Notice of Variances and Waivers

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Division of Hotels and Restaurants
RULE NO: RULE TITLE
61C-1.004: General Sanitation and Safety Requirements
NOTICE IS HEREBY GIVEN that on August 05, 2009, the Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants has issued an order.
The Department received on July 23, 2009 a petition for an Emergency Variance for Section 509.221(1)(b), F.S., subsection 61C-1.004(1), paragraph 61C-1.004(1)(d), F.A.C., and paragraph 5-202.11(A), 2001 FDA Food Code from Corona Beach House located in Miami. The above referenced F.A.C. addresses the requirement that each establishment must discharge sewage into an approved collection system and have an approved plumbing system installed. They are requesting to utilize holding tanks to provide potable water and to collect waste water.
Notice of this petition was filed and published in Vol. 35, No. 31, August 7, 2009, Florida Administrative Weekly. The variance was approved on August 5, 2009, contingent upon the Petitioner ensuring the hand wash sink and three-compartment sink are provided with hot and cold running water under pressure during all hours of operation; the waste water holding tanks are emptied at a frequency as to not create a sanitary nuisance; and the water provided comes from an approved source and is protected from contamination during handling. 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, F.S.
A copy of the Order may be obtained by contacting: Lydia.Gonzalez@dbpr.state.fl.us, Division of Hotels and Restaurants, 1940 North Monroe Street, Tallahassee, Florida 32399-1011.