The Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants hereby gives notice:
On August 5, 2011, the Department received a Petition for an Emergency Variance for subsection 61C-4.010(7), Florida Administrative Code, from Forno E Fornelli Trattoria E Pizzeria, Key Biscayne, FL. The above referenced F.A.C. addresses the requirement that at least one accessible bathroom located on the same level be provided for use by customers. They are requesting to utilize public bathrooms located on a different level than the food service establishment for customer use only.
The Petition for this variance was published in Vol. 37, No. 33, on August 19, 2011. The Order for this Petition was signed on August 26, 2011, and after a complete review of the variance request, the Division finds that the application of this rule will create a financial hardship to the food service establishment. Furthermore, the Division finds that the Petitioner meets the burden of demonstrating that the underlying statute has been achieved by the Petitioner ensuring the public bathrooms located on the level above are maintained in a clean and sanitary manner and are provided with cold running water under pressure, soap, approved hand drying devices, and are available during all hours of operation. The Petitioner shall also ensure that directional signage is installed within and outside the establishment clearly stating the location of the bathrooms.
A copy of the Order or additional information may be obtained by contacting:
Lydia.Gonzalez@dbpr.state.fl.us, Division of Hotels and Restaurants, 1940 North Monroe Street, Tallahassee, Florida 32399-1011.