This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0415.RRS
DATE: 2/20/2023
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 415 Temporary Commercial Kitchens
SPONSOR(S): Porras
TIED BILLS: IDEN./SIM. BILLS: SB 752
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Regulatory Reform & Economic Development
Subcommittee
Thompson Anstead
2) State Administration & Technology
Appropriations Subcommittee
3) Commerce Committee
SUMMARY ANALYSIS
The Division of Hotels and Restaurants (Division) within the Department of Business and Professional
Regulation (DBPR) is charged with enforcing the applicable laws relating to the inspection and regulation of
public food service establishments for the purpose of protecting the public health, safety, and welfare. Food
trucks are regulated by DBPR as a “mobile food dispensing vehicle,”(MFDV). To obtain a license as an MFDV,
an applicant must complete a kitchen plan review for sanitation and safety concerns, apply for a license and
pay the license fee, and schedule and pass an initial licensing inspection. Once licensed, Division personnel
inspect MFDVs as often as necessary for the protection of the public’s health, safety, and welfare.
Ghost kitchens are shared temporary commercial kitchens optimized for use by food delivery services such as
Grubhub or DoorDash. Ghost kitchens include physical spaces for operators to create food for off-premises
consumption, and can have a central, commissary-style set-up with multiple restaurants or brands working out
of the same physical space. Ghost kitchens became popular in 2020 during the COVID-19 pandemic, when
food delivery and take-out options were being widely utilized. Recently, due to operational and permitting
issues, a few major restaurant chains and ghost kitchen provider platforms have reduced their investments in
temporary commercial kitchens.
The bill defines the term "temporary commercial kitchen" as a food preparation and cooking facility set up 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 axel mounted. The term does not include a tent or shed. The
bill requires the Division to establish rules for the operation of temporary commercial kitchens, which must
require temporary commercial kitchens to:
Be climate-controlled.
Maintain a humidity factor of less than 60 percent in the space of the unit.
Have a total gross weight not exceeding 5,000 pounds.
Maintain Americans with Disability Act (ADA) compliant entrances and access windows.
Maintain a sink in compliance with DBPR standards.
Maintain either internal or external fresh water supply and gray water disposal.
Maintain electrical, plumbing, and mechanical specifications that meet agency or industry standards.
Maintain a wind rating greater than 70 mph.
The bill does not appear to have a fiscal impact on state or local government.
The effective date of the bill is July 1, 2023.
FULL ANALYSIS STORAGE NAME: h0415.RRS PAGE: 2
DATE: 2/20/2023
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Current Situation
Department of Business and Professional Regulation, Division of Hotels and Restaurants
The Division of Hotels and Restaurants (Division) within the Department of Business and Professional
Regulation (DBPR) is charged with enforcing the applicable laws relating to the inspection and
regulation of public food service establishments for the purpose of protecting the public health, safety,
and welfare.
1
A “public food service establishment” is defined as:
2
…any building, vehicle, place, or structure, or any room or division in a building,
vehicle, place, or structure where food is prepared, served, or sold for immediate
consumption on or in the vicinity of the premises; called for or taken out by
customers; or prepared prior to being delivered to another location for
consumption.
There are several exclusions from the definition of public food service establishment, including:
3
Any place maintained and operated by a public or private school, college, or university for the
use of students and faculty or temporarily to serve events such as fairs, carnivals, and athletic
contests;
Any eating place maintained and operated by a church or a religious, nonprofit fraternal, or
nonprofit civic organization for the use of members and associates or temporarily to serve
events such as fairs, carnivals, or athletic contests;
Any eating place located on an airplane, train, bus, or watercraft which is a common carrier;
Any eating place maintained by a facility certified or licensed and regulated by the Agency for
Health Care Administration or the Department of Children and Families;
Any place of business issued a permit or inspected by the Department of Agriculture and
Consumer Services under s. 500.12, F.S.;
Any vending machine that dispenses any food or beverage other than potentially hazardous
food;
Any place of business serving only ice, beverages, popcorn, and prepackaged items; and
Any research and development test kitchen limited to use by employees and not open to the
general public.
Food Trucks
4
are regulated by DBPR as a “mobile food dispensing vehicle,”(MFDV),
5
and defined as:
6
…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.
To obtain a license as an MFDV, an applicant must:
7
1
S. 509.032, F.S.
2
S. 509.013(5)(a), F.S.
3
S. 509.013(5)(b), F.S.
4
Generally, a food truck is a large wheeled vehicle from which food is sold that typically contains cooking facilities where the food is
prepared. Merriam-Webster Dictionary, Food Truck, https://www.merriam-webster.com/dictionary/food%20truck (last visited Feb.
