The purpose and effect of this rule development is to enable criminal history record checks of licensed vending facility vendors and applicants for licensing as vending facility vendors in the Division of Blind Services’ Business Enterprises Program.

DEPARTMENT OF EDUCATION
State Board of Education

RULE NO: RULE TITLE
6A-18.042: Issuance of License
6A-18.0421: Conditions for Removal from a Facility; Suspension or Revocation of License
PURPOSE AND EFFECT: The purpose and effect of this rule development is to enable criminal history record checks of licensed vending facility vendors and applicants for licensing as vending facility vendors in the Division of Blind Services’ Business Enterprises Program.
SUBJECT AREA TO BE ADDRESSED: Issuance of License.
SPECIFIC AUTHORITY: 413.051(12) FS.
LAW IMPLEMENTED: 413.011(2), 413.041, 413.051 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Joyce Hildreth, Director, Division of Blind Services, Department of Education, 325 West Gaines Street, Room 1114, Tallahassee, FL 32399, [phone]. To request a rule development workshop, please contact: Lynn Abbott, Agency Clerk, Department of Education, [phone] or e-mail [e-mail] or go to https://app1.fldoe.org/rules/default.aspx

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

6A-18.042 Issuance of License.

(1) In order to be eligible for and maintain a license to operate a vending facility, an individual applicant must be:

(a) Legally blind as defined in 34 CFR 395.1, Terms, and Section 413.033(1), Florida Statutes;

(b) A citizen of the United States;

(c) Eighteen (18) years of age or older; and

(d) Possess a high school diploma or equivalency, and.

(e) Must undergo a security background investigation, which shall include, but not be limited to, fingerprinting, statewide criminal and juvenile records checks through the Florida Department of Law Enforcement, and federal criminal records checks through the Federal Bureau of Investigation, and may include local criminal records checks through local law enforcement agencies.

(2) An individual who is found to have been convicted of or pled guilty or nolo contendere to, whether or not adjudication is withheld, a crime which is a first degree misdemeanor, a felony, or any misdemeanor or felony involving moral turpitude shall be disqualified from eligibility for a license to operate a vending facility, unless the agency exempts the individual from disqualification based on a consideration of:

(a) The passage of time since commission of the crime(s);

(b) The circumstances surrounding the crime(s);

(c) The nature of the harm caused any victim of the crime(s); and

(d) Other evidence provided by the applicant demonstrating to a clear and convincing standard that the applicant should not be disqualified from eligibility.

(3)(2) The Division shall issue a license to operate a vending facility after an individual applicant has satisfactorily completed the Application for the Vending Facility Training Program and the subsequent Vending Facility Training Program (See subsection 6A-18.046(2), F.A.C.).

(4)(3) The license shall be continuously valid, subject to:

(a) through (d) No change.

Rulemaking Specific Authority 413.051(12) FS. Law Implemented 413.011(2), 413.041, 413.051 FS. History–New 4-5-83, Amended 11-5-85, Formerly 6A-18.04, Amended 7-8-87, Formerly 6A-18.004, Amended 10-20-98, Formerly 38K-1.004, Amended________.

 

6A-18.0421 Conditions for Removal from a Facility; Suspension or Revocation of License.

(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.

(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:

(a) through (j) No change.

(3) A vendor’s license to operate a vending facility may be revoked for a failure to meet the criminal record requirements of Rule 6A-18.042, F.A.C.

(4)(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.

Rulemaking Specific 413.051(12) FS. Law Implemented 413.011(2), 413.041, 413.051 FS. History–New 10-20-98, Formerly 38K-1.0041, Amended________.