Current through Reg. 50, No. 187; September 24, 2024
(1)
Selection applications shall be submitted on the Business Opportunity
Application (Form DBS-BBE 007) as incorporated by reference in Rule
6A-18.046, F.A.C. All items in
such form must be completed and received in accordance with the application
instructions by the closing date indicated in the announcement.
(2) Selection panel. The Division shall
establish and maintain a permanent statewide selection panel. The selection
panel shall be responsible for recommending candidates for vacant Vendor
manager's positions for Vending facilities referred to the panel by the
Division. The selection panel shall be composed of five (5) members, two (2)
selected by the Division and three (3) selected by two-thirds vote of the State
Committee of Vendors. The selection panel shall have two (2) alternate members
selected by two-thirds vote of the State Committee of Vendors. Alternate
members shall serve when a primary member selected by the State Committee of
Vendors is unable to serve. Members selected by the State Committee of Vendors
shall serve for three (3) years. However, in order to establish staggered
terms, initially:
(a) One (1) representative
selected by the Committee shall serve a one (1) year term,
(b) One (1) representative selected by the
Committee shall serve a two (2) year term, and
(c) One (1) representative selected by the
Committee shall serve a three (3) year term.
(d) Alternate selection panel members shall
have three (3) year terms.
(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) Each applicant shall take a test provided
on a date and time specified by the Division. The test shall be proctored by a
Division employee to ensure consistency in test taking procedures. The
questions will be scaled such that an applicant can receive a total of forty
(40) points.
(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. A maximum of six (6) points are
available as credit for experience, at the rate of .1 points per month under a
L.O.F.A. No extra points are given for applicants holding a current
L.O.F.A.
2. A maximum of ten (10)
points are available for Division business consultant responses to a
performance questionnaire. The questionnaire is to be completed by a Division
business consultant and provided to the Division. For Vendors under a L.O.F.A.
for the most recent thirty-six (36) consecutive months, the questions shall be
equally weighted to allow for a maximum of ten (10) points. For a Vendor under
a L.O.F.A. for less than the most recent thirty-six (36) consecutive months,
the questionnaire score shall be pro-rated by the number of months under a
L.O.F.A. divided by thirty-six (36). Vendors not currently under a L.O.F.A. are
ineligible for consultant questionnaire points.
3. A maximum of nine (9) points are available
for meeting the net profit margin percentages, as set forth in the L.O.F.A.,
during the most recent thirty-six (36) consecutive months. A maximum of three
(3) points are available per twelve (12) month period. Net profit points will
be pro-rated for Vendors with more than twelve (12) months but fewer than
thirty-six (36) months duration under a L.O.F.A. or who have changed Vending
facilities in the most recent twelve (12) consecutive months.
4. Applicants shall be penalized for the
following incidents 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) Applicants
with the top five (5) combined testing and performance review scores, including
ties, qualify for an interview with the selection panel. If the Vending
facility in question is currently run under a Temporary L.O.F.A., the applicant
who holds the Temporary L.O.F.A. is also automatically eligible to be
interviewed. The interview and associated points are structured as follows:
1. Break the ice period: The selection panel
will initiate the interview with general opening questions. There are no points
for this portion of the interview.
2. Structured interview component: The
selection panel will ask each applicant the same five (5) questions, determined
prior to the first interview, and each panelist will rate the responses on a
scale of 0 to 5. At the end of this portion of the interview each panelist's
scores are averaged and then all panelists' averaged scores are added together.
A maximum of twenty-five (25) points are available.
3. Interactive component: The applicant is
given the opportunity to present the reasons they feel they are best suited to
this Vending facility. Following the presentation the selection panel may ask
questions of the applicant relating to the presentation or regarding any
inconsistencies between Division documentation and the presentation. The
selection panel is also permitted to question the applicant regarding past
performance. Based on the presentation and the following discussion each
panelist will rate the applicant from 0 to 10. These scores will be averaged
for a maximum possible score of ten (10) points.
4. Distressed Vending facility points: A
Vending facility may be determined to be distressed by the Division upon
consideration of the following factors: a significant decrease in gross sales;
a significant decrease in customer base; the condition of the equipment; and
the overall condition of the Vending facility. If the applicant currently holds
a Temporary L.O.F.A. in a Vending facility determined to be distressed by the
Division and is applying for a Permanent L.O.F.A. in the same Vending facility,
the applicant is eligible for up to five (5) points. The panelists will review
Vending facility records and on a scale of 0 to 5 rate the improvement made by
the applicant. The panelists' scores will be averaged for a maximum possible
score of five (5) points.
(4) Following the interview, the scores from
the test, performance review, and interview are totaled. The selection panel
reviews the total scores, prior performance, experience, and the type of
Vending facility. The selection panel may recommend that the Vending facility
be re-advertised or that one of the applicants who was interviewed be awarded
the Vending facility. If the selection panel recommends an applicant without
the highest score it must provide an explanation, in writing, to the Division.
The selection panel will submit its recommendations, in writing, to the
Division.
(5) The Division shall
review the recommendation package to ensure all conditions described above are
complied with prior to making the appointment. The Division shall make all
appointments.
Rulemaking Authority
413.011(3)(l),
413.051(12) FS.
Law Implemented 413.011(3)(f),
413.041,
413.051
FS.
New 10-20-98, Formerly
38K-1.0045, Amended
8-24-16.
