CS/HB 415 2023
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to temporary commercial kitchens; 2
amending s. 509.101, F.S.; requiring operators of 3
public food service establishments who provide 4
commissary services to maintain a temporary commercial 5
kitchen registry; requiring temporary commercial 6
kitchen operators to display license numbers; amending 7
s. 509.102, F.S.; defining the term "temporary 8
commercial kitchen"; preempting regulation of 9
temporary commercial kitchens to the state; providing 10
an effective date. 11
12
Be It Enacted by the Legislature of the State of Florida: 13
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Section 1. Subsection (3) of section 509.101, Florida 15
Statutes, is amended to read: 16
509.101 Establishment rules; post ing of notice; food 17
service inspection report; maintenance of guest register; mobile 18
food dispensing vehicle registry. — 19
(3) It is the duty of each operator of a public food 20
service establishment that provides commissary services to 21
maintain a daily regis try verifying that each mobile food 22
dispensing vehicle or temporary commercial kitchen that receives 23
such services is properly licensed by the division. In order 24
that such licensure may be readily verified, each mobile food 25
CS/HB 415 2023
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
dispensing vehicle operator or temporary commercial kitchen 26
operator shall permanently affix in a prominent place on the 27
side of the vehicle or kitchen, in figures at least 2 inches 28
high and in contrasting colors from the background, the 29
operator's public food service establishment licen se number. 30
Prior to providing commissary services, each public food service 31
establishment must verify that the license number displayed on 32
the vehicle or kitchen matches the number on the vehicle or 33
kitchen operator's public food service establishment lice nse. 34
Section 2. Subsections (1), (2), and (3) of section 35
509.102, Florida Statutes, are amended to read: 36
509.102 Mobile food dispensing vehicles; temporary 37
commercial kitchens; preemption.— 38
(1)(a) As used in this section, the term "mobile food 39
dispensing vehicle" means any vehicle that is a public food 40
service establishment and that is self -propelled or otherwise 41
movable from place to place and includes self -contained 42
utilities, including, but not limited to, gas, water, 43
electricity, or liquid waste disposal. 44
(b) As used in this section, the term "temporary 45
commercial kitchen" means any kitchen that is a public food 46
service establishment, used for the preparation of takeout or 47
delivery-only meals housed in portable structures that are 48
movable from place to place by a tow or are self -propelled or 49
otherwise axle mounted, that include self -contained utilities, 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
including, but not limited to, gas, water, electricity, or 51
liquid waste disposal. Such kitchens are subject to all 52
provisions of this chapter ex cept as may be provided herein. The 53
term does not include a tent. 54
(2)(a) Regulation of mobile food dispensing vehicles , and 55
temporary commercial kitchens, involving licenses, 56
registrations, permits, and fees is preempted to the state. A 57
municipality, county, or other local governmental entity may not 58
require a separate license, registration, or permit other than 59
the license required under s. 509.241, or require the payment of 60
any license, registration, or permit fee other than the fee 61
required under s. 50 9.251, as a condition for the operation of a 62
mobile food dispensing vehicle or temporary commercial kitchen 63
within the entity's jurisdiction. A municipality, county, or 64
other local governmental entity may not prohibit mobile food 65
dispensing vehicles or temporary commercial kitchens from 66
operating within the entirety of the entity's jurisdiction. 67
(b) Any mobile food dispensing vehicle or temporary 68
commercial kitchen that is operated on the same premises as and 69
by a separately licensed public food service e stablishment may 70
operate during the same hours of operation as the separately 71
licensed public food service establishment that operates such 72
mobile food dispensing vehicle or temporary commercial kitchen. 73
(3) This section may not be construed to affect a 74
municipality, county, or other local governmental entity's 75
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
authority to regulate the operation of mobile food dispensing 76
vehicles or temporary commercial kitchens other than the 77
regulations described in subsection (2). 78
Section 3. This act shall take ef fect July 1, 2023. 79