6A-18.045. Newspaper Vending Sales

(1) General. The Division has the exclusive right to provide Vending facilities, including newspaper racks and newspaper vending machines, at interstate highway rest stops pursuant to 23 U.S.C. Section 111(c), 20 U.S.C. Section 107 et seq. and section 413.051, F.S.. 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 that is stable, durable, and fastened to the ground.

(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 and the Division. The placement must not create a safety hazard or interfere physically with access to other rest area facilities or vending machines. Publishers and distributors agree to maintain the newspaper vending machines in working order and remove any refuse created by the use of the vending machine.

(d) The publisher or distributor shall 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 permit procedures.

(a) 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, 325 West Gaines Street, Suite 1114, Tallahassee, Florida 32399-0400.

(b) The application letter shall include: the locations desired, the newspapers to be sold, and proposed timing of the installations. If the Division fails to notify the publisher or distributor within ten (10) business days of receipt of the application, the application will be deemed approved.

(c) Transfer of newspaper racks from one location to another may be accomplished at the request of the publisher or distributor depending upon the availability of space.

(5) Termination of permit.

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

(b) The written notice shall also provide the publisher or distributor with thirty (30) calendar days to institute corrective action. If the Division determines that the publisher or distributor has failed to institute corrective action within the time allowed in the written notice, it shall notify the publisher or distributor in writing and direct the publisher or distributor to remove the rack(s) or vending machine(s) in question within ten (10) calendar days. If, during these final ten (10) days the publisher or distributor files a request for administrative hearing pursuant to chapter 120, F.S., the racks or vending machines that are the subject of the dispute will not be removed until after a final order is issued. If the publisher or distributor fails to remove racks or vending machines, the Division may remove the rack(s) or vending machine(s) 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 120.569, F.S.

(6) Pursuant to section 120.695, F.S., the Division has designated the first violation of subsection 6A-18.045(2), F.A.C., as a minor violation for which the Division shall issue a Notice of Noncompliance, allowing the vendor fifteen (15) days to correct the minor violation prior to application of other appropriate discipline.

Rulemaking Authority 413.011(3)(l), 413.051(12) FS. Law Implemented 413.011(3)(f), 413.041, 413.051 FS. History–New 3-1-93, Formerly 6A-18.012, 38K-1.012, Amended 8-24-16, 10-18-18.