Florida Regulations 6A-18.044: Licensed Operator Facility Agreement
Current as of: 2024 | Check for updates
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(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 subFl. Admin. Code R. 6A-18.044(2)(a)1., 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 sign a Temporary L.O.F.A. for one 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.
Rulemaking Authority 413.011(3)(l), 413.051(12) FS. Law Implemented 413.011(3)(f), 413.041, 413.051 FS. History-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.
Terms Used In Florida Regulations 6A-18.044
- Contract: A legal written agreement that becomes binding when signed.
(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 subFl. Admin. Code R. 6A-18.044(2)(a)1., 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 sign a Temporary L.O.F.A. for one 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.
Rulemaking Authority 413.011(3)(l), 413.051(12) FS. Law Implemented 413.011(3)(f), 413.041, 413.051 FS. History-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.