Section 4 (legal)

Item 400 -- Conditions for Termination of the Licensed Operator Facility Agreement for Breach; Suspension or Revocation of License.

A Licensed Operator Facility Agreement (LOFA) shall be terminated and/or the LOFA holder’s license suspended or revoked for failing to comply with any one of the following:

1.  The provisions of the BEP Policy and Program Handbook;

2.  The tenets of the LOFA itself;

3.  The terms and conditions of any permit or lease for property on which the vending facility being operated is located; or

4.  The terms and conditions for licensure.

A Licensee’s LOFA shall be terminated and/or the LOFA holder’s license suspended or revoked for any of the following reasons: 

1.  Failure by the Licensee to pay the Licensor for operational debts incurred in execution of the LOFA.  Failure shall be determined as lack of satisfaction of said debt, after due notice as set forth in the Policy and Program Handbook.

2.  Default on any repayment plan between the Licensee and the Licensor for any current or prior operational debt.  Default shall be determined as lack of satisfaction of the balance on said debt, after due notice as set forth in the Policy and Program Handbook.

3.  Failure by the Licensee on two consecutive occasions to provide the monthly business reports and set-aside levy by the due date.

4.  Failure on three separate occasions during any calendar year to provide the monthly business reports and set aside levy by the date due.

5.  Removal of State property from the Facility without the written approval of the Licensor.

6.  Misuse or abuse of State property.

7.  Misuse of or misappropriation of Facility funds.

8.  Falsification of records or reports.

9.  The possession, use, sale, or being under the influence of alcohol or illegal drugs at the Facility.

10.  A finding of discrimination or sexual harassment.

11.  A finding of guilty or plea of nolo contendere to a first degree misdemeanor or a felony whether adjudication is withheld or not to an offense that affects the Licensee's ability to perform under this agreement or adversely affects the Licensor's ability to carry out the purposes of the program.

12.  Possession of firearms or unauthorized lethal weapons in the Facility by the Licensee or any employee under the control of the Licensee.

13.  Fighting in the Facility whether physically or verbally.

The Division shall serve written notice of its intent to terminate a LOFA and/or suspend or revoke the LOFA holder’s License; such notification effected by hand delivery or certified mail to the Licensee's last known address. Such action shall constitute an Agency Decision, which may be appealed through the Division's grievance process (See Item 12299).

Licensees will be referred to the State Comptroller's Office for any outstanding debts owed to the Division of Blind Services for unpaid set-aside levies and/or working capital shortages.

Item 410 -- Emergency Temporary Suspension of License

If a Licensee's actions in operating a vending facility constitute an immediate danger to public health, safety, welfare, or to the assets of the vending facility, the Division shall immediately bar the Licensee from the vending facility with an emergency temporary suspension of the LOFA holder’s license.

The Division shall provide the Licensee written notification of the cause for such suspension within ten (10) days of the date of the action; such notification effected by hand delivery or certified mail to the Licensee's last known address.

Unless the suspended license is reinstated, all facility proceeds shall revert to the Division from the day immediately following the suspension.  If the license is reinstated, any accrued facility proceeds shall be provided to the Licensee immediately upon the reinstatement of the license.

Item 420 -- License Revocation - Increased Vision, Prolonged Illness or Inability to Operate A Vending Facility

A license issued for the operation of a vending facility on federal, state, or other property may be revoked if one of the following applies:

1.  Improved vision which exceeds the definition of legal blindness;

2.  The Licensee voluntary withdrawals from the BEP; or

3.  The Licensee has an extended illness with documentation of inability to operate a vending facility.

Before revocation of a license the Division of Blind Services shall do all of the following:

1.  Provide a written notice indicating the reasons for initiating the revocation process;

2.  Provide an informal opportunity for the Licensee to show cause as to why the current state of his/her vision or ill health should not be considered as cause for licensure revocation.

3.  If the Division finds the licensee's reasons to be insufficient, such action shall constitute an Agency Decision, which may be appealed through the Division's grievance process.

Item 430 -- License Termination Voluntary Licensees Resignation from Program

At the time that a Licensee discontinues participation in the Business Enterprise Program (BEP), the BEP license is revoked. An approved leave of absence is not considered termination or withdrawal from the program. Prior to re-entry into BEP, the person returning must again meet the eligibility criteria and complete the full BEP Training Program.

When a Licensee desires to disengage from the BEP, he or she shall provide a signed written statement, which includes the following language or similar:

"As of this date, I voluntarily withdraw from the Business Enterprise Program. With this withdrawal, I understand that my BEP license is correspondingly revoked. If I wish to re-enter the program, I must again:

Meet any applicable eligibility requirements in effect at the time of re-entry; 

Successfully complete any required re-training as determined by the Division of Blind Services with the active participation of the Committee of Operators, and

Pass any then applicable tests required of persons working in Florida food service establishments."

