a Routine Variance for subsection 61C-4.010(7), Florida Administrative Code, from Days Inn & Suites University located in Orlando. The above referenced F.A.C. states each public food service establishment shall maintain a minimum of one public ...

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Division of Hotels and Restaurants

NOTICE IS HEREBY GIVEN that on October 20, 2006, the Division of Hotels and Restaurants received a Petition for a Routine Variance for subsection 61C-4.010(7), Florida Administrative Code, from Days Inn & Suites University located in Orlando. The above referenced F.A.C. states each public food service establishment shall maintain a minimum of one public bathroom for each sex, properly designated. The Petitioner is requesting to use the one existing bathroom facility and a neighboring establishment, but have seating of twenty-four (24).

Subsection 28-104.005(1), Florida Administrative Code, provides as follows: The agency shall grant or deny a petition for emergency variance or waiver within 30 days of its receipt by the agency. If such petition is not granted or denied within this time limit, the petition shall be deemed approved unless the time limit is waived by the petitioner. The above-quoted rule places the burden upon the Division to act upon the Petitioner’s request within 30 days of receipt. The Division, having not met the 30-day requirement of this Rule, has therefore no option other than approve this request. WHEREFORE, and for the foregoing reasons and with the aforesaid restrictions, the Petitioner’s Petition for Variance is deemed GRANTED.