Conditions for Removal from a Facility; Suspension or Revocation of License, Grievance Procedure, Announcement of Facility Vacancies, Application and Selection, Incorporation by Reference
RULE NOS.: RULE TITLES:
6A-18.0421Conditions for Removal from a Facility; Suspension or Revocation of License
6A-18.0423Grievance Procedure
6A-18.0424Announcement of Facility Vacancies
6A-18.0425Application and Selection
6A-18.046Incorporation by Reference
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 42 No. 109, June 6, 2016 issue of the Florida Administrative Register.
6A-18.0421 Conditions for Termination of a L.O.F.A.; Suspension or Revocation of License.
(1) through (3) No change.
(4) The following disciplinary guidelines shall apply to the below listed rule violations and to the described action that may be a basis for determining violations of particular rule provisions. Each of the following disciplinary guidelines shall be interpreted to include “letter of warning,” “letter of sanction,” “termination of L.O.F.A.,” “suspension,” and “revocation.” The term “letter of sanction” shall mean a written communication from the Division to the Vendor outlining a violation as described in this subsection and carrying such penalty as described in rule 6A-18.0425(3)(b)4., F.A.C. The terms “suspension” and “revocation” shall mean any length of suspension or revocation of a license to operate a Vending facility, including permanent revocation, and shall include a comparable period of denial of an application for a license.
(a) through (s) No change.
(5) through (7) No change.
6A-18.0423 Grievance Procedure.
(1) through (3) No change.
(4) In all matters not involving decisions under Rule 6A-18.0425, F.A.C.:
(a) No change.
(b) The board shall consider the facts presented in the written grievance, the documents attached to such grievance, and all relevant Division documents to determine if any action taken by the Division violates the applicable rules and regulations;
(c) (b) The board shall issue a recommendation to the Division supported by a simple majority of the board within fifteen (15) business days of the Division’s receipt of the written grievance;
(d) (c) The Division shall advise the Blind licensee in writing of its disposition of the grievance within thirty (30) business days of the Division’s receipt of the written grievance;
(e) (d) If the grievance is not resolved in writing to the satisfaction of the Blind licensee within thirty (30) business days of the receipt of the grievance, the Blind licensee may request a hearing pursuant to Chapter 120, F.S. The request shall be in writing, must comply with the requirements of Section 120.569(2)(c), F.S., filed with the Director, Division of Blind Services, within twenty-one (21) calendar days of receipt of the Division’s disposition.
(5) In matters involving decisions under Rule 6A-18.0425 6A-18.00425, F.A.C., the procedure shall be as stated above except that:
(a) No change.
(b) The written grievance shall not include any material required under subsection 6A-18.00425(1), F.A.C.; and
(c) The board shall consider the facts presented in the written grievance, the documents attached to such grievance, and all relevant Division documents to determine if any action taken by the Division violates the applicable rules and regulations; and,
(d) (c) The bBoard’s recommendation shall be issued to the Division within twelve (12) business days of the Division’s appointment announcement.
6A-18.0424 Announcement of Vending Facility Vacancies.
(1) No change.
(2) An individual is deemed eligible to compete for a Vending facility vacancy only if the individual:
(a) No change.
(b) Has completed the Business Opportunity Application form, (Form DBS-BBE 007,; as incorporated by reference in see rule 6A-18.046(2), F.A.C.);
(c) through (d) No change.
(e) In the case of a Vending facility vacancy filled with a Vendor under a Permanent L.O.F.A., has established or, if selected, will establish within thirty (30) days of executing the Permanent L.O.F.A. and maintain for the term of such L.O.F.A. a legal physical residence within seventy-five (75) miles of the Vending facility. A single thirty (30) day extension of this requirement shall be granted upon written request by the Vendor. The Vendor may request a single thirty (30) day extension of this requirement based on extraordinary circumstances. The Division may grant or deny such request in its sole discretion.
(3) through (4) No change.
6A-18.0425 Application and Selection.
(1) through (2) No change.
(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) No change.
(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. through 3. No change.
4. Applicants shall be penalized for the following incidents poor performance 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) No change.
(4) through (5) No change.
6A-18.046 Incorporation by Reference.
The below listed documents are incorporated by reference to become effective July 2016 and may be obtained from the Division of Blind Services, 325 West Gaines Street, Suite 1114, Tallahassee, Florida 32399-0400. The documents may be found online at http://dbs.myflorida.com/Business%20Enterprise/Forms/index.html.
(1) through (5) No change.
(6) Consultant Questionnaire, Form DBS-BBE 016 (rev. 6/16) (DOS link).
Facility Vendor’s Monthly Business Report, DBS-700w is amended as follows:
Part I
1. through 5. No change.
6. Vendor's Social Security Number or Federal Employer ID Number
9. through Part III No change.
The Licensed Operator Facility Agreement, DLES Form DBS 730 is amended as follows:
A. through C. No change.
Section I No change.
Section II The Licensee agrees:
A. Federal and State Laws and Regulations
1. To comply with all applicable Federal, State, and County laws, ordinances, rules, and regulations applicable to the Licensee and applicable to their performance under this Agreement. To abide by and conduct business in accordance with all applicable health and business laws, codes, regulations, statutes, and other such regulatory requirements imposed on such businesses by state or federal agencies, including any political sub-divisions thereof.
2. through 3. No change.
