The Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants hereby gives notice:
On September 2, 2011, the Department received a Petition for an Emergency Variance for paragraph 61C-1.004(2)(a), Florida Administrative Code, subsections 61C-4.010(6), (7), Florida Administrative Code, and Section 6-402.11, 2001 FDA Food Code from Red Mango Frozen Yogurt and Smoothies, Ft. Lauderdale, FL. The above referenced F.A.C. addresses the requirement that at least one accessible bathroom on the same level be provided for use by customers and employees. They are requesting to utilize bathrooms located on the level below of the shopping mall.
The Petition for this variance was published in Vol. 37, No. 37 on September 16, 2011. The Order for this Petition was signed on September 22, 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 below are maintained in a clean and sanitary manner and are provided with hot and cold running water under pressure, soap, approved hand drying devices, handwash sign 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.