Notice of Variances and Waivers

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Division of Hotels and Restaurants
RULE NO: RULE TITLE
61C-4.010: Sanitation and Safety Requirements
NOTICE IS HEREBY GIVEN that on April 14, 2009, the Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants has issued an order.
The Department received a petition for a Routine Variance for subsection 61C-4.010(5), Florida Administrative Code, and Paragraph 4-301.12(A), 2001 FDA Food Code from Café Express located in Miami Springs. The above referenced F.A.C. addresses the requirement that each establishment have facilities for washing, rinsing and sanitizing dishes and utensils. They were requesting to utilize the dishwashing facilities located in another establishment on another level under the same ownership.
Notice of this petition was filed and published in Vol. 35, No. 14, April 10, 2009 of the Florida Administrative Weekly. The variance was approved on April 14, 2009, contingent upon the Petitioner ensuring the three-compartment sink located within the El Mirador is maintained in a clean and sanitary manner and provided with hot and cold running water under pressure and available during all hours of operation. If the owner of the El Mirador changes, an updated signed agreement for use of the three-compartment sink is required immediately. 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, Florida Statutes.
A copy of the Order may be obtained by contacting: Rhonda.Steele@dbpr.state.fl.us, Division of Hotels and Restaurants, 1940 North Monroe Street, Tallahassee, Florida 32399-1011.