On February 9, 2012, 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, 2001 FDA Food Code, Paragraph 5-202.11(A), 2001 FDA Food Code, ...

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Division of Hotels and Restaurants

RULE NO.: RULE TITLE:
61C-4.010: Sanitation and Safety Requirements

The Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants hereby gives notice:
On February 9, 2012, 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, 2001 FDA Food Code, Paragraph 5-202.11(A), 2001 FDA Food Code, paragraph 61C-1.004(2)(a), subsections 61C-4.010(6), (7), Florida Administrative Code and Section 6-402.11, 2001 FDA Food Code from Siesta Key Beach Pavilion, Sarasota, FL. 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 each establishment have an approved plumbing system installed to transport potable water and wastewater, and that at least one accessible bathroom be provided for use by customers and employees. They are requesting to utilize a mopsink located within another licensed establishment under the same ownership, utilize holding tanks to provide potable water and to collect wastewater, and utilize public bathrooms located on the same premises.
The Petition for this variance was published in Vol. 38, No. 8 on February 24, 2012. The Order for this Petition was signed on March 2, 2012 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 mop sink located within Siesta Key Beach Concession (NOST6800023) is maintained in a clean and sanitary manner and is provided with hot and cold running water under pressure and is available during all hours of operation. The Petitioner shall also ensure the wastewater holding tanks for the 3-compartment and handwash sinks are emptied at a frequency as to not create a sanitary nuisance; and potable water provided must come from an approved source and be protected from contamination during handling. The Petitioner shall also ensure directional signage is installed in the establishment clearly stating the location of the public bathrooms. If the owner of Siesta Key Beach Concession or bathroom situation changes, a signed agreement for use of the mop sink and bathroom is required immediately.
A copy of the Order or additional information may be obtained by contacting:
[e-mail], Division of Hotels and Restaurants, 1940 North Monroe Street, Tallahassee, Florida 32399-1011.