Notice of Variances and Waivers

Division of Hotels and Restaurants
Rule No. : RULE TITLE :
61C-4.010: Sanitation and Safety Requirements
The Department of Business and Professional Regulation, Division of Hotels and Restaurants hereby gives notice:
That on March 21, 2011 the Department received an Emergency Petition for an Emergency Variance for subsection 61C-4.010(7) Florida Administrative Code, and subsection 61C-4.010(6), Florida Administrative Code, from Moments In Time Catering located in Fort Lauderdale. The above referenced F.A.C. addresses the requirement that at least one accessible bathroom be provided for use by customers. They are requesting to utilize bathrooms located within an adjacent business for customers only.
The Petition was published in Vol. 37/14 on April 8, 2011. The Order for this Petition was signed on April 14, 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 bathrooms located within the Atlantic Properties International Inc., 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 ownership of Atlantic Properties International Inc. changes, an updated signed agreement for use of the bathroom facilities is required immediately.
A copy of the Order or additional information may be obtained by contacting:, Division of Hotels and Restaurants, 1940 North Monroe Street, Tallahassee, Florida 32399-1011.