Florida Statute § 509.102 (enacted as HB 1193 in 2020) preempts local regulation of mobile food dispensing vehicle licenses, registrations, permits, and fees to the state. Palm Coast cannot require a separate food-truck permit or charge a separate fee beyond the state license under FS § 509.241. Operators need a state DBPR Mobile Food Dispensing Vehicle license, a Florida sales-tax registration, and a Palm Coast Local Business Tax Receipt (BTR). The city's new food-truck ordinance (adopted January 20, 2026, second reading February 3, 2026) establishes 'principal use' and 'accessory use' categories that govern site requirements, not the truck license itself.
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.' Palm Coast historically restricted food trucks to a once-a-month Food Truck Tuesday at Town Center (since 2013) and to special events, which sat in tension with FS § 509.102. On January 20, 2026, the Palm Coast City Council unanimously approved (5-0) the first reading of a new food-truck ordinance, with the second and final reading scheduled for February 3, 2026, that establishes two operating categories: (1) Principal use — a parcel devoted primarily to food-truck operations (food-truck park), minimum lot size 20,000 sq ft, 500 sq ft minimum per truck, 10 ft spacing between trucks, two permanent parking spaces per truck plus one space per 75 sq ft of dining area, 10–30 seats per truck, permanent seating / restrooms / garbage disposal required, operating hours 6:00 a.m.–2:00 a.m., full site plan approval; (2) Accessory use — food trucks operating on existing commercial sites (e.g., Walmart, Home Depot lots) with the property owner's permission, same 20,000 sq ft lot minimum, no separate parking / restroom / seating requirements, must be removed nightly (except restaurant-associated operations), operating hours set by lease between property owner and vendor. What Palm Coast can require regardless of the new ordinance: (1) a Local Business Tax Receipt from the City Clerk; (2) compliance with city fire-safety rules for propane and cooking equipment; (3) zoning compliance for the vending site; (4) right-of-way use permits where the truck operates on public property. What the operator must obtain at the state level: (1) Florida DBPR Mobile Food Dispensing Vehicle license under FS § 509.241 or FDACS license for prepackaged-only; (2) Florida sales-and-use-tax certificate (DR-1); (3) commissary affiliation under FAC 61C-4. The city cannot require a separate food-truck permit or fee under FS § 509.102. Violations of generally applicable fire/safety/zoning/BTR rules are enforced by Code Enforcement (386-986-3764) and adjudicated by the Special Magistrate (FS 162.09: up to $250/day first violation, $500/day repeat).
City cannot fine for absence of a city food-truck permit (preempted by FS 509.102). Palm Coast can cite for fire/safety/zoning/BTR violations through Code Enforcement: Special Magistrate fines up to $250/day first, $500/day repeat (FS 162.09). State enforcement under FS Chapter 509 (DBPR or FDACS).
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