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Florida Statewide Rule

Florida Preempts Local Food Truck Licensing Rules

Some RestrictionsApplies statewide across Florida (2026)

Key Facts

Statute
F.S. 509.102
Effective
July 1 2020
State licensor
DBPR Hotels and Restaurants
Local fees
Preempted
Last verified: August 20, 2026Source: Florida Senate

Summary

Since 2020, Florida statute 509.102 preempts municipal and county licensing, registration, and permitting of mobile food dispensing vehicles. Operators need only state DBPR licenses to operate statewide.

F.S. 509.102 509.102 Mobile food dispensing vehicles; temporary commercial kitchens; preemption. — (1)(a) As used in this section, the term “mobile food dispensing vehicle” means any vehicle that is a public food service establishment and that is self-propelled or otherwise movable from place to place and includes self-contained utilities, including, but not limited to, gas, water, electricity, or liquid waste disposal. (b) As used in this section, the term “temporary commercial kitchen” means any kitchen that is a public food service establishment used for the preparation of takeout or delivery-only meals housed in portable structures that are movable from place to place by a tow or are self-propelled or otherwise axle-mounted, that include self-contained utilities, including, but not limited to, gas, water, electricity, or liquid waste disposal. Such kitchens are subject to all provisions of this chapter except as may be provided herein. The term does not include a tent. (2)(a) Regulation of mobile food dispensing vehicles, and temporary commercial kitchens, involving licenses, registrations, permits, and fees is preempted to the state. A municipality, county, or other local governmental entity may not require a separate license, registration, or permit other than the license required under s. 509.241 , or require the payment of any license, registration, or permit fee other than the fee required under s.

Full Breakdown

Section 509.102, Florida Statutes, enacted by HB 1193 (2020), expressly preempts regulation of mobile food dispensing vehicle licenses, registrations, and permits to the state. The Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants, licenses and inspects food trucks statewide. Local governments cannot require additional business taxes, registrations, or operating permits specific to food trucks. Cities may still apply generally applicable zoning, health, parking, and noise rules that are not duplicative of state licensing.

Violations & Penalties

A city enforcing a duplicative food truck license risks injunctive relief and damages. Operators denied operation under preempted rules may pursue declaratory judgment and recover attorney fees in some cases.

Frequently Asked Questions

Can a Florida city require its own food truck permit?
No. F.S. 509.102 preempts local food truck licensing, registration, and permitting. The state DBPR mobile food dispensing vehicle license is sufficient.
Can cities still regulate where food trucks park?
Yes. Generally applicable zoning, parking time limits, and right-of-way rules remain valid as long as they are not specific to food trucks or duplicative of state licensing.

Sources

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