NOTICE IS HEREBY GIVEN that on March 10, 2011, the Department of Business and Professional Regulation, Division of Hotels and Restaurants, received a petition for an Emergency Variance for subsection 61C-4.010(7), Florida Administrative Code and subsection 61C-4.010(6), Florida Administrative Code, from Hollywood Sweets & Icy Treats located in Hollywood. 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 utilize centrally located public bathrooms for use by customers only.
The Petition was published in Vol. 37, No. 12 on March 25, 2011. The Order for this Petition was signed on March 31, 2011 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 centrally located public bathrooms 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. The Petitioner shall also ensure directional signage is installed in the establishment clearly stating the location of the public bathrooms. If the bathroom situation changes, a written update must be provided to the Division immediately.
A copy of the Petition for Variance or Waiver may be obtained by contacting: Lydia.Gonzalez@DBPR.state.fl.us, Division of Hotels and Restaurants, 1940 North Monroe Street, Tallahassee, Florida 32399-1011.