Florida Food Truck Requirements, Permits, and Inspections

To operate a food truck in Florida you need a Mobile Food Dispensing Vehicle (MFDV) license from the Department of Business and Professional Regulation, which costs $347 per year plus a one-time $50 application fee for new operators.¹ Since June 30, 2020, that state license is the only operating license you need. Local governments cannot require a separate food truck permit or charge you an additional fee to operate.² Everything else on the compliance list, from food safety inspections to fire codes to sales tax, still applies.

The MFDV License

The Division of Hotels and Restaurants within DBPR issues MFDV licenses. The full-year fee is $347, or $178.50 if you apply within six months of the next renewal period. New applicants also pay a one-time $50 application fee.¹

Getting licensed has three steps: create a DBPR online account, submit plan review materials, and pass a licensing inspection. Plan review requires a diagram of your vehicle with all equipment labeled, a sample menu, a side photograph showing the wheels and open service window, and proof of either a commissary or a commercial water and sewer connection.³

The commissary requirement catches new operators off guard. An MFDV must either use a licensed commissary for food storage, preparation, and wastewater disposal, or have access to a commercial water and sewer location. A commissary is a separately licensed food service establishment where you store supplies, prep ingredients, and dump wastewater between shifts.

Plan review itself carries no additional fee, but it isn’t optional. DBPR needs to confirm your layout, equipment, and menu meet food safety requirements before scheduling the in-person inspection. Pass that inspection and your license is active.³

What Cities and Counties Can Still Require

Florida Statute 509.102 preempts local regulation of food truck licensing to the state. No city, county, or other local government can require a separate license, registration, or permit beyond your DBPR license, and none can charge you an additional fee as a condition of operating.⁴ The same statute prohibits local governments from banning food trucks entirely.

Some municipalities still list old business tax receipt or occupational license requirements on their websites, which creates confusion. If a local government tries to require an additional license or fee specifically for operating your food truck, the state statute overrides that requirement.

Preemption covers licensing and fees. It does not eliminate local authority over zoning, fire safety codes, noise regulations, or parking. A city cannot charge you for a food truck permit, but it can restrict where and when you set up. Zoning ordinances vary sharply across Florida. Some allow food trucks in commercial and mixed-use zones but ban them from residential neighborhoods. Others designate specific food truck parks or corridors, and some cities impose distance requirements between food trucks and brick-and-mortar restaurants (Miami’s Ordinance 13796, for example, bars operation within 500 feet of a food service establishment on private property, with exemptions for properties over 250,000 square feet).⁵ Check the local code before committing to a regular spot.

Parking rules add another layer. Many cities limit how long a truck can stay in one location and prohibit overnight parking of commercial vehicles in certain zones. On public right-of-way you may need to coordinate with a special events office. On private property, the property owner must give permission, and you generally cannot block required parking, loading zones, or access to the main business.

Health Inspections and Food Safety

DBPR conducts unannounced inspections of food trucks as often as the division considers necessary. Inspectors classify violations as critical or non-critical, and the critical ones, which can directly cause foodborne illness, carry the heaviest penalties.³

Temperature Control

Cold holding is where many trucks fail. Any food requiring time and temperature control for safety, including meats, dairy, cut produce, and cooked grains, must be held at 41°F or below. Raw eggs get slightly more leeway at 45°F.⁶ A thermometer malfunction on a hot Florida afternoon can push an entire service into violation territory within minutes.

Handwashing

You need a dedicated handwashing station with hot and cold running water, soap, and a sanitary way to dry hands. It cannot double as a prep sink or dishwashing area. Inspectors routinely check that the station is accessible and stocked during service.

Employee Illness

Food employees diagnosed with or showing symptoms of certain illnesses must report to the person in charge before working around food. The reportable diseases include norovirus, hepatitis A, shigella, shiga toxin-producing E. coli, typhoid fever, and nontyphoidal salmonella.⁷ Small crews make this hard. If your only cook calls in sick with vomiting and diarrhea, the compliant response is to shut down for the day.

Employee Food Safety Training

Florida Statute 509.049 requires every food service establishment, including food trucks, to provide food safety training to all employees who store, prepare, display, or serve food.⁸ The training must meet the minimum standards DBPR sets and cover safe food handling, temperature control, and contamination prevention.

A common misconception is that every food truck needs a certified food manager on staff. The statute does not require one. It allows the licensee to designate a certified food service manager to conduct training, but that is optional. What is required is that the training happens and meets the division’s standards. Keeping dated records of who was trained and on what topics is the simplest way to prove compliance.

Fire Safety and Propane

Local fire departments inspect food trucks, and some cities require inspections on a recurring schedule. Orlando, for example, requires a fire inspection every six months.⁹ Inspectors check fire extinguisher placement, ventilation, fuel line connections, and clearance from surrounding structures.