15, 2023).
5
S. 509.101, F.S.
6
S. 509.032, F.S.; R. 61C-1.002, F.A.C.
7
Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants – Guide to Mobile Food
Dispensing Vehicles, http://www.myfloridalicense.com/DBPR/hotels-restaurants/licensing/mfdv-guide/ (last visited Feb. 15, 2023). STORAGE NAME: h0415.RRS PAGE: 3
DATE: 2/20/2023
Complete a kitchen plan review for sanitation and safety concerns (if required);
8
o No plan review is required if an operator:
buys a vehicle already licensed by the Division and no changes are made
o A plan review is required if an operator:
constructs or uses a vehicle that has never been licensed by the Division;
uses a vehicle that has been closed for more than one year; or
uses a vehicle that has been remodeled;
o Plan review requires:
a plan of the vehicle with equipment labeled;
a sample menu;
a side photograph of the vehicle showing the wheels and open service window;
and
the water/sewer or commissary location;
Apply for a license and pay the license fee;
9
o A $50 application fee is paid in addition to license fees ($347 annual and $178.50 half
year fee) when making an application for a new or change of ownership license; and
Schedule and pass the licensing inspection;
10
o All new licensees are required to pass a sanitation and safety inspection prior to
opening.
Once licensed, Division personnel have the right to inspect MFDVs as often as necessary for
enforcement of the provisions of law and rule, and for the protection of the public’s health, safety, and
welfare.
11
The Division is required, upon proper finding, to immediately issue an order to close a licensed public
food service establishment in the instance of a severe and immediate public health or safety or welfare
threat.
12
Local Regulation
The regulation of public food service establishments is preempted to the state. This does not preempt
the authority of a local government or local enforcement district to conduct inspections for compliance
with the Florida Building Code and the Florida Fire Prevention Code.
13
The regulation of MFDVs involving licenses, registrations, permits, and fees is preempted to the state.
A municipality, county, or other local government entity is prohibited from:
14
Requiring a separate license, registration, or permit beyond those established by DBPR as a
condition for the MFDV’s operation within the jurisdiction;
Requiring a separate fee beyond those established by DBPR as a condition for the MFDV's
operation within the jurisdiction; or
Prohibiting MFDVs from operating within the entirety of the entity’s jurisdiction.
The preemption does not apply to any port authority, aviation authority, airport, or seaport.
15
Sanitation Rules
8
R. 61C-1.002(5)(c), F.A.C.
9
R. 61C-1.008(4), F.A.C.
10
R.61C-1.008(3), F.A.C.
11
S. 509.032(2)(b), F.S.
12
S. 509.035, F.S.
13
S. 509.032(7), F.S.
14
S. 509.102, F.S.
15
Id. STORAGE NAME: h0415.RRS PAGE: 4
DATE: 2/20/2023
The Division is required to adopt and enforce sanitation rules to ensure the protection of the public from
food-borne illness in those establishments it licenses. These rules must provide the standards and
requirements for obtaining, storing, preparing, processing, serving, or displaying food in public food
service establishments, approving public food service establishment facility plans, conducting
inspections for compliance with sanitation regulations, cooperating and coordinating with the
Department of Health in epidemiological investigations, and initiating enforcement actions, and for other
such responsibilities deemed necessary by the Division.
16
Effective November 1, 2019, the Division has adopted the 2017 Food and Drug Administration (FDA)
Food Code (Food Code), which establishes practical, science-based guidance and enforceable
provisions for reducing risk factors known to cause or contribute to foodborne illness.
17
The Food Code is a model for safeguarding public health and ensuring food is unadulterated and
honestly presented when offered to the consumer. It represents FDA's best advice for a uniform system
of provisions that address the safety and protection of food offered at retail and in food service. This
model is offered for adoption by local, state, and federal governmental jurisdictions for food service,
retail food stores, or food vending operations.
18
The Food Code provides a plan review and inspectional guide for “mobile food establishments” based
on the mobile unit's menu and operation. Mobile units range in type from push carts to food preparation
catering vehicles. The guide provides a matrix of requirements that a mobile food establishment must
follow based on the type of food that is available for sale to the consumer. This includes requirements
for “time/temperature control for the safety of food”
19
that is prepared on board a mobile food
establishment.
