NOTICE IS HEREBY GIVEN that on October 20, 2010, the Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants has issued an order.
The Department received a Petition for an Emergency Variance on October 6, 2010 for subsections 61C-4.010(6), (7), Florida Administrative Code, from Pizza Brew, Coral Springs, FL. The above referenced F.A.C. addresses the requirements that at least one accessible bathroom be provided for use by customers. They are requesting to share bathrooms located within another business for use by customers only.
The initial petition was published in Vol. 36, No. 42 on October 22, 2010. 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 facility. Furthermore, the Division finds that the Petitioner meets the burden of demonstrating the underlying statute has been achieved by ensuring the bathrooms located within an adjacent business (Whole Addiction) 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 directional signage is installed within or outside the establishment clearly stating the location of the bathrooms. If the hours of operation or ownership of Whole Addiction change, an updated signed agreement for use of the bathroom facilities is required immediately.
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.