The statement must be presented to the Business Enterprises Consultant when the final inventory is conducted.  If the Licensee is not under contract, the statement may be submitted at the Licensee’s discretion.

Item 440 -- Grievance Procedure

When licensees are dissatisfied with action taken by the Division, which affects the licensee in the operation of the relevant vending facility, they may file a grievance. The grievance shall be reviewed by a five member board which shall be comprised of two persons selected by the Division and three persons selected by the State Committee of Vendors. The board shall review the written grievance, and documents attached to such grievance and all relevant Division documents.

The grievance shall be filed in writing with the Division, within 21 calendar days of notice of the action giving rise to the grievance.

In all matters not involving decisions under Rule 38K-1.0045, F.A.C. (Application and Selection):

1.  The written grievance shall specify the action being grieved and contain a recommendation for its resolution and include any documents deemed relevant by the grievant to the grieved action or the proposed resolution;

2.  The Board shall issue a recommendation to the Division supported by a simple majority of the board within 15 days of the Division's receipt of the written grievance; and

3.  If the grievance is not resolved in writing to the satisfaction of the licensee within 30 calendar days of the receipt of the grievance, the licensee may request a hearing pursuant to Chapter 120, Florida Statutes, which request shall be in writing and filed with the Director, Division of Blind Services, within 21 calendar days of receipt of the Division's response.

In matters involving decisions under Rule 38K-1.0045, F.A.C. (Application and Selection), the procedure shall be as stated above except that:

1.  The grievance shall be filed in writing with the Division within 7 days of the Division appointment announcement;

2.  The written grievance shall not include any material required under Rule 38K-1.0045(1), F.A.C. (e.g. turning in application by due date); and

3.  The Board's recommendation shall be issued to the Division within 12 days of the Division's appointment announcement.

Item 450 -- Selection Process

License Operator Facility Agreements (LOFAs) are awarded according to a selection process outlined in Chapter 38K-1.0045, FAC.  All business opportunities being offered are announced in accordance with provisions of Chapter 38K-1.0044, FAC.

When a Licensee leaves a business opportunity or when a new opportunity is established, a vacancy is created.  Such vacancies are announced as available on a designated statewide toll free phone number 888-434-3911 or Incoming lines or rotary include 850-488-6022 and 850-488-6763.  Vacancy announcements will be posted on the 1st of the first month in the quarter, beginning with April 1, 2002, unless it is a weekend or State holiday, whereupon the posting will take place on the next workday following the holiday.  Each announcement shall be posted until 5:00 p.m. EST on the 15th of that month.

Applying for a listed business opportunity

To apply for any of the listed business opportunities all Licensees must complete a Business Opportunity Application (Form DBS-729) in its entirety.  Applications are available at the local DBS office, the local BEP Consultant or the DBS website -http://www.state.fl.us/dbs. 

The application must have the applicants' name, current mailing address and both daytime and evening phone numbers.  The application forms must be submitted to the Bureau of Business Enterprises' State Office by close of business (5:00 P.M.) on the stated deadline date.  A faxed application will be accepted but must be received in the BBE's State Office by close of business (5:00 P.M.) on the stated deadline date.  Any application received after close of business (5:00 P.M.) on the stated deadline date including those submitted by fax will not be considered for the business opportunities listed.

The names of applicants will be provided to the Statewide Selection Panel for consideration in accordance with prescribed criteria as set forth in Chapter 38K-1.0045, FAC.  The Selection Panel may screen the applicants when more than seven Licensees apply for a single vacancy, offering interviews to the top five candidates only. 

The Selection Panel’s recommendations are based on the results of a personal interview and a review of the Licensee’s most current three-year period of performance records held by the Bureau.  If the Licensee has not held a LOFA from which performance can be assessed, he or she shall be assigned a nominal score equivalent to the minimal qualifications required for a recommendation. All interviews are held in Tampa and any expense incurred to attend is the responsibility of the applicant.  Applicants should be aware that a few of the business opportunities are in buildings that require that the operator have a background check to qualify.

The Statewide Selection Panel shall rank order all Licensees who earn a qualifying score as determined by combining the performance review results with weighted interview responses.  The rankings shall be submitted to the Bureau of Business Enterprises as a recommendation packet.

The Division shall review the recommendations submitted to ensure compliance with Chapter 38K-1.0045.  

All applicants will receive written notification of the selection process outcomes on opportunities for which they applied. The rejection of a licensee’s application constitutes an Agency Decision, which may be appealed through the Division’s grievance process.  Additionally, as noted previously, a few of the business opportunities are in buildings that require that the operator have a background check to qualify.  Individuals the do not pass the background check cannot be awarded the facility.

Top

Florida Business Enterprises Program
Providing Tools and Support for the Blind and Visually Impaired in the Food Service Business