20
Mobility Requirements
Current law describes MFDVs as “mounted public food service establishments which are self-propelled
or otherwise movable from place to place…”
21
DBPR’s Guide to Mobile Food Establishments (Guide)
provides that an MFDV license is a vehicle mounted food service license where the vehicle has
adequate hand washing and dishwashing facilities, food protection, refrigeration, power and plumbing
system. The guide provides that an MFDV operator performs food service activities inside the vehicle
like food storage, cooking or preparation of food and dishwashing.
22
According to the Guide, one of the basic requirements for obtaining an MFDV license is to be a vehicle,
and to be mobile. In order to be mobile, the Guide provides that “a side photograph of the vehicle
showing its wheels and open service window must be submitted at time of application.”
23
Ghost Kitchens
Ghost kitchens, also known as dark kitchens or virtual restaurants, are shared commercial kitchens
optimized for food delivery service. Ghost kitchens are typically located in areas with a high
concentration of delivery demand. The kitchens don’t have a storefront and the staff prepares dishes off
16
S. 509.032(2)(d), F.S.
17
Rule 61C-1.001(12), F.A.C.
18
U.S. Public Health Service, FDA Food Code 2017, p. 327, http://www.myfloridalicense.com/dbpr/hr/statutes/documents/2017-
FDA-Food-Code.pdf (last visited Feb. 16, 2022).
19
"Time/temperature control for safety food" is defined in chapter 1 of the Food Code as a food that requires time/temperature control
for safety (TCS) to limit pathogenic microorganism growth or toxin formation.
20
U.S. Public Health Service, FDA Food Code 2017, p. 754, http://www.myfloridalicense.com/dbpr/hr/statutes/documents/2017-
FDA-Food-Code.pdf (last visited Feb. 23, 2023).
21
S. 509.101, F.S., and R. 61C-1.002, F.A.C.
22
Florida Department, supra note 5.
23
Id. STORAGE NAME: h0415.RRS PAGE: 5
DATE: 2/20/2023
of their menus that are only available for delivery. By eliminating the dining room and the wait-staff, this
allows food businesses to save on overhead costs by utilizing the shared kitchen model.
24
Unlike a restaurant with a physical location, ghost kitchen customers do not know exactly where the
food is coming from. This may pose a health concern. The Food Code is used to regulate ghost kitchen
establishments; however, the Food Code mentions the regulation of Mobile Food Establishments, but
not ghost kitchens or similar structures. Ghost kitchens that are not mobile may fall outside of the
regulations.
25
Ghost kitchens became popular in 2020 during the COVID-19 pandemic, when restaurants were shut
down due to restrictions, or business volume slowed significantly due to low numbers of patrons being
allowed in restaurants.
26
Throughout the pandemic, the delivery-only virtual brand model grew, and
through much of 2022 it continued to grow.
27
As a result, venture capitalists invested heavily in the
model, which allows access by established restaurant chains and new food entrepreneurs.
28
Recently,
due to operational and permitting issues, a few major restaurant chains and provider platforms have
reduced their investments in the shared kitchen model. As a result, some of the companies are shifting
toward more conventional restaurant development plans.
29
The U.S. online food delivery market size attained a value of $18.5 billion in the year 2020. The market
is further expected to grow between 2023 and 2028 to reach a value of almost $33.7 billion by 2026.
30
However, a recent survey of nearly 1,600 Americans shows that consumers are changing their dining
and tipping habits, with 67 percent saying they’re dining out less and 31 percent tipping less when they
are dining out.
31
Ghost kitchens come in all shapes and sizes, with some spaces being shared and others being used by
just one restaurant brand. The three main types are depicted in the following table:
32
Type 1 Incubator/Pop-Up Kitchens An incubator/pop-up ghost kitchen is affiliated with a
traditional restaurant but focuses primarily on online
orders and deliveries.
Type 2 Kitchen Pods Kitchen pods are small shipping containers that come
with outfitted kitchens.
Type 3 Commissary/Shared Kitchens Commissary kitchens are shared kitchen spaces
owned and operated by a third-party company or
24
CloudKitchens, What is a ghost kitchen?: the ultimate guide for your restaurant, https://cloudkitchens.com/blog/ultimate-guide-to-
ghost-kitchens/#:~:text=The%20kitchens%20themselves%20don't,working%20on%20fulfilling%20online%20orders. (last visited
Feb. 15, 2023).
25
Coppolino, Andrew, Ghost Kitchens, Home Cooks Shake up Food Industry but Raise Safety Concerns, CBCnews, CBC/Radio
Canada (Jan. 28, 2023), https://www.cbc.ca/news/canada/kitchener-waterloo/andrew-coppolino-food-safety-home-cooks-ghost-
kitchens-1.6728312 (last visited Feb. 20, 2023).
