FL
Florida House Bill H0415

Florida 2023 Regular Session

Florida House Bill H0415 Compare Versions

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1010 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
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1414 A bill to be entitled 1
1515 An act relating to temporary commercial kitchens; 2
1616 amending s. 509.101, F.S.; requiring operators of 3
1717 public food service establishments who provide 4
1818 commissary services to maintain a temporary commercial 5
1919 kitchen registry; requiring temporary commercial 6
2020 kitchen operators to display license numbers; amending 7
2121 s. 509.102, F.S.; defining the term "temporary 8
2222 commercial kitchen"; preempting regulation of 9
23-temporary commercial kitchens to the state; 10
24-authorizing mobile food dispensing vehicles and 11
25-temporary commercial kitchens in specified locations 12
26-to operate during certain hours; providing conditions 13
27-for operating a temporary kitchen; providing an 14
28-effective date. 15
29- 16
30-Be It Enacted by the Legislature of the State of Florida: 17
31- 18
32- Section 1. Subsection (3) of section 509.101, Florida 19
33-Statutes, is amended to read: 20
34- 509.101 Establishment rules; posting of notice; food 21
35-service inspection report; maintenance of gues t register; mobile 22
36-food dispensing vehicle registry. — 23
37- (3) It is the duty of each operator of a public food 24
38-service establishment that provides commissary services to 25
23+temporary commercial kitchens to the state; providing 10
24+an effective date. 11
25+ 12
26+Be It Enacted by the Legislature of the State of Florida: 13
27+ 14
28+ Section 1. Subsection (3) of section 509.101, Florida 15
29+Statutes, is amended to read: 16
30+ 509.101 Establishment rules; post ing of notice; food 17
31+service inspection report; maintenance of guest register; mobile 18
32+food dispensing vehicle registry. — 19
33+ (3) It is the duty of each operator of a public food 20
34+service establishment that provides commissary services to 21
35+maintain a daily regis try verifying that each mobile food 22
36+dispensing vehicle or temporary commercial kitchen that receives 23
37+such services is properly licensed by the division. In order 24
38+that such licensure may be readily verified, each mobile food 25
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4747 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
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51-maintain a daily registry verifying that each mobile food 26
52-dispensing vehicle or temporary commercial kitchen that receives 27
53-such services is properly licensed by the division. In order 28
54-that such licensure may be readily verified, each mobile food 29
55-dispensing vehicle operator or temporary commercial kitchen 30
56-operator shall permanently affix in a prominent place on the 31
57-side of the vehicle or kitchen, in figures at least 2 inches 32
58-high and in contrasting colors from the background, the 33
59-operator's public food service establishment license number. 34
60-Prior to providing commissary services, each public foo d service 35
61-establishment must verify that the license number displayed on 36
62-the vehicle or kitchen matches the number on the vehicle or 37
63-kitchen operator's public food service establishment license. 38
64- Section 2. Section 509.102, Florida Statutes, is amended 39
65-to read: 40
66- 509.102 Mobile food dispensing vehicles; temporary 41
67-commercial kitchens; preemption.— 42
68- (1)(a) As used in this section, the term "mobile food 43
69-dispensing vehicle" means any vehicle that is a public food 44
70-service establishment and that is self -propelled or otherwise 45
71-movable from place to place and includes self -contained 46
72-utilities, including, but not limited to, gas, water, 47
73-electricity, or liquid waste disposal. 48
74- (b) As used in this section, the term "temporary 49
75-commercial kitchen" means any kitchen that is a public food 50
51+dispensing vehicle operator or temporary commercial kitchen 26
52+operator shall permanently affix in a prominent place on the 27
53+side of the vehicle or kitchen, in figures at least 2 inches 28
54+high and in contrasting colors from the background, the 29
55+operator's public food service establishment licen se number. 30
56+Prior to providing commissary services, each public food service 31
57+establishment must verify that the license number displayed on 32
58+the vehicle or kitchen matches the number on the vehicle or 33
59+kitchen operator's public food service establishment lice nse. 34
60+ Section 2. Subsections (1), (2), and (3) of section 35
61+509.102, Florida Statutes, are amended to read: 36
62+ 509.102 Mobile food dispensing vehicles; temporary 37
63+commercial kitchens; preemption.— 38
64+ (1)(a) As used in this section, the term "mobile food 39
65+dispensing vehicle" means any vehicle that is a public food 40
66+service establishment and that is self -propelled or otherwise 41
67+movable from place to place and includes self -contained 42
68+utilities, including, but not limited to, gas, water, 43
69+electricity, or liquid waste disposal. 44
70+ (b) As used in this section, the term "temporary 45
71+commercial kitchen" means any kitchen that is a public food 46
72+service establishment, used for the preparation of takeout or 47
73+delivery-only meals housed in portable structures that are 48
74+movable from place to place by a tow or are self -propelled or 49
75+otherwise axle mounted, that include self -contained utilities, 50
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8484 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
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88-service establishment, used for the preparation of takeout or 51
89-delivery-only meals housed in portable structures that are 52
90-movable from place to place by a tow or are self -propelled or 53
91-otherwise axle mounted, that include self -contained utilities, 54
92-including, but not limited to, gas, water, electricity, or 55
93-liquid waste disposal. Such kitchens are subject to all 56
94-provisions of this chapter except as may be provided herein. The 57
95-term does not include a tent. 58
96- (2)(a) Regulation of mobile food dispensing vehicles, and 59
97-temporary commercial kitchens, involving licenses, 60
