38K-1.0041. Conditions for Removal from a Facility; Suspension or Revocation of License (Transferred)  


Effective on Tuesday, October 20, 1998
  • 1(1) A vendor shall be removed from a vending facility or a license shall be suspended or revoked for failing or refusing to comply with these rules, the terms and conditions for licensure, the Licensed Operator Facility Agreement between the vendor and the Division, or the terms and conditions of any permit or lease for property on which a vending facility is located.

    64(2) A vendor shall also be removed from a vending facility, or a license shall be suspended or revoked for any of the following reasons:

    89(a) Misuse or unauthorized use of vending facility or equipment, in violation of the Licensed Operator Facility Agreement, including damage or destruction due to negligence or the failure to use ordinary or reasonable care;

    123(b) Removal of state property, equipment, or state funds from a vending facility without prior written approval from the Division;

    143(c) Misuse or misappropriation of state funds;

    150(d) Falsification of facility records or reports relating to the selection for or the operation of a vending facility;

    169(e) The use of threatening or abusive language at the vending facility;

    181(f) Use, sale, or being under the influence of alcohol, or the possession, use, sale, or being under the influence of illegal drugs, at the vending facility;

    208(g) Prolonged incapacity of a vendor to manage the vending facility in a manner consistent with the needs of the Vending Facility Program;

    231(h) Failure to successfully complete, every two (2) years, three (3) continuing education units (CEUs) of courses approved by the Division;

    252(i) Conviction of or plea of guilty or nolo contendere to, whether or not adjudication of guilt is withheld, a crime which is a first degree misdemeanor, a felony, or any misdemeanor or felony involving moral turpitude; or

    290(j) Possession of a firearm at the vending facility.

    299(3) The Division shall serve written notice of its intent to remove a vendor from a facility or to suspend or revoke a license by hand delivery or certified mail, to the vendor’s last known address. Such action shall be governed by Chapter 120, Florida Statutes.

    345Specific Authority 347413.051(12) FS. 349Law Implemented 351413.051 FS. 353History–New 10-20-98.

     

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