26
GlobalData, Struggling foodservice brands must embrace dark kitchens, says GlobalData,
https://www.globaldata.com/media/consumer/struggling-foodservice-brands-must-embrace-dark-kitchens-says-globaldata/ (last
visited Feb. 15, 2023).
27
PYMNTS, Inflation Puts Pressure on Ghost Kitchen Model, https://www.pymnts.com/restaurant-innovation/2023/inflation-puts-
pressure-on-ghost-kitchen-model/ (last visited Feb. 15, 2023).
28
TechCrunch, The next big restaurant chain may not own any kitchens, https://techcrunch.com/2018/10/07/the-next-big-restaurant-
chain-may-not-own-any-kitchens/ (last visited Feb. 15, 2023).
29
Restaurant Dive, Ghost kitchens need to go omnichannel if they want to survive, experts say,
https://www.restaurantdive.com/news/ghost-kitchens-need-to-go-omnichannel-if-they-want-to-survive-experts-say/641555/ (last
visited Feb. 15, 2023).
30
Expert Market Research, United States Online Food Delivery Market Outlook,
https://www.expertmarketresearch.com/reports/united-states-Online-food-delivery-market (last visited Feb. 15, 2023).
31
Lending Tree, Nearly 70% of Americans Say They’re Dining Out Less Frequently Due to Inflation, and Almost a Third Are Tipping
Less, https://www.lendingtree.com/credit-cards/study/restaurants-groceries-
inflation/#:~:text=Nearly%207%20in%2010%20(67,impacted%20their%20grocery%20shopping%20habits. (last visited Feb. 16,
2023).
32
Cheetah, 3 Types of Ghost Kitchens and Which One Is the Best Business to Start, https://www.gocheetah.com/blog/types-of-ghost-
kitchens-best-for-you/ (last visited Feb. 17, 2023). STORAGE NAME: h0415.RRS PAGE: 6
DATE: 2/20/2023
entrepreneur rather than a restaurant. They usually
house multiple restaurants, brands, or concepts under
one roof, where staff shares everything from
refrigerator space to frying pans.
Miami Pilot Program for App-based Mobile Operations
On March 11, 2021, the City of Miami created a pilot program for previously unregulated “mobile
operating units.” The pilot program defined “mobile operation unit” as a movable stand, cart, vehicle,
truck, van, or trailer through which mobile operations are performed on a parking lot site or on vacant
land, and “delivery food vehicle” is defined as any vehicle used as or in conjunction with a mobile
operation unit operating with app-based meal production for delivery only to be consumed off-
premises.
33
The regulations require the mobile operating units to refrain from providing on-site takeout
or dine-in service.
Mobile operating units are required to obtain city permits, and provide information about the number of
participating sites and employees to the city, and to report on the total number of code violations.
Violations are punishable by a fine of $250 for a first offense and $500 for each subsequent offense.
The pilot was renewed on March 24, 2022, for a second year.
34
According to reports, in the year since Miami adopted the pilot program, other cities have followed suit,
including Orlando.
35
Other States
In 2020, the U.S. had 1,500 ghost kitchens open across the country.
36
It has been reported that ghost
kitchens have continued to open and operate in states such as New Jersey
37
, California
38
, Texas
39
, and
New York.
40
In 2021, the global ghost kitchen market was estimated to be worth approximately $56
billion.
41
Currently, the regulation of ghost kitchens among the states appears to primarily be conducted at the
local level. Policymakers are considering how to adapt existing regulations to fit the unique challenges
that ghost kitchens present. Because ghost kitchens do not fit the traditional definition of a restaurant,
government officials are unsure how to regulate them. Depending on their operations, ghost kitchens
may fall under the definition of “food facilities,” which must be registered with FDA and are subject to
FDA inspections. They also must abide by various safety requirements, including allergy management,
hazard planning, and sanitation.
42
33
City of Miami Ordinance S. 31-51. Food trucks operating on private land.
34
City of Miami, City Commission Agenda March 24, 2022,
http://miamifl.iqm2.com/Citizens/FileOpen.aspx?Type=15&ID=2611&Inline=True (last visited Feb. 16, 2023).
35
The Community Paper, Ghost kitchens pilot program passed by the City, https://www.yourcommunitypaper.com/articles/ghost-
kitchens-pilot-program-passed-by-city/ (last visited Feb. 16, 2023).
