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 these rule amendments 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.
SUMMARY: Rule 6A-18.042, F.A.C., is amended to enable the Division of Blind Services to conduct checks of local, state, juvenile and federal criminal history records through the Florida Department of Law Enforcement and the Federal Bureau of Investigation pursuant to Sections 413.041 and 413.051(12), Florida Statutes. The criminal history records of licensees and applicants for licensing must be free of conviction of crimes constituting first-degree misdemeanors, felonies or any felonies or misdemeanors involving moral turpitude, in order for the Division, through its Business Enterprises program, to effectively establish and maintain vending facilities in consideration of the publics health, safety and welfare and its charter to provide employment opportunities to eligible blind persons. Rule 6A-18.0421, F.A.C., is amended to be consistent with proposed Rule 6A-18.042, F.A.C.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 413.051(12) FS.
LAW IMPLEMENTED: 413.011(2), 413.041, 413.051 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: September 21, 2010, 9:00 a.m.
PLACE: The Capitol, Room LL03, 400 South Monroe Street, Tallahassee, Florida
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 7 days before the workshop/meeting by contacting: Lynn Abbott at (850)245-9661 or email: lynn.abbott@fldoe.org. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Joyce Hildreth, Director, Division of Blind Services, Department of Education, 325 West Gaines Street, Room 1114, Tallahassee, FL 32399, (850)245-0300
THE FULL TEXT OF THE PROPOSED RULE 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. HistoryNew 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 vendors license to operate a vending facility may be revoked for 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 vendors last known address. Such action shall be governed by Chapter 120, F.S.
Rulemaking Specific Authority 413.051(12) FS. Law Implemented 413.011(2), 413.041, 413.051 FS. HistoryNew 10-20-98, Formerly 38K-1.0041, Amended_________.
