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