Current through Reg. 50, No. 187; September 24, 2024
(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.
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.
