6A-18.0425. Application and Selection

(1) Selection applications shall be submitted on the Business Opportunity Application (Form DBS-BBE 007) as incorporated by reference in Rule 6A-18.046, F.A.C. All items in such form must be completed and received in accordance with the application instructions by the closing date indicated in the announcement.

(2) Selection panel. The Division shall establish and maintain a permanent statewide selection panel. The selection panel shall be responsible for recommending candidates for vacant Vendor manager’s positions for Vending facilities referred to the panel by the Division. The selection panel shall be composed of five (5) members, two (2) selected by the Division and three (3) selected by two-thirds vote of the State Committee of Vendors. The selection panel shall have two (2) alternate members selected by two-thirds vote of the State Committee of Vendors. Alternate members shall serve when a primary member selected by the State Committee of Vendors is unable to serve. Members selected by the State Committee of Vendors shall serve for three (3) years. However, in order to establish staggered terms, initially:

(a) One (1) representative selected by the Committee shall serve a one (1) year term,

(b) One (1) representative selected by the Committee shall serve a two (2) year term, and

(c) One (1) representative selected by the Committee shall serve a three (3) year term.

(d) Alternate selection panel members shall have three (3) year terms.

(3) The selection panel is responsible for reviewing all selection applications, formulating any interview questions to be asked, interviewing applicants, ranking the applicants, and submitting the recommendation package to the Division for final action. The selection panel shall observe the following elements in evaluating an applicant’s credentials:

(a) Each applicant shall take a test provided on a date and time specified by the Division. The test shall be proctored by a Division employee to ensure consistency in test taking procedures. The questions will be scaled such that an applicant can receive a total of forty (40) points.

(b) Each applicant will be subject to a performance review. Worth a maximum of twenty-five (25) points in the selection process, the performance review consists of the following:

1. A maximum of six (6) points are available as credit for experience, at the rate of .1 points per month under a L.O.F.A. No extra points are given for applicants holding a current L.O.F.A.

2. A maximum of ten (10) points are available for Division business consultant responses to a performance questionnaire. The questionnaire is to be completed by a Division business consultant and provided to the Division. For Vendors under a L.O.F.A. for the most recent thirty-six (36) consecutive months, the questions shall be equally weighted to allow for a maximum of ten (10) points. For a Vendor under a L.O.F.A. for less than the most recent thirty-six (36) consecutive months, the questionnaire score shall be pro-rated by the number of months under a L.O.F.A. divided by thirty-six (36). Vendors not currently under a L.O.F.A. are ineligible for consultant questionnaire points.

3. A maximum of nine (9) points are available for meeting the net profit margin percentages, as set forth in the L.O.F.A., during the most recent thirty-six (36) consecutive months. A maximum of three (3) points are available per twelve (12) month period. Net profit points will be pro-rated for Vendors with more than twelve (12) months but fewer than thirty-six (36) months duration under a L.O.F.A. or who have changed Vending facilities in the most recent twelve (12) consecutive months.

4. Applicants shall be penalized for the following incidents during the most recent thirty-six (36) consecutive months. A L.O.F.A. terminated for breach or abandonment during the thirty-six (36) month period results in a loss of any performance review points due for performance prior to the termination and a fifteen (15) point reduction in score. The fifteen (15) point reduction for termination may be avoided if the Blind licensee completes retraining required by the Division. Letters of sanction result in a five (5) point reduction in score for each letter received during the thirty-six (36) month period. Letters of warning result in a two (2) point reduction in score for each letter received during the thirty-six (36) month period. Late monthly business reports result in a loss of one (1) point per late business report during the thirty-six (36) month period.

(c) Applicants with the top five (5) combined testing and performance review scores, including ties, qualify for an interview with the selection panel. If the Vending facility in question is currently run under a Temporary L.O.F.A., the applicant who holds the Temporary L.O.F.A. is also automatically eligible to be interviewed. The interview and associated points are structured as follows:

1. Break the ice period: The selection panel will initiate the interview with general opening questions. There are no points for this portion of the interview.

2. Structured interview component: The selection panel will ask each applicant the same five (5) questions, determined prior to the first interview, and each panelist will rate the responses on a scale of 0 to 5. At the end of this portion of the interview each panelist’s scores are averaged and then all panelists’ averaged scores are added together. A maximum of twenty-five (25) points are available.

3. Interactive component: The applicant is given the opportunity to present the reasons they feel they are best suited to this Vending facility. Following the presentation the selection panel may ask questions of the applicant relating to the presentation or regarding any inconsistencies between Division documentation and the presentation. The selection panel is also permitted to question the applicant regarding past performance. Based on the presentation and the following discussion each panelist will rate the applicant from 0 to 10. These scores will be averaged for a maximum possible score of ten (10) points.

4. Distressed Vending facility points: A Vending facility may be determined to be distressed by the Division upon consideration of the following factors: a significant decrease in gross sales; a significant decrease in customer base; the condition of the equipment; and the overall condition of the Vending facility. If the applicant currently holds a Temporary L.O.F.A. in a Vending facility determined to be distressed by the Division and is applying for a Permanent L.O.F.A. in the same Vending facility, the applicant is eligible for up to five (5) points. The panelists will review Vending facility records and on a scale of 0 to 5 rate the improvement made by the applicant. The panelists’ scores will be averaged for a maximum possible score of five (5) points.

(4) Following the interview, the scores from the test, performance review, and interview are totaled. The selection panel reviews the total scores, prior performance, experience, and the type of Vending facility. The selection panel may recommend that the Vending facility be re-advertised or that one of the applicants who was interviewed be awarded the Vending facility. If the selection panel recommends an applicant without the highest score it must provide an explanation, in writing, to the Division. The selection panel will submit its recommendations, in writing, to the Division.

(5) The Division shall review the recommendation package to ensure all conditions described above are complied with prior to making the appointment. The Division shall make all appointments.

Rulemaking Authority 413.011(3)(l), 413.051(12) FS. Law Implemented 413.011(3)(f), 413.041, 413.051 FS. History–New 10-20-98, Formerly 38K-1.0045, Amended 8-24-16.