NOTICE IS HEREBY GIVEN that on November 15, 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 25, 2010 for subsections 61C-4.010(6), (7), Florida Administrative Code, from Burrito Brothers, Jupiter, 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 Petition was published in Vol. 36, No. 45 on November 12, 2010, 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 bathrooms located within Rosetta’s Produce are maintained in a clean and sanitary manner, have cold running water under pressure, soap, approved hand drying devices and are available during all hours of operation and that directional signage is installed in the establishment clearly stating the location of the bathrooms. If the ownership of Rosetta’s Produce changes, 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.