The department received a Petition for an EMERGENCY Variance for Section 509.221(1)(b), Florida Statutes; paragraph 61C-1.004(2)(a) and subsections 61C-4.010(6), 61C-4.010(7), Florida Administrative Code; and Section 6-402.11, 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

NOTICE IS HEREBY GIVEN that on April 14, 2009, the Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants has issued an order.
The department received a Petition for an EMERGENCY Variance for Section 509.221(1)(b), Florida Statutes; paragraph 61C-1.004(2)(a) and subsections 61C-4.010(6), 61C-4.010(7), Florida Administrative Code; and Section 6-402.11, 2001 FDA Food Code, from The Pup Tent located in Lauderhill. The above referenced F.A.C. addresses the need for the establishment to provide a bathroom for use by customers and employees installed with a hand wash sink provided with hot and cold running water. They are requesting to share a properly equipped bathroom located within a nearby establishment.
Notice of this petition was filed and published in Vol. 35, No. 14, April 10, 2009 of the Florida Administrative Weekly. The variance was approved on April 14, 2009, contingent upon the Petitioner ensuring the bathrooms located within Subway #728 are maintained in a clean and sanitary manner and are provided with hot and cold running water under pressure, soap, approved hand drying devices, and available during all hours of operation. 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 Subway #728 changes, an updated signed agreement for use of the bathroom facilities is required. Any violation of the variance is the equivalent of a violation of the Rule and may result in a rescission of the variance and subject the Petitioner to disciplinary sanctions as enumerated in Section 509.261, Florida Statutes.
A copy of the Order may be obtained by contacting: [e-mail], Division of Hotels and Restaurants, 1940 North Monroe Street, Tallahassee, Florida 32399-1011.