NOTICE IS HEREBY GIVEN that on January 14, 2009, the Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants has issued an order.
The department received a Routine Variance from paragraphs 61C-1.004(2)(a) and 61C-4.010(7)(f), Florida Administrative Code (F.A.C.), for Anastasia Inn located in St. Augustine. The above referenced F.A.C. states that each public lodging and food service establishment shall be provided with adequate and conveniently located bathroom facilities for its employees and guests…. Specifically, the petitioner is requesting to not install a public bathroom for use by guests in the food service area within a public lodging establishment, but for guests to use their bathrooms inside of their rooms.
This variance was approved contingent upon the Petitioner ensuring the bathrooms located in each guest room are maintained in a clean and sanitary manner and are provided with hot and cold running water under pressure, soap and hand drying towels. The Petitioner shall ensure guests are informed that public bathrooms are unavailable by installing signage within and outside the food service area clearly stating that no public bathrooms are available. Petitioner will be take-out only with no seats. If violations are documented that guests are unlawfully allowed to use the inaccessible employee bathroom or if the establishment undergoes expansion or other remodeling, this variance approval will be revisited. Any violation of the variance is the equivalent of a violation of the Rule and may result in a rescission of the variance and subject the Petitioner to disciplinary sanctions as enumerated in Section 509.261, Florida Statutes.
A copy of the Order may be obtained by contacting: Rhonda.Steele@dbpr.state.fl.us.