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 October 05, 2009, the Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants has issued an order.
The Department received a Petition on September 15, 2009 for an Emergency Variance for subsections 61C-4.010(6), (7), Florida Administrative Code, from Sunnibunni Frozen Yogurt & Organic Fruit Smoothies, Lakewood Ranch, FL. 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 300 feet in an adjacent business located within the same strip mall.
The variance request was published in Vol. 35, No. 38, September 25, 2009 and is contingent upon the Petitioner ensuring the bathrooms located within Sandra D’s Hair Designs are maintained in a clean and sanitary manner and are provided with hot and cold running water under pressure, soap, approved hand drying devices and 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 Sandra D’s Hair Designs changes, an updated signed agreement for use of the bathroom facilities 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: Lydia.Gonzalez@dbpr.state.fl.us, Division of Hotels and Restaurants, 1940 North Monroe Street, Tallahassee, Florida 32399-1011.