Florida Statewide Rule
Florida Preempts Local Food Truck Licensing Rules
Key Facts
- Statute
- F.S. 509.102
- Effective
- July 1 2020
- State licensor
- DBPR Hotels and Restaurants
- Local fees
- Preempted
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?
Can cities still regulate where food trucks park?
Sources
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