B. through E. No change.
F. Monitoring
To admit at reasonable times to the Facility duly authorized agents of the Licensor for the purpose of inspecting records, papers, documents, facilities, equipment, goods, and services of the Licensee directly relevant to the operation of the Facility under this Agreement. The Licensee agrees further to allow such agents to interview, in a professional manner, representatives, agents, or customers of the Licensee in order that Licensor may be assured of satisfactory performance of the terms and conditions of this Agreement. Following such inspection and interview, Licensor shall deliver to the Licensee by hand or certified mail any written report, notation, or comment noting deficiencies or substandard conditions recorded by Licensor or its agent relating to such inspection and interview. The Licensee agrees to correct within 30 days of written notice a reasonable time any such deficiency or substandard condition or to provide to the Licensor a reasonable justification for not correcting such deficiency or substandard condition. Failure by the Licensee to correct or justify a serious or continuing deficiency or condition within 30 days of written notice a reasonable time may be considered by the Licensor to be a material breach of the Agreement.
G. No change.
H. Civil Rights Certification
To comply with:
1. Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d, which prohibits discrimination on the basis of race, color, or national origin in programs and activities receiving or benefiting from federal financial assistance.
2. Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, which prohibits discrimination on the basis of handicap in programs and activities receiving or benefiting from federal financial assistance.
3. Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681 et seq., which prohibits discrimination on the basis of sex in education programs and activities receiving or benefiting from federal financial assistance.
4. The Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101 et seq., which prohibits discrimination on the basis of age in programs or activities receiving or benefiting from federal financial assistance.
5. Section 654 of the Omnibus Budget Reconciliation Act of 1981, 42 U.S.C. 9849 which prohibits discrimination on the basis of race, creed, color, natural origin, sex, handicap, political affiliation or beliefs in programs and activities receiving or benefiting from federal financial assistance.
6. Title VII of the Civil Rights Act of 1964, as amended, which prohibits discrimination with respect to employment, compensation, and terms and conditions of employment on the basis of race, color, religion, sex, or national origin.
7. Florida Human Relations Act which prohibits discrimination because of race, color, religion, sex, national origin, age, handicap, or marital status.
8. Americans with Disabilities Act, which prohibits discrimination by public and private entities on the basis of disability in employment, public accommodations, transportation, state and local government services, and in telecommunications.
9. All other applicable laws which prohibit discrimination on any basis on which discrimination is prohibited by any of the above referenced laws.
10. All regulations, guidelines, and standards lawfully adopted under the above laws.
H. I. Public Records
III. through IV. No change.
Temporary Licensed Operator Facility Agreement, Form DBS 730a is amended as follows:
A. through C. No change.
Section I No change.
Section II. The Licensee agrees:
A. Federal and State Laws and Regulations
1. To comply with all applicable Federal, State, and County laws, ordinances, rules, and regulations applicable to the Licensee and applicable to their performance under this Agreement. To abide by and conduct business in accordance with all applicable health and business laws, codes, regulations, statutes, and other such regulatory requirements imposed on such businesses by state or federal agencies, including any political sub-divisions thereof.
2. through 3. No change.
B. through E. No change.
F. Monitoring
To admit at reasonable times to the Facility duly authorized agents of the Licensor for the purpose of inspecting records, papers, documents, facilities, equipment, goods, and services of the Licensee directly relevant to the operation of the Facility under this Agreement. The Licensee agrees further to allow such agents to interview, in a professional manner, representatives, agents, or customers of the Licensee in order that Licensor may be assured of satisfactory performance of the terms and conditions of this Agreement. Following such inspection and interview, Licensor shall deliver to the Licensee by hand or certified mail any written report, notation, or comment noting deficiencies or substandard conditions recorded by Licensor or its agent relating to such inspection and interview. The Licensee agrees to correct within 30 days of written notice a reasonable time any such deficiency or substandard condition or to provide to the Licensor a reasonable justification for not correcting such deficiency or substandard condition. Failure by the Licensee to correct or justify a serious or continuing deficiency or condition within 30 days of written notice a reasonable time may be considered by the Licensor to be a material breach of the Agreement.
G. No change.
H. Civil Rights Certification
To comply with:
1. Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d, which prohibits discrimination on the basis of race, color, or national origin in programs and activities receiving or benefiting from federal financial assistance.
2. Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, which prohibits discrimination on the basis of handicap in programs and activities receiving or benefiting from federal financial assistance.
3. Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681 et seq., which prohibits discrimination on the basis of sex in education programs and activities receiving or benefiting from federal financial assistance.
4. The Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101 et seq., which prohibits discrimination on the basis of age in programs or activities receiving or benefiting from federal financial assistance.
5. Section 654 of the Omnibus Budget Reconciliation Act of 1981, 42 U.S.C. 9849 which prohibits discrimination on the basis of race, creed, color, natural origin, sex, handicap, political affiliation or beliefs in programs and activities receiving or benefiting from federal financial assistance.
6. Title VII of the Civil Rights Act of 1964, as amended, which prohibits discrimination with respect to employment, compensation, and terms and conditions of employment on the basis of race, color, religion, sex, or national origin.
7. Florida Human Relations Act which prohibits discrimination because of race, color, religion, sex, national origin, age, handicap, or marital status.
8. Americans with Disabilities Act, which prohibits discrimination by public and private entities on the basis of disability in employment, public accommodations, transportation, state and local government services, and in telecommunications.
9. All other applicable laws which prohibit discrimination on any basis on which discrimination is prohibited by any of the above referenced laws.
10. All regulations, guidelines, and standards lawfully adopted under the above laws.
H. I. Public Records
III. through IV. No change.
