Florida Preempts Local Food Truck Licensing Rules

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.

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.