To clarify existing rule exemptions.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Division of Hotels and Restaurants

RULE NO.:RULE TITLE:

61C-1.004General Sanitation and Safety Requirements

PURPOSE AND EFFECT: To clarify existing rule exemptions.

SUMMARY: The proposed rulemaking amends Rule 61C-1.004, F.A.C., to clarify license classifications exempt from providing public bathroom facilities.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: the economic review conducted by the agency.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 509.032, F.S.

LAW IMPLEMENTED: 509.032, 509.102, 509.215, 509.221, F.S.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Michelle Keith; Division of Hotels and Restaurants, Department of Business and Professional Regulation, 2601 Blair Stone Rd., Tallahassee, FL 32399-1011; [e-mail]; [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61C-1.004 General Sanitation and Safety Requirements.

(1) No Change.

(2) Bathrooms.

(a) Each public lodging establishment and public food service establishment shall provide at least one conveniently located bathroom facility for its employees and guests in accordance with provisions of these rules and as approved by the local building authority having jurisdiction. Public access to bathroom facilities shall not be permitted through food preparation, storage, or warewashing areas. Bathroom fixtures shall be of readily cleanable sanitary design. Bathroom facilities shall be kept clean, in good repair and free from objectionable odors. Bathrooms shall provide at least 20 foot candles of light. The walls, ceilings and floors of all bathroom facilities shall be kept in good condition.

(b) Bathrooms shall be completely enclosed and shall have tight-fitting, self-closing doors, except bathrooms located in public lodging establishments or located outside a public food service establishment, may have entrances and exits constructed in such a manner as to ensure privacy of occupants. Bathroom doors shall not be left open except during cleaning or maintenance.

(c) Handwashing signs shall be posted in each bathroom used by employees.

(d) For the purposes of this section, the term toilet shall mean a flush toilet properly plumbed, connected and discharging to an approved sewage disposal system. In a bathroom where more than one toilet is provided, each toilet shall be separated by a partition from adjoining fixtures and a door shall be provided which will partially conceal the occupant from outside view.

(e) Nontransient public lodging establishments, vacation rentals, and timeshare projects, mobile food dispensing vehicles, temporary commercial kitchens, theme park food carts, vending machines, and public food service establishments or food vendors participating in temporary food service events are exempt from the provisions of this subsection.

(3) through (10) No Change.

Rulemaking Authority 509.032 FS. Law Implemented 509.032, 509.102, 509.215, 509.221 FS. History–Amended 2-20-64, 7-14-67, 2-8-69, 2-4-71, 2-17-73, Repromulgated 12-18-74, Amended 9-19-84, Formerly 7C-1.04, Amended 12-31-90, 2-11-92, 2-27-92, 6-15-92, Formerly 7C-1.004, Amended 3-31-94, 10-9-95, 9-25-96, 5-11-98, 7-2-98, 2-24-08, 8-12-08, 4-18-12, 11-20-14,______.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Steven von Bodungen, Director, Division of Hotels and Restaurants, Department of Business and Professional Regulation.

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Melanie S. Griffin, Secretary, Department of Business and Professional Regulation.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: 7/28/2023

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 7/6/2023