36
Emma Liem Beckett, Ghost Kitchens Could Be a $1t Global Market by 2030, Says Euromonitor, Restaurant Dive (July 10, 2020),
https://www.restaurantdive.com/news/ghost-kitchens-global-market-euromonitor/581374/ (last visited Feb. 20, 2023).
37
Townsquare Media, Inc., This Restaurant's Rare Ghost Kitchen Is Available in New Jersey, 92.7 WOBM, 92.7 WOBM (Feb. 16,
2023), https://wobm.com/ixp/942/p/pancake-kitchen-cracker-barrel/ (last visited Feb. 20,2023).
38
Iman Palm, Chipotle to Open Spinoff Restaurant in Santa Monica, KTLA News (Feb. 15, 2023), https://ktla.com/news/
california/chipotle-to-open-spinoff-restaurant-in-santa-monica/ (last visited Feb. 20, 2023).
39
Brandi Addison, Ghost Kitchens Are Taking North Texas by Storm. Here's a Guide to Ghost Kitchens around Grapevine, Dallas
New (May 3, 2022), https://www.dallasnews.com/food/restaurant-news/2022/05/03/ghost-kitchens-are-taking-north-texas-by-storm-
heres-a-guide-to-ghost-kitchens-around-grapevine/ (last visited Feb. 20, 2023).
40
Luke Fortney, This New Manhattan Ghost Kitchen Will Have Di Fara Pizza and a Steak Spot from Bobby Flay, Eater NY, Eater
NY (Feb. 14, 2023), https://ny.eater.com/2023/2/14/23597544/wonder-manhattan-ghost-kitchen-di-fara-pizza-bobby-flay-steak-nyc.
41
Statista, Ghost Kitchens- Statistics & Facts, Statista Research Department (Nov. 25, 2022),
https://www.statista.com/topics/7563/ghost-kitchens/#:~:text=As%20of%202022%2C%20the%
20market,reach%20223.7%20billion%20by%202027 (last visited Feb. 20, 2023).
42
The Food and Drug Administration, Questions and Answers Regarding Food Facility Registration (Seventh STORAGE NAME: h0415.RRS PAGE: 7
DATE: 2/20/2023
If a kitchen is defined as a restaurant, “a facility that prepares and sells food directly to consumers for
immediate consumption,” it is exempt from FDA registration, but still regulated by state law and local
health authorities. Central kitchens that prepare food for a restaurant chain do not fall under the
restaurant exemption unless they sell directly to consumers.
43
Effect of Proposed Changes
The bill defines the term "temporary commercial kitchen" as:
…a food preparation and cooking facility set up 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 axel mounted. The term does
not include a tent or shed.
The bill requires the Division to establish rules for the operation of temporary commercial kitchens,
which must require temporary commercial kitchens to:
Be climate-controlled.
Maintain a humidity factor of less than 60 percent in the space of the unit.
Have a total gross weight not exceeding 5,000 pounds.
Maintain ADA compliant entrances and access windows.
Maintain a sink in compliance with DBPR standards.
Maintain either internal or external fresh water supply and gray water disposal.
Maintain electrical, plumbing, and mechanical specifications that meet or exceed national
agency standards or best industry standards.
Maintain a wind rating greater than 70 mph.
B. SECTION DIRECTORY:
Section 1: amends s. 509.101, F.S.; defining the term "temporary commercial kitchen," and
authorizing the Division to adopt by rule operational requirements for a temporary
commercial kitchen.
Section 2: provides an effective date of July 1, 2023.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
Edition): Guidance for Industry, https://www.fda.gov/files/food/published/Questions-and-Answers-Regarding-Food-Facility-
Registration-%28Seventh-Edition%29.pdf (last visited Feb. 20, 2023).
43
Id. STORAGE NAME: h0415.RRS PAGE: 8
DATE: 2/20/2023
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill may have a positive impact on owners of temporary commercial kitchens by clearly authorizing
them to operate in the state.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. The bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditure of funds; reduce the authority that counties or municipalities have to
raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
The bill requires DBPR to establish rules for the operation of temporary commercial kitchens. Such
broad rulemaking authority may be an improper delegation of legislative authority.
C. DRAFTING ISSUES OR OTHER COMMENTS:
The bill requires DBPR to create certain weight, humidity, disability, water, electrical, plumbing,
mechanical, and wind ratings requirements for the facilities to follow, but does not provide DBPR with
regulatory, licensure, or enforcement authority or requirements.
The bill defines temporary commercial kitchens as portable structures that are movable from place to
place by a tow or are self-propelled or otherwise axel mounted; however, the bill does not include them
in the existing statute for food trucks.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES