Fort Myers, FL Food Trucks & Mobile Vendors: Food Truck Permits (2026)

Florida HB 1193 (2020), codified at Florida Statute § 509.102, preempts the regulation of mobile food dispensing vehicles (MFDVs / food trucks) and temporary commercial kitchens to the state. The statute's exact preemption language: 'Regulation of mobile food dispensing vehicles, and temporary commercial kitchens, involving licenses, registrations, permits, and fees is preempted to the state.' A municipality 'may not require a separate license, registration, or permit other than the license required under s. 509.241' or 'impose a fee on the operation of a mobile food dispensing vehicle other than the fees imposed by the state under s. 509.241,' and 'may not prohibit mobile food dispensing vehicles or temporary commercial kitchens from operating within the entirety of the entity's jurisdiction.' What Fort Myers can require: (1) a Local Business Tax Receipt (BTR) — a generally applicable business tax not specific to food trucks, issued by the City Clerk's office; (2) compliance with city fire-safety rules for propane and cooking equipment (Fort Myers Fire Department inspection); (3) zoning compliance for use of private property as the vending site (Land Development Code); (4) special-event permits and right-of-way use permits where the truck operates on public property or in a city park (e.g., River District events). What the operator must obtain at the state level: (1) Florida Department of Business and Professional Regulation (DBPR) Division of Hotels and Restaurants Mobile Food Dispensing Vehicle license under FS § 509.241 (potentially hazardous foods) or Florida Department of Agriculture and Consumer Services (FDACS) license (prepackaged / non-potentially hazardous foods); (2) Florida sales-and-use-tax certificate (DR-1) from the Department of Revenue; (3) commissary affiliation under Chapter 61C-4, F.A.C., as base of operations. Operating without the state license is a violation of FS Chapter 509; violations of Fort Myers fire / safety / zoning rules are enforced by Code Enforcement (239-321-7940) and the Special Magistrate (FS 162.09: up to $250/day first violation, $500/day repeat).