Food trucks in Florida
Florida licenses food trucks at the state level. The Department of Business and Professional Regulation (DBPR), Division of Hotels and Restaurants, licenses mobile food dispensing vehicles that prepare or serve food, and the Department of Agriculture and Consumer Services (FDACS) permits mobile vendors that sell only prepackaged food or items that are not temperature controlled, such as coffee or popcorn. Florida Statutes 509.102 bars cities and counties from requiring their own license, registration or permit, or charging their own fee, for DBPR-licensed mobile food dispensing vehicles, but they can still regulate where and how trucks operate, and cities such as Orlando and Jacksonville require a local business tax receipt and a fire inspection.
Read the full guide: how to get a food truck permit in Florida →
Who issues food truck permits in Florida
Licensed by the state
DBPR rule 61C-4.0161 says mobile food dispensing vehicles shall operate from an approved commissary, and the owner must notify DBPR of each commissary on form DBPR HR-7022 before using it. Self-sufficient vehicles are exempt from both requirements. Getting water, dumping wastewater, preparing or storing food, or washing wares at a private residence is not allowed. FDACS-permitted vendors must complete a Commissary Letter of Agreement. FDACS says a commissary may not be required if you sell only prepackaged non-potentially hazardous food, so check with FDACS. Source ↗
Florida Administrative Code rule 12A-1.011(6) says food products sold through a push cart, motor vehicle or any other form of vehicle are subject to tax, while bottled drinking water sold that way is exempt. The state rate is 6 percent (Florida Statutes 212.05), and counties may add a discretionary sales surtax on transactions in the county (212.054). Dealers must apply to the Department of Revenue for a certificate of registration (212.18). Check with the Department how to register a mobile business and which county surtax applies where you sell. Source ↗
DBPR rule 61C-4.0161(8) requires fire extinguishing equipment and liquefied petroleum gas appliances, equipment and containers to be installed, maintained and used under the Florida Fire Prevention Code as approved by the local fire authority. Inspections are local: Orlando requires a fire inspection every six months ($25 as listed on the City of Orlando site on 2026-10-03), Jacksonville requires a Fire Prevention Office inspection, and Tampa Fire Rescue requires a commercial hood and fire suppression system on trucks used for cooking. Source ↗
Food truck cities in Florida
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Questions and answers
Do I need a city or county food truck permit in Florida?
Not for a DBPR-licensed mobile food dispensing vehicle. Florida Statutes 509.102 preempts licenses, permits and fees for these vehicles to the state, so the DBPR license is the food license. Cities and counties can still regulate how trucks operate, and cities such as Miami, Orlando and Jacksonville require a local business tax receipt. Check with each city where you plan to sell.
Does a coffee truck in Florida need a DBPR license or an FDACS permit?
FDACS permits mobile vendors that sell prepackaged food or foods not temperature controlled for safety, including coffee, tea, soft drinks, pastry products, popcorn and candies. Vendors that process or prepare potentially hazardous food are licensed by DBPR. If your menu mixes both, check with FDACS and DBPR before you apply.
Is a commissary required for a food truck in Florida?
Usually. DBPR rule 61C-4.0161 requires mobile food dispensing vehicles to operate from an approved commissary and to file form DBPR HR-7022 before using it, unless the vehicle is self-sufficient. You cannot use a private residence for water, wastewater, food prep or storage. FDACS-permitted vendors must complete a Commissary Letter of Agreement. FDACS says a commissary may not be required if you sell only prepackaged non-potentially hazardous food, so check with FDACS.
Do food trucks collect sales tax in Florida?
Yes. Rule 12A-1.011(6) says food products sold from a push cart, motor vehicle or other vehicle are subject to tax. The state rate is 6 percent plus any county discretionary sales surtax, and you register with the Florida Department of Revenue.
Sources
Facts checked against official sources on October 3, 2026. Rules change: confirm with the agency before you apply.
- florida.public.law/statutes/fla._stat._509.102
- florida.public.law/statutes/fla._stat._509.241
- florida.public.law/statutes/fla._stat._509.032
- florida.public.law/statutes/fla._stat._509.039
- florida.public.law/statutes/fla._stat._509.049
- florida.public.law/statutes/fla._stat._212.05
- florida.public.law/statutes/fla._stat._212.054
- florida.public.law/statutes/fla._stat._212.18
- florida.public.law/statutes/fla._stat._865.09
- www.law.cornell.edu/regulations/florida/Fla-Admin-Code-Ann-R-61C-4-0161
- www.law.cornell.edu/regulations/florida/Fla-Admin-Code-Ann-R-61C-1-002
- www.law.cornell.edu/regulations/florida/Fla-Admin-Code-Ann-R-12A-1-011
- www.fdacs.gov/Business-Services/Food/Food-Establishments/Mobile-Food-Establishments
- www.orlando.gov/Public-Safety/OFD/Apply-for-a-Mobile-Food-Truck-Fire-Inspection
- www.orlando.gov/Our-Government/Departments-Offices/Economic-Development/City-Planning/Mobile-Vending-and-Services-Guide
- www.miami.gov/Business/Miamis-Food-Truck-Ordinance
- www.miami.gov/Business-Licenses/Business-Licensing/Get-a-Business-Tax-Receipt-BTR
- www.tampa.gov/special-events-coordination/food-truck
- www.tampa.gov/document/fire-marshal-vendor-information-116326
- www.jacksonville.gov/departments/neighborhoods/office-of-consumer-affairs/mobile-food-dispensing-vendors-(food-trucks)
- www.jacksonville.gov/departments/neighborhoods/office-of-consumer-affairs/food-trucks