Most trucks run on propane, and NFPA 58 governs how much you can carry and how it must be stored. Tanks must be installed either on the vehicle’s exterior or inside a vented cabinet that is sealed from the interior of the truck but accessible from outside. Cabinet vents go near the top and bottom, at least three feet horizontally from any opening into the vehicle. Containers not connected for use cannot be transported or stored inside the vehicle. Maximum propane capacity depends on total appliance output: trucks with appliances drawing less than 300,000 BTU per hour can carry up to about 200 pounds of propane, while setups between 300,000 and 700,000 BTU per hour can store up to roughly 300 pounds. All containers must be fastened to withstand a static force equal to four times the weight of the full tank without visible deformation, and main shutoff valves must be accessible without tools.

Cooking equipment can only be operated when exhaust systems are running, and ventilation must be cleaned regularly to prevent grease buildup. Any appliance producing grease-laden vapors needs a fire-extinguishing system, and portable fire extinguishers must be installed in the cooking area per NFPA 10. Maintain at least 10 feet of clearance from buildings, other vehicles, and combustible materials during operation.

Insurance

Florida law requires commercial auto insurance for all business-owned vehicles, and a personal auto policy will not satisfy that requirement for a food truck. Most operators also carry general liability insurance, which event organizers and property owners frequently require before allowing a truck on their premises. General liability policies for food trucks commonly run $1 million to $2 million per occurrence. Workers’ compensation becomes mandatory once you employ four or more people.

Individual municipalities and event venues may specify their own minimum coverage amounts as a condition of access, even though they cannot require a separate operating license. A policy that names additional insureds easily will save time when booking events or securing recurring locations.

Sales Tax, Payroll, and Minimum Wage

Food sold by food trucks is subject to Florida’s 6% state sales tax plus any county discretionary sales surtax that applies where you serve, whether customers eat at the truck or take food to go.¹⁰ Register with the Florida Department of Revenue, collect tax on every sale, and file returns on your assigned schedule (typically monthly or quarterly, depending on volume).

If you have employees, you must withhold federal income tax and both the employee and employer shares of Social Security and Medicare taxes, then report them quarterly on IRS Form 941. Quarterly deadlines fall on April 30, July 31, October 31, and January 31.¹¹ Sole proprietors without employees still owe self-employment tax at 15.3% on net earnings over $400.¹²

Florida’s minimum wage reaches $15.00 per hour in 2026, with a tipped minimum cash wage of $11.98. If you employ tipped workers, tips plus the cash wage must equal at least $15.00; you cover any shortfall.

Waste and Grease Disposal

Federal rules under 40 CFR Part 403 prohibit discharging solid or viscous pollutants into public sewer systems in amounts that obstruct flow. You cannot pour used cooking oil or grease trap waste down a drain or into a storm sewer.

Used cooking oil (“yellow grease”) goes into designated recycling bins, and most areas have commercial services that collect it for animal feed, industrial products, or biodiesel. Grease trap residue (“brown grease”) needs separate disposal through a licensed waste hauler. Your commissary agreement should address grease logistics, but if you generate grease on the road, arrange your own recycler or hauler. Local sewer use ordinances often set specific concentration limits for grease in wastewater, so relying on the trap alone without regular cleaning is a common path to a violation.

Penalties for Non-Compliance

DBPR can impose fines of up to $1,000 per offense for any food truck operating in violation of Chapter 509 or division rules. For critical violations, each day of continued non-compliance can count as a separate offense, so a single unresolved problem compounds quickly.¹³

The division can suspend a license for up to 12 months or revoke it entirely. A revoked license means you cannot reapply for that location until the original license would have expired. DBPR may also require completion of a remedial food safety education program at the operator’s expense before reinstating a suspended license.¹³

Operating without a license, or operating after suspension or revocation, is a second-degree misdemeanor. DBPR posts a visible closed-for-operation sign on any establishment found operating in this condition, and removing that sign is itself a criminal offense. The division can refuse to issue or renew any license until all outstanding fines from prior enforcement actions are paid in full.¹³

1
Department of Business and Professional Regulation. Hotels and Restaurants – Food Service Fees
2
Open My Florida Business. Mobile Food and Hot Dog Vendors
3
Department of Business and Professional Regulation. Hotels and Restaurants – Guide to Mobile Food Dispensing Vehicles
4
Florida Senate. Florida Statutes Chapter 509 Section 102 – Mobile Food Dispensing Vehicles; Temporary Commercial Kitchens; Preemption
5
City of Miami. Ordinance 13796 – Amend Code – Chapter 31 – Food Trucks
6
Food and Drug Administration. FDA Food Code 2022
7
Food and Drug Administration. FDA Food Code 2022 – Chapter 2 Management and Personnel
8
Florida Senate. Florida Code 509 – Food Service Employee Training
9
City of Orlando. Apply for a Mobile Food Truck Fire Inspection
10
Florida Department of Revenue. Sales and Use Tax on Restaurants and Catering
11
Internal Revenue Service. Instructions for Form 941
12
Internal Revenue Service. Publication 334 – Tax Guide for Small Business
13
Florida Senate. Florida Statutes Chapter 509 Section 261 – Revocation or Suspension of Licenses; Fines