Current through Reg. 50, No. 187; September 24, 2024
(1)
General. The Division has the exclusive right to provide Vending facilities,
including newspaper racks and newspaper vending machines, at interstate highway
rest stops pursuant to 23 U.S.C.
Section 111(c),
20 U.S.C. Section
107 et seq. and section
413.051, F.S.. The Division's
authority to approve the sale of newspapers and other information to the
traveling public at highway rest areas is subject to an agreement with the
Florida Department of Transportation. All regularly published newspapers shall
have the opportunity to provide vending sales at interstate rest stops by
permit subject to the conditions established in this rule.
(2) Conditions.
(a) The publisher or distributor will be
responsible to provide a rack or vending machine of the type, style, and color
normally used by the publisher or distributor that is stable, durable, and
fastened to the ground.
(b) The
rack or vending machine will be maintained, repaired, operated and cleaned by
the publisher or its agent. The rack or vending machine will be new or in
like-new condition when placed into use in the rest area.
(c) When necessary for stability, the
publisher or distributor will provide a concrete reinforced pad on which to
place the newspaper vending machines. The placement of the rack or vending
machine will be in an area agreed upon by the Department of Transportation and
the Division. The placement must not create a safety hazard or interfere
physically with access to other rest area facilities or vending machines.
Publishers and distributors agree to maintain the newspaper vending machines in
working order and remove any refuse created by the use of the vending
machine.
(d) The publisher or
distributor shall provide continuous availability of its current issue to the
public.
(e) The publisher or
distributor shall indemnify and hold harmless the Division and the State of
Florida against any claims arising out of negligence in the presence and/or
operation of the rack or vending machine provided. All contracts for vending
services at rest stops entered into after the effective date of this rule will
require this same indemnification.
(3) Compensation. The publisher or
distributor will be required to compensate the division at the rate of ten (10)
dollars annual administrative fee per newspaper rack. The Department reserves
the right to monitor the service being provided and inspect the condition,
cleanliness of equipment and other matters related to the operation of the
applicant's newspaper vending on the interstate.
(4) Application and permit procedures.
(a) Publishers or distributors wishing to
dispense newspapers on the interstate highway shall, by letter, prepare an
application for permit to dispense newspapers, and mail the application to the
Division of Blind Services, 325 West Gaines Street, Suite 1114, Tallahassee,
Florida 32399-0400.
(b) The
application letter shall include: the locations desired, the newspapers to be
sold, and proposed timing of the installations. If the Division fails to notify
the publisher or distributor within ten (10) business days of receipt of the
application, the application will be deemed approved.
(c) Transfer of newspaper racks from one
location to another may be accomplished at the request of the publisher or
distributor depending upon the availability of space.
(5) Termination of permit.
(a) Either the newspaper publisher or
distributor or the Division may terminate a permit entered into under this
rule, by giving thirty (30) calendar days written notice. If the permit is to
be terminated by the Division, written notice with reasons for the termination
will be given to the newspaper publisher or distributor. The Division may only
terminate a permit if the requirements of paragraphs (2)(a)-(d) of this rule
are not met or if a safety hazard is created and not remedied by a publisher or
distributor, or if the licensing fee is not paid.
(b) The written notice shall also provide the
publisher or distributor with thirty (30) calendar days to institute corrective
action. If the Division determines that the publisher or distributor has failed
to institute corrective action within the time allowed in the written notice,
it shall notify the publisher or distributor in writing and direct the
publisher or distributor to remove the rack(s) or vending machine(s) in
question within ten (10) calendar days. If, during these final ten (10) days
the publisher or distributor files a request for administrative hearing
pursuant to chapter 120, F.S., the racks or vending machines that are the
subject of the dispute will not be removed until after a final order is issued.
If the publisher or distributor fails to remove racks or vending machines, the
Division may remove the rack(s) or vending machine(s) without further notice.
The notice that the corrective action has not been taken or is not adequate
shall be considered final agency action for the purposes of section
120.569,
F.S.
(6) Pursuant to
section 120.695, F.S., the Division has
designated the first violation of subsection
6A-18.045(2),
F.A.C., as a minor violation for which the Division shall issue a Notice of
Noncompliance, allowing the vendor fifteen (15) days to correct the minor
violation prior to application of other appropriate
discipline.
Rulemaking Authority
413.011(3)(l),
413.051(12) FS.
Law Implemented 413.011(3)(f),
413.041,
413.051
FS.
New 3-1-93, Formerly 6A-18.012,
38K-1.012, Amended 8-24-16,
10-18-18.
