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. Hernando County (which governs unincorporated Spring Hill) cannot require a separate food-truck permit or impose a fee beyond the state license. Hernando County also does NOT require a Local Business Tax Receipt (the County repealed its Occupational License / BTR Ordinance effective August 1, 2007), so unlike many Florida jurisdictions there is no County license to obtain. Operators need a state DBPR Mobile Food Dispensing Vehicle license under FS § 509.241 (or FDACS license for prepackaged-only), a Florida sales-tax registration, and zoning compliance for the operating site.
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 or county '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.' For unincorporated Spring Hill, Hernando County is the regulator and is bound by this preemption — the County cannot create a food-truck-specific permit or fee. Notably, Hernando County also does NOT require a Local Business Tax Receipt: the Hernando County Board of County Commissioners repealed the Occupational (Business Tax Receipt) Ordinance effective August 1, 2007, so unlike many Florida counties there is no County business license to obtain. What the operator must obtain at the state level: (1) Florida DBPR Mobile Food Dispensing Vehicle license under FS § 509.241 (or FDACS license under FS Chapter 500 for prepackaged-only operators); (2) Florida sales-and-use-tax certificate (DR-1) from the Department of Revenue; (3) commissary affiliation under FAC 61C-4. What Hernando County may still require, generally and uniformly applied: (1) compliance with fire-safety rules for propane storage and cooking equipment (Florida Fire Prevention Code); (2) zoning compliance for the operating site under Appendix A (Zoning) — food trucks must operate in zoning districts that permit retail food sales; (3) right-of-way use permits where the truck operates on County rights-of-way; (4) special-event permits where a truck operates at a sanctioned event on County property. The City of Brooksville (the only incorporated city in Hernando County) has its own rules; Spring Hill follows Hernando County. Violations of generally applicable fire / safety / zoning / ROW rules are enforced by Hernando County Code Enforcement (352-754-4056, option 5) and adjudicated by the Hernando County Special Magistrate under Chapter 10 and FS Chapter 162; fines up to $250/day first violation, $500/day repeat under FS 162.09. State enforcement under FS Chapter 509 is by DBPR or FDACS.
Hernando County cannot fine for absence of a food-truck permit (preempted by FS 509.102). Hernando County can cite for fire/safety/zoning/ROW violations through Code Enforcement (352-754-4056, option 5): 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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