98-registrations, permits, and fees is preempted to the state. A 61
99-municipality, county, or other local governmental entity may not 62
100-require a separate license, registration, or permit other than 63
101-the license required under s. 509.241, or require the payment of 64
102-any license, registration, or permit fee other than the fee 65
103-required under s. 509.251, as a condition for the operation of a 66
104-mobile food dispensing vehicle or temporary commercial kitchen 67
105-within the entity's jurisdiction. A municipality, county, or 68
106-other local governmental entity may not prohibit mobile food 69
107-dispensing vehicles or temporary commercial kitchens from 70
108-operating within the entirety of the entity's jurisdiction. 71
109- (b) Any mobile food dispensing vehicle or temporary 72
110-commercial kitchen that is operated on the same premises as and 73
111-by a separately licensed public food service establishment may 74
112-operate during the same hours of operation as the separately 75
88+including, but not limited to, gas, water, electricity, or 51
89+liquid waste disposal. Such kitchens are subject to all 52
90+provisions of this chapter ex cept as may be provided herein. The 53
91+term does not include a tent. 54
92+ (2)(a) Regulation of mobile food dispensing vehicles , and 55
93+temporary commercial kitchens, involving licenses, 56
94+registrations, permits, and fees is preempted to the state. A 57
95+municipality, county, or other local governmental entity may not 58
96+require a separate license, registration, or permit other than 59
97+the license required under s. 509.241, or require the payment of 60
98+any license, registration, or permit fee other than the fee 61
99+required under s. 50 9.251, as a condition for the operation of a 62
100+mobile food dispensing vehicle or temporary commercial kitchen 63
101+within the entity's jurisdiction. A municipality, county, or 64
102+other local governmental entity may not prohibit mobile food 65
103+dispensing vehicles or temporary commercial kitchens from 66
104+operating within the entirety of the entity's jurisdiction. 67
105+ (b) Any mobile food dispensing vehicle or temporary 68
106+commercial kitchen that is operated on the same premises as and 69
107+by a separately licensed public food service e stablishment may 70
108+operate during the same hours of operation as the separately 71
109+licensed public food service establishment that operates such 72
110+mobile food dispensing vehicle or temporary commercial kitchen. 73
111+ (3) This section may not be construed to affect a 74
112+municipality, county, or other local governmental entity's 75
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121121 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
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125-licensed public food s ervice establishment that operates such 76
126-mobile food dispensing vehicle or temporary commercial kitchen. 77
127- (3)(a) A temporary commercial kitchen may be used in 78
128-conjunction with a licensed permanent food service establishment 79
129-that is licensed under this chap ter for the purpose of 80
130-supplementing the kitchen operations of the licensed permanent 81
131-food service establishment. 82
132- 1. A temporary commercial kitchen may operate in this 83
133-capacity on the premises of the licensed permanent food service 84
134-establishment for 60 c onsecutive days. The operators of the 85
135-temporary commercial kitchen may request, and the division may 86
136-grant, one extension of up to 60 additional consecutive days. 87
137- 2. During a period of renovation, repair, or rebuilding, a 88
138-temporary commercial kitchen may operate in this capacity on the 89
139-premises of the licensed permanent food service establishment or 90
140-off the premises within line of sight not to exceed 1,320 feet 91
141-from the licensed permanent food service establishment for 120 92
142-days. The division may exercise discretion to grant an 93
143-additional extension of time upon a reasonable and reliable 94
144-demonstration by the licensed permanent food service 95
145-establishment that additional time is needed to complete the 96
146-renovation, repair, or rebuild. 97
147- (b) If a licensed permanent food service establishment 98
148-licensed under this chapter, or the land upon which that 99
149-establishment is sited, is rendered uninhabitable due to a 100
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158-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
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162-natural disaster which is the subject of a declared state of 101
163-emergency, a temporary commercial kitchen may operate on the 102
164-premises of, or as near as reasonably practicable to, the 103
165-location of the licensed permanent food service establishment. A 104
166-temporary commercial kitchen may only operate in this capacity 105
167-during the period of repair and rebuilding of the permanent 106
168-establishment with which it is associated. A temporary 107
169-commercial kitchen operating in this capacity must notify the 108
170-division of its location within 7 days after a natural disaster 109
171-renders the structure or the land upon which th e establishment 110
172-is sited uninhabitable and notify the division of its location 111
173-every 90 days thereafter. 112
174- (c) Except as authorized under paragraphs (a) and (b), a 113
175-temporary commercial kitchen may not operate in one location for 114
176-longer than 30 consecutive days. The operators of a temporary 115
177-commercial kitchen must notify the division within 48 hours 116
178-after commencing operation in a location. 117
179- (4)(3) This section may not be construed to affect a 118
180-municipality, county, or other local governmental entity's 119
181-authority to regulate the operation of mobile food dispensing 120
182-vehicles or temporary commercial kitchens other than the 121
183-regulations described in subsection (2). 122
184- (5)(4) This section does not apply to any port authority, 123
185-aviation authority, airport, or seaport. 124
186- Section 3. This act shall take effect July 1, 2023. 125
125+authority to regulate the operation of mobile food dispensing 76
126+vehicles or temporary commercial kitchens other than the 77
127+regulations described in subsection (2). 78
128+ Section 3. This act shall take ef fect July 1, 2023. 79