6A-18.042. Issuance of License

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

(a) A Blind person as defined in 34 CFR §395.1, Terms, and section 413.033(1), F.S.;

(b) A citizen of the United States;

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

(d) Determined eligible to receive services as a client of the Division of Blind Services pursuant to rule 6A-18.050, F.A.C.;

(e) Possess a high school diploma or equivalency;

(f) Must pass a security background investigation, which shall include 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; and,

(2) An individual who is found to have been convicted of or pled guilty or nolo contendere to, whether or not adjudication is withheld, any crime that is a felony or a first degree misdemeanor, shall be disqualified from eligibility for a license to operate a Vending facility unless the Department 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) The Division may grant an exemption from disqualification from this section only as provided in section 435.07, F.S., except that the requirements of section 435.07(1)(a)1., F.S., shall apply to all disqualifying offenses described in subsection 6A-18.042(2), F.A.C.

(4) To apply for licensure, an individual must:

(a) Meet with his or her Division vocational rehabilitation counselor and express an interest in the Vending facility program;

(b) Complete a vocational assessment;

(c) Determine, as agreed to by his or her vocational rehabilitation counselor pursuant to 34 C.F.R. §§361.45 and 361.46, that Vending facility operator is an appropriate employment outcome, based on the results of of the vocational assessment and any other pertinent training received by the client within the past calendar year. The counselor may recommend further assessment and training as needed.

(5) The Division shall issue a license to operate a Vending facility after an individual has satisfactorily completed:

(a) The Vending Facility Training Program Application (Form DBS-BBE 005) as incorporated by reference in rule 6A-18.046, F.A.C.;

(b) An assessment interview before a panel comprised of Division employees and members of the State Committee of Vendors;

(c) A ten-day work experience in which the individual works with a local licensed Vendor to determine whether Vending facility operator is an appropriate employment goal;

(d) The Vending Facility Training Program at the Rehabilitation Center for the Blind in Daytona Beach, Florida, with scores of eighty (80) percent or higher on all testing;

(e) Four (4) to ten (10) weeks of on-the-job training at an existing Vending facility; and

(f) The Licensure Examination with a score of eighty (80) percent or higher.

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

(a) The Blind licensee’s continuing to meet the requirements of licensure;

(b) The voluntary relinquishment of the license;

(c) Death of the Blind licensee;

(d) Revocation of the license as set forth in rule 6A-18.00421, F.A.C.; or

(e) The Blind licensee failing, for a period of five (5) years, to actively hold either a Permanent or a Temporary L.O.F.A.;

(7) Any Blind licensee whose license becomes invalid under paragraph 6A-18.042(6)(e), F.A.C., must complete the requirements of subsection 6A-18.042(5), F.A.C., prior to participating in any future selection process.

Rulemaking Authority 413.011(3)(l), 413.051(12) FS. Law Implemented 413.011(3)(f), 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 10-25-10, 8-24-16, 10-18-18.