Florida food truck license and what cities may and may not require

In Florida, a food truck is licensed by the state as a mobile food dispensing vehicle, and section 509.102 of the Florida Statutes says licensing, registration, permits and fees for these vehicles are preempted to the state. A city or county cannot require a separate license or permit beyond the state one, cannot charge a separate fee and cannot ban food trucks across its whole jurisdiction. It can still regulate how and where they operate.

What license does a food truck need?

The Division of Hotels and Restaurants lists the mobile food dispensing vehicle license as covering a food truck or hot dog cart where food is prepared or served. You apply through the Division's online system using the mobile food guide. The statute defines a mobile food dispensing vehicle as a public food service establishment that can move under its own power or be towed and has self-contained utilities such as gas, water, electricity or liquid waste disposal.

What can a city not require?

Under section 509.102, a local government cannot require a separate license, registration or permit beyond the state one, or charge a fee beyond the state fee, as a condition to operate. It also cannot prohibit these operations across its entire jurisdiction. That is a powerful protection for a truck owner who works across several towns, and it means a county that tries to charge its own mobile food license fee is outside the statute.

What can a city still regulate?

The statute does not limit local power to regulate how these vehicles operate, apart from the licensing, permit and fee matters. In practice, cities still set rules about:

• Where a truck may park or vend, such as zoning, distance from restaurants or time limits on a street.
• Fire safety, which is typically inspected locally.
• Noise, trash, signage and generators.
• Business tax receipts or other general business taxes that apply to every business.

Read the local code for each town you serve. The state license does not override a rule about where you may stand.

What if you run a truck beside a restaurant?

A vehicle operating on the same premises as, and run by, a separately licensed food establishment may keep the same hours as that establishment. A restaurant that adds a truck to its parking lot can keep its opening hours rather than a shorter hours limit that a city might apply to trucks.

What is a temporary commercial kitchen?

The statute defines a temporary commercial kitchen as a public food service establishment that prepares takeout or delivery-only meals in portable structures that are towed, self-propelled or axle-mounted, with self-contained utilities. Tents are excluded. A restaurant may use one on its premises for 60 consecutive days, with one extension of up to 60 more days from the Division, and for 120 consecutive days during renovation or rebuilding, on the premises or within line of sight and no more than 1,320 feet away. After a declared natural disaster that makes the permanent restaurant uninhabitable, the kitchen may operate on or near the site during repairs, with notice to the Division renewed every 90 days. Other uses are limited to 30 consecutive days in one location, with notice to the Division within 48 hours.

Who is exempt?

The section does not apply to port authorities, aviation authorities, airports or seaports. A truck serving an airport or seaport deals with the authority directly.

How do you start?

1. Apply for the Division's mobile food dispensing vehicle license.
2. Get the vehicle ready for inspection, with self-contained utilities.
3. Ask each city you plan to work in about parking, zoning and fire rules.
4. Check what each town charges as a general business tax.
5. Keep the license and training certificates in the truck.

Food handler training and manager certification apply to a truck as they do to a restaurant, so see the guide on training.

What does a first season look like?

Do the state license and inspection first, then the local rules for each town you want to work in, then find steady spots. Build a one-page sheet for each town: where you may park, the hours, the fire rules and who to call. Keep it in the truck. When an officer asks about a rule you cannot cite, a sheet with the code section and the date you checked it is your best answer.

What costs do you plan for?

Besides the state license, budget for the vehicle build, a commissary or prep kitchen if your menu needs one, insurance, fire equipment inspections, generator fuel, point of sale fees and any general business tax a town charges every business. Add sales tax: a truck registers with the Department of Revenue like any other seller, collects the state rate and the surtax of the county where each sale happens, and files on time. A truck that sells at a festival in another county needs the rate for that county on the day, so keep the table for the counties you work in.

More guides for your business:

• Florida food handler training and food manager certification
• Florida restaurant inspections and the food service license
• How to register and file Florida sales tax for a restaurant

More in the US guides for food businesses.