Notice of Variances and Waivers

Division of Hotels and Restaurants
61C-1.002: Licensing and Inspection Requirements
NOTICE IS HEREBY GIVEN that on October 20, 2010, 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 on October 7, 2010 for subparagraph 61C-1.002(5)(a)2., Florida Administrative Code from Evey’s Mobile Soft Serve Palace, Melbourne, FL. The above referenced F.A.C. addresses the requirements that a mobile food dispensing vehicle be a vehicle that is otherwise movable. They are requesting to mount the mobile food dispensing vehicle on casters rather than an axle.
The initial petition was published in Vol. 36, No. 42, October 22, 2010. 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 facility. Furthermore, the Division finds that the Petitioner meets the burden of demonstrating the underlying statute has been achieved by maintaining the casters in good repair. No additional equipment is to be installed. The unit must report to the commissary as required.
A copy of the Order may be obtained by contacting:, Division of Hotels and Restaurants, 1940 North Monroe Street, Tallahassee, Florida 32399-1011.