The Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants hereby gives notice:
On March 2, 2012, the Division of Hotels and Restaurants received a Petition for an Emergency Variance for subparagraph 61C-1.002(5)(a)2., Florida Administrative Code, from BBQ Carts 1, 2 & 3 located in Pensacola, FL. The above referenced F.A.C. addresses the requirement that a mobile food dispensing vehicle be a vehicle that is otherwise movable. They are requesting to mount the mobile food dispensing vehicle on casters rather than an axle.
The Petition for this variance was published in Vol. 38, No. 11 on March 16, 2012. The Order for this Petition was signed on March 22, 2012, 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 casters must be maintained in good repair and no additional equipment is to be installed. The unit must report to the commissary each day of operation for support services.
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.