Florida Administrative Code › 6 - DEPARTMENT OF EDUCATION › 6A - State Board of Education › Chapter 6A-18 - DIVISION OF BLIND SERVICES › Section 6A-18.0421 - Conditions for Termination of a L.O.F.A.; Suspension or Revocation of License

Current through Reg. 50, No. 138; July 16, 2024
(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.