Fla. Admin. Code Ann. R. 6A-18.044 - Licensed Operator Facility Agreement
(1) Each Vendor
operating a Vending facility shall execute and maintain a L.O.F.A. with the
Division.
(2) A Permanent L.O.F.A.
is implemented for the operation of a Division Vending facility in perpetuity
by a Vendor. It contains contractual obligations and expectations between the
Vendor and the Division as well as the interactions of both with property
owners. A Permanent L.O.F.A. is awarded through the selection process, except
as provided by subsection
6A-18.0424(4),
F.A.C.
(a) Blind licensees who fall into any
of the following three (3) categories must sign a Permanent L.O.F.A. for a
minimum contract period of twelve (12) months on their next Vending facility:
1. Blind licensees who have never operated a
Vending facility under a Permanent L.O.F.A.
2. Blind licensees whose most recent
Permanent or Temporary L.O.F.A. was cancelled for breach or
abandonment.
3. Blind licensees who
have not actively held either a Permanent or a Temporary L.O.F.A. within five
(5) years immediately preceding the offer of the L.O.F.A. and who have
successfully completed the required retraining in accordance with subsection
6A-18.042(5),
F.A.C.
(b) An exception
to subparagraph 6A-18.044(2)(a)
1., F.A.C., exists for Blind licensees who have operated a Vending facility
under a Temporary L.O.F.A. Blind licensees who have operated a Vending facility
under a Temporary L.O.F.A. may sign a Permanent L.O.F.A. for less than twelve
(12) months if they are awarded a Permanent L.O.F.A. at the Vending facility
where they held the Temporary L.O.F.A. The twelve (12) months requirement shall
be reduced by the number of months the Vendor held the Temporary
L.O.F.A.
(3) A Temporary
L.O.F.A. is identical to a Permanent L.O.F.A. except that it is time specific
as to its duration and is not awarded in the selection process but rather by
recommendation of a committee.
(a) The
committee consists of:
1. A business
consultant from a region other than where the vacancy has occurred;
2. A designee of the Division;
3. The chairperson of the Committee of
Vendors or his or her designee.
(b) Temporary L.O.F.A. opportunities will be
announced along with a deadline for applicants to respond. Following the
response period the committee will interview applicants and make a
recommendation to the Division.
(4) Blind licensees operating a temporarily
closed Vending facility may apply for another Permanent facility and if awarded
that facility, may sign a Temporary L.O.F.A. one time for the other Vending
facility without losing their rights to the closed Vending facility. Upon
notice of the reopen date for the closed Vending facility, the licensed
operator has three (3) days to elect to return to the original Permanent
L.O.F.A. Vending facility, when it reopens, or forfeit their rights to the
original Vending facility and sign a Permanent L.O.F.A. for the Vending
facility they currently operate under a Temporary L.O.F.A.
(5) The Division provides the initial working
capital for each Vending facility in the form of inventory, cash, and coin
necessary for conducting business. The total amount of initial working capital
is entered on the L.O.F.A. Once initial working capital is supplied, it is the
responsibility of the Vendor to maintain, at all times, a total inventory equal
to the initial stock and/or cash value provided by the Division, less any
amount repaid to the Division. The Blind licensee will not be allowed to apply
for posted business opportunities, or enter into either a Permanent L.O.F.A. or
a Temporary L.O.F.A. while there is an initial working capital balance from any
past Vending facilities operated by the Blind licensee.
(6) The required Set-aside funds, which are
paid monthly under both the Permanent L.O.F.A. and the Temporary L.O.F.A., are
a percentage of the monthly Net proceeds of the Vending facility set by the
Division after collaboration with the Committee of Vendors.
(7) Under both the Permanent L.O.F.A. and the
Temporary L.O.F.A., the Vendor shall file a monthly report utilizing the
on-line reporting system maintained by the Division, no later than the last
calendar day of the following month. The Set-aside funds are due with the
monthly report.
Notes
Rulemaking Authority 413.011(3)(l), 413.051(12) FS. Law Implemented 413.011(3)(f), 413.041, 413.051 FS.
New 4-5-83, Amended 11-5-85, Formerly 6A-18.10, Amended 7-8-87, Formerly 6A-18.010, Amended 10-20-98, Formerly 38K-1.010, Amended 8-24-16.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.