6A-18.0421. Conditions for Termination of a L.O.F.A.; Suspension or Revocation of License

(1) A Blind licensee’s L.O.F.A. may be terminated or a license may be suspended or revoked for any one of the offenses listed in subsection (2) below. When the Division finds that a Blind licensee has committed any act for which the Division may impose discipline, the Division shall impose an appropriate penalty within the ranges set forth in subsection (2) unless, based upon consideration of aggravating and mitigating factors in the individual case that are among those set out in subsection (4) of this rule, the Division determines that a penalty outside the range in those guidelines but within statutory limitation is appropriate. In those cases in which the Division relies on aggravating or mitigating factors to depart from the ranges in the disciplinary guidelines, such aggravating and mitigating factors shall be stated in the written notice informing the Blind licensee of the penalty.

(2) The table below includes the acts for which the Division may impose discipline, along with the applicable disciplinary guidelines. Each of the disciplinary guidelines shall be interpreted to include the following range of disciplinary actions: “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 Blind licensee outlining a violation as described in this subsection and carrying such penalty as described in subparagraph 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) Violation of the rules set forth in chapter 6A-18, F.A.C.	Letter of Warning – Revocation
(b) Violation of the requirements for licensure as set forth in subsection 6A-18.042(1), F.A.C.	Termination of L.O.F.A. – Revocation
(c) Non-compliance with the terms of a L.O.F.A.	Letter of Warning – Termination of L.O.F.A.
(d) Non-compliance with the terms and conditions of any permit or lease for property on which a Vending facility is located.	Letter of Warning – Termination of L.O.F.A.
(e) Misuse or unauthorized use of Vending facility or equipment, including damage or destruction due to negligence or the failure to use ordinary or reasonable care.	Letter of Warning – Termination of L.O.F.A.
(f) Removal of state property or state funds from a Vending facility without the prior written approval of the Division.	Termination of L.O.F.A. – Revocation
(g) Misuse or misappropriation of state funds.	Termination of L.O.F.A. – Revocation
(h) Falsification of facility records or reports.	Letter of Warning – Revocation
(i) The use of threatening, discriminatory, harassing, or abusive language at the Vending facility.	Letter of Sanction – Revocation
(j) Being in possession of, selling or being under the influence of illegal drugs or alcohol at a Vending facility.	Letter of Sanction – Revocation
(k) Becoming incapacitated to such a degree that the Blind licensee can no longer manage the Vending facility.	Termination of L.O.F.A. – Revocation
(l) Failure to successfully complete, every two (2) years, three (3) continuing education units (CEUs) of courses approved by the Division.	Suspension – Revocation
(m) Conviction of or plea of guilty or nolo contendere to, whether or not adjudication of guilt is withheld, a crime that is a felony or a first degree misdemeanor.	Termination of L.O.F.A. – Revocation
(n) Unlicensed carrying of concealed weapons or concealed firearms, as set forth in section 790.01, F.S., in a Vending facility by the Blind licensee, excluding tools typically used in the operation of a Vending facility.	Termination of L.O.F.A. – Revocation
(o) Failure by the Blind licensee to pay the Division for initial working capital when due, or Set-aside funds.	Termination of L.O.F.A. – Revocation
(p) Failure by the Blind licensee to pay commissions or other financial obligations incurred in execution of the L.O.F.A., following due notice from the Division.	Termination of L.O.F.A. – Revocation
(q) Default on any repayment plan between the Blind licensee and the Division for initial working capital, Set-aside funds, or commission deficiencies. Default shall be determined as lack of satisfaction of the balance on said debt, following due notice from the Division.	Termination of L.O.F.A. – Revocation
(r) Failure by the Blind licensee on two (2) consecutive occasions to submit, under the L.O.F.A., the monthly business reports or Set-aside funds by the due date.	Termination of L.O.F.A. – Revocation
(s) Failure on three (3) separate occasions during any calendar year to submit, under the L.O.F.A., the monthly business reports or Set-aside funds by the date due.	Termination of L.O.F.A. – Revocation
(t) Failure to pass the security background investigation required by paragraph 6A-18.042(1)(f), F.A.C., subject to the exemption criteria in subsections 6A-18.042(2) and 6A-18.042(3), F.A.C.	Suspension – Revocation

(3) Pursuant to section 120.695, F.S., the Division designates the first violation of the following rules as minor violations for which the Division shall issue a Notice of Noncompliance, allowing the Blind licensee fifteen (15) days to correct the violation prior to application of the discipline outlined in subsection 6A-18.0421(2), F.A.C.:

(a) Paragraph 6A-18.0421(2)(l), F.A.C.;

(b) Paragraph 6A-18.0421(2)(o), F.A.C.;

(c) Paragraph 6A-18.0421(2)(p), F.A.C.; and

(d) Paragraph 6A-18.0421(2)(q), F.A.C.

(4) Based upon consideration of aggravating and mitigating factors present in an individual case, the Division may deviate from penalties recommended in subsection (4) of this rule. The Division may consider the following as aggravating or mitigating factors:

(a) The severity of the offense;

(b) The danger to the public;

(c) The number of repetitions of offenses;

(d) Length of time since the violation;

(e) The number of times the Blind licensee has been previously disciplined by the Division;

(f) The length of time the Blind licensee has been licensed and contributions to the program;

(g) The actual damage, physical or otherwise, caused by the violation;

(h) The deterrent effect of the penalty imposed;

(i) The effect of the penalty on the Blind licensee’s livelihood;

(j) Any effort of rehabilitation by the Blind licensee;

(k) The actual knowledge of the Blind licensee pertaining to the violation;

(l) Attempts by the Blind licensee to correct or stop the violation or refusal by the Blind licensee to correct or stop the violation;

(m) Actual negligence related to the Blind licensee in any violation;

(n) Penalties imposed for related offenses under subsection (4) of this rule;

(o) Monetary or other benefit to the Blind licensee;

(p) Present status of physical and/or mental condition contributing to the violation including recovery from addiction;

(q) Any other relevant mitigating or aggravating factors under the circumstances.

(5) The Division shall serve written notice of its intent to remove a Blind licensee from a Vending facility or to suspend or revoke a license by hand delivery or certified mail, to the Blind licensee’s last known address. Such action shall be governed by rule 6A-18.0423, F.A.C., and chapter 120, F.S.

Rulemaking Authority 413.011(3)(l), 413.051(12) FS. Law Implemented 413.011(3)(f), 413.041, 413.051 FS. History–New 10-20-98, Formerly 38K-1.0041, Amended 10-25-10, 8-24-16, 10-18-18.