This is a readvertisement. The previously advertised Disposition approved the use of public bathrooms on the incorrect floor level. A Corrected Order has been issued approving the use of public bathrooms on the correct floor ....

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Division of Hotels and Restaurants

RULE NO.:RULE TITLE:

61C-4.010Sanitation and Safety Requirements

The Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants hereby gives notice:

This is a readvertisement. The previously advertised Disposition approved the use of public bathrooms on the incorrect floor level. A Corrected Order has been issued approving the use of public bathrooms on the correct floor level.

On October 17, 2023 the Division of Hotels and Restaurants received a Petition for an Emergency Variance for paragraph 61C-1.004(2)(a), Florida Administrative Code, subsection 61C-4.010(7) Florida Administrative Code and subsection 61C-4.010(6), Florida Administrative Code, and Section 6-40.11. 2017 FDA Food Code from KW Jax Beach Owner LLC located in Jacksonville Beach. The above referenced F.A.C. addresses the requirement that at least one accessible bathroom be provided for use by customers and employees. They are requesting to utilize bathrooms located on a different level.

The Petition for this variance was published in Vol. 49/203 on October 18, 2023. The Order for this Petition was signed and approved on October 30, 2023 (VW 2023-122). The Corrected Order for this Petition was signed and approved on November 3, 2023. 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 public bathrooms located on the second floor level are maintained in a clean and sanitary manner and are provided with hot and cold running water under pressure, soap, approved hand drying devices, handwash sign and are available during all hours of operation. The Petitioner shall also ensure that directional signage is installed in the main restaurant area clearly stating the location of the bathrooms.

A copy of the Order or additional information may be obtained by contacting:

[e-mail], Division of Hotels and Restaurants, 2601 Blair Stone Road, Tallahassee, Florida 32399-1011.