Notice of Variances and Waivers

Division of Hotels and Restaurants
61C-4.010: Sanitation and Safety Requirements
The Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants hereby gives notice:
On September 26, 2011, the Department received a Petition for an Emergency Variance for subsections 61C-4.010(6), (7) Florida Administrative Code, from Grazie Dio Italian Marketplace, Doral, 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 another adjacent licensed food service establishment.
The Petition for this variance was published in Vol. 37, No. 40 on October 7, 2011. The Order for this Petition was signed on October 13, 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 IL Forno Ristorante (SEA2332375) 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 IL Forno Ristorante 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.