How to Get a Food Truck Permit in Florida

Who issues food truck permits in Florida

Florida regulates food trucks at the state level. Under Florida Statutes section 509.102, the regulation of mobile food dispensing vehicles involving licenses, registrations, permits and fees is preempted to the state. A city, county or other local government may not require a separate license, registration or permit, or charge a license, registration or permit fee, beyond the state license and fee. It also may not ban these vehicles from its entire jurisdiction.

The same law keeps local governments' other powers over how trucks operate. That is why location, zoning and fire rules still differ from city to city.

Which state agency you deal with depends on your menu. FDACS says