On November 13, 2013 the Division of Hotels and Restaurants received a Petition for an Emergency Variance for Subparagraph 61C-1.004(1)(a), Florida Administrative Code, Section 5-203.13, 2009 FDA Food Code, Paragraph 4-301.12(A), 2009 FDA Food Code, ...  

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    DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

    Division of Hotels and Restaurants

    RULE NO.:RULE TITLE:

    61C-1.004General Sanitation and Safety Requirements

    The Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants hereby gives notice: on November 13, 2013, the Division of Hotels and Restaurants received a Petition for an Emergency Variance for paragraph 61C-1.004(1)(a), Florida Administrative Code, Section 5-203.13, 2009 FDA Food Code, Paragraph 4-301.12(A), 2009 FDA Food Code, subsection 61C-4.010(5), Florida Administrative Code, paragraph 61C-1.004(2)(a), Florida Administrative Code, subsection 61C-4.010(7), Florida Administrative Code, subsection 61C-4.010(6), Florida Administrative Code, and Section 6-402.11, 2009 FDA Food Code from CSB Coffee Shop located in Port St. Joe. The above referenced F.A.C. addresses the requirement that at least one service sink is provided for the cleaning of mops or similar cleaning tools and the disposal of mop water; that dishwashing facilities for manually washing, rinsing and sanitizing equipment and utensils are provided and that at least one accessible bathroom be provided for use by customers and employees. They are requesting to utilize the mopsink, dishwashing and bathroom facilities located within an adjacent establishment under a different ownership for use by customers and employees.

    The Petition for this variance was published in Vol. 39, No. 224 of the Florida Administrative Register on November 18, 2013. The Order for this Petition was signed and approved on November 25, 2013. 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 that the mop sink, dishwashing and bathroom facilities within Cape Tradin Post (DACS firm #1435732) are maintained in a clean and sanitary manner, all sinks are provided with hot and cold running water under pressure and are available during all hours of operation. The Petitioner shall also ensure that all the handwash sinks used by employees are provided with a handwash sign, soap and approved hand drying devices. 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 Cape Tradin Post changes (Todd Godwin), an updated, signed agreement for use of the facilities is required immediately.

    A copy of the Order or additional information may be obtained by contacting Lydia.Gonzalez@myfloridalicense.com, Division of Hotels and Restaurants, 1940 North Monroe Street, Tallahassee, Florida 32399-1011.

Document Information

Contact:
Lydia.Gonzalez@myfloridalicense.com Division of Hotels and Restaurants 1940 North Monroe Street Tallahassee, Florida 32399-1011
Related Rules: (1)
61C-1.004. General Sanitation and Safety Requirements