Section 7: Termination, Revocation, or Suspension
7.0 Termination of LOFA
Non-Compliance Issues: 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:
- The rules of Chapter 6A-18, FAC.
- The provisions of the BBE Policy and Procedures Manual.
- The tenets of the LOFA itself.
- The terms and conditions of any permit or lease for property on which the vending facility being operated is located.
- The terms and conditions for licensure.
Material Breaches: A Licensee's LOFA shall be terminated and/or the LOFA holder's license suspended or revoked for any of the following reasons:
- Misuse or unauthorized use of Vending facility or equipment, in violation of the LOFA, including damage or destruction due to negligence or the failure to use ordinary or reasonable care;
- Removal of state property or state funds from a Vending facility without the prior written approval of the Division;
- Misuse or misappropriation of state funds;
- Falsification of facility records or reports relating to the selection for or the operation of a Vending facility;
- Fighting physically or the use of threatening, discriminatory, harassing, or abusive language at the Vending facility;
- Being in possession of, selling or being under the influence of illegal drugs or alcohol at a Vending facility;
- Becoming incapacitated to such a degree that the Vendor can no longer manage the Vending facility in a manner consistent with the requirements of subsection 6A-18.0421(1), FAC;
- Failure to successfully complete, every two (2) years, three (3) continuing education units (CEUs) of courses approved by the Division;
- 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;
- Unlicensed carrying of concealed weapons or concealed firearms, as set forth in Section 790.01, FS, in a Vending facility by the Blind licensee, excluding tools typically used in the operation of a Vending facility;
- Failure by the Blind licensee to pay the Division for a) Initial working capital when due or b) Set-aside funds.
- Failure by the Blind licensee to pay commissions or other financial obligations incurred in execution of the LOFA, following due notice from the Division;
- 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;
- Failure by the Blind licensee on two (2) consecutive occasions to submit, under the LOFA, the monthly business reports or Set-aside funds by the due date; or
- Failure on three (3) separate occasions during any calendar year to submit, under the LOFA, the monthly business reports and Set-aside funds by the date due.
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 shall be via 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. 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.
7.1 Emergency 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) business days of the date of the action; such notification via 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.
7.2 Revocation of License
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:
- Improved vision which exceeds the definition of legal blindness.
- The Licensee voluntarily withdraws from the BBE.
- The Licensee has an extended illness with documentation of inability to operate a vending facility.
- The Licensee fails required background screening.
- The Licensee has been the subject of one or more LOFA cancellations, so long as said cancellations have been upheld by the grievance process and any subsequent legal actions initiated by said licensee.
Before revocation of a license the Division of Blind Services shall do all of the following:
- Provide a written notice indicating the reasons for initiating the revocation process.
- 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.
- 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.
7.3 Voluntary Resignation
At the time that a Licensee discontinues participation in the Bureau of Business Enterprise, their BBE license is revoked. Voluntary resignation from a facility is not considered discontinuation in the BBE program. An approved leave of absence is not considered termination or withdrawal from the program.
When a Licensee desires to disengage from the BBE, 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 BBE license is correspondingly revoked. The statement must be presented to the Regional Business Consultant at the time of, or prior to, the exit inventory. If the Licensee is not under contract, the statement may be submitted at the Licensee's discretion.
If the Licensee wishes to re-enter the program at a later date, they must again:
- Meet any applicable eligibility requirements in effect at the time of re-entry;
- Successfully complete the full BBE Training Program or required re-training as determined by the Division of Blind Services with the active participation of the Committee of Vendors, and
- Pass all applicable tests required of persons working in Florida food service establishments.