean neat appearance and to be responsible for any refuse created by the use of the vending machine.

(d) The publisher or distributor will be responsible to provide continuous availability of its current issue to the public.

(e) The publisher or distributor shall indemnify and hold harmless the Division and the State of Florida against any claims arising out of negligence in the presence and/or operation of the rack or vending machine provided. All contracts for vending services at rest stops entered into after the effective date of this rule will require this same indemnification.

(3) Compensation. The publisher or distributor will be required to compensate the division at the rate of ten (10) dollars annual administrative fee per newspaper rack. The Department reserves the right to monitor the service being provided and inspect the condition, cleanliness of equipment and other matters related to the operation of the applicant's newspaper vending on the interstate.

(4) Application and current vending locations.

(a) All publishers with news racks in place at the time of the effective date of this rule will not be required to make application to retain those locations. Such publishers must, within a reasonable time, provide the Department with a listing of their pre-existing news rack locations. Publishers with news racks in place may retain those locations.

(b) Publishers or distributors wishing to dispense newspapers on the interstate highway shall, by letter, prepare an application for permit to dispense newspapers, and mail the application to the Division of Blind Services, 2540 Executive Center Circle, West, Suite 201, Tallahassee, Florida 32399.

(c) The application letter shall include: the locations desired, the newspapers to be sold, and proposed timing of the installations. All applications shall be assumed to be approved unless publishers are notified by the Department within ten (10) days of receipt of the application.

(d) Transfer of news racks from one location to another may be accomplished by filing a notice with the Department.

If the aforementioned conditions are complied with, no application for newspaper vending under this rule will be denied. Each publisher is responsible for filing the proper application and notices under this subsection with the Department within a reasonable time (ten (10) to fifteen (15) days). Failure to do so is grounds for removal of a new rack from a particular location.

(5) Termination of permit.

(a) Either the newspaper publisher/distributor or the Division of Blind Services may terminate a permit entered into under this rule, by giving thirty (30) days written notice. If the permit is to be terminated by the Division of Blind Services, written notice with reasons for the termination will be given the newspaper publisher or distributor. The Department may only terminate any permit if the requirements of paragraph (2)(c) of this rule are not met, if a safety hazard is created and not remedied by a publisher, or if the licensing fee is not paid.

(b) The written notice shall also provide the publisher/distributor with at least thirty (30) days to institute corrective action. If the Division of Blind Services determines that the publisher/distributor has failed to institute corrective action within the time allowed in the written notice, it shall notify the publisher/distributor in writing and direct the publisher/distributor to remove the rack or vending machine in question within ten (10) days. If, during these final ten (10) days the publisher files a notice for administrative hearing pursuant to Chapter 120, Florida Statutes, the news racks which are the subject of the dispute will not be removed until after the final order of the hearing officer is issued. If the publisher/distributor fails to do so, the Division of Blind Services may remove the rack or vending machine without further notice. The notice that the corrective action has not been taken or is not adequate shall be considered final agency action for the purposes of Section 120.57, Florida Statutes.

Specific Authority 20.05(5), 229.053(1), 413.051(12) FS. Law Implemented 413.041, 413.051 FS. History–New 3-1-93, Formerly 6A-18.012. Cf. 34 C.F.R. Part 395.7(3)(b), 23 U.S.C. 111(b), 20 U.S.C., Section 107 et seq.