Florida Statute § 509.102 forbids Palm Coast from prohibiting food trucks 'within the entirety of the entity's jurisdiction,' which preempts citywide bans and proximity buffers from brick-and-mortar restaurants. Palm Coast's new food-truck ordinance (adopted 1st reading January 20, 2026) establishes two location categories: principal use (dedicated food-truck park, full site plan, 20,000 sq ft lot minimum, 6:00 a.m.–2:00 a.m. hours) and accessory use (on existing commercial lots with owner permission, must vacate nightly, hours set by lease). City sound, fire, lighting, and discharge rules apply uniformly. Food trucks operating in city parks or rights-of-way require event or ROW permits.
Florida HB 1193 (2020), codified at Florida Statute § 509.102, limits Palm Coast's ability to restrict food-truck locations. The statute provides that 'a municipality... may not prohibit mobile food dispensing vehicles or temporary commercial kitchens from operating within the entirety of the entity's jurisdiction.' Under this preemption, the city cannot enact: a citywide ban, district-wide bans that effectively exclude food trucks from districts where comparable food businesses are allowed, proximity buffers from brick-and-mortar restaurants (e.g., '500 feet from any restaurant'), or duration / operating-hours rules targeted specifically at food trucks rather than applied generally. Palm Coast historically restricted food trucks to the once-a-month Food Truck Tuesday at Town Center (since 2013) and to special events, which sat in tension with FS § 509.102. The new food-truck ordinance adopted on first reading January 20, 2026 (second reading February 3, 2026) establishes two operating categories: (1) Principal use — a parcel devoted primarily to food-truck operations (i.e., a dedicated food-truck park), minimum 20,000 sq ft lot, requires full site-plan approval with permanent restrooms, parking, and shared seating, 500 sq ft per truck minimum, 10 ft truck spacing, 2 permanent parking spaces per truck plus 1 space per 75 sq ft of dining area, 10–30 seats per truck, hours 6:00 a.m.–2:00 a.m. (closed 2:00–6:00 a.m.); (2) Accessory use — food trucks operating on previously developed commercial sites (Walmart lots, Home Depot lots, restaurant property) with the property owner's permission, same 20,000 sq ft lot minimum, no additional parking / restroom / seating requirements, trucks must be removed nightly (except restaurant-associated operations), operating hours determined by lease agreement between property owner and vendor. City sound ordinances, fire safety, noise, lighting, and discharge regulations apply equally. Food trucks operating on city street, sidewalk, or other public right-of-way require a Right-of-Way Use Permit; operations in city parks require Parks Department authorization or a special-event permit. Violations of generally applicable rules (fire code, ROW, parking, noise) are enforced through Code Enforcement (386-986-3764) and the Special Magistrate under FS 162.09 with fines up to $250/day for a first violation and $500/day for repeats.
Operating on city ROW or in parks without authorization: ROW / park citation. Fire / propane / discharge violations: cited under generally applicable code. Special Magistrate fines up to $250/day first, $500/day repeat (FS 162.09). City cannot fine for absence of a food-truck permit or for proximity to a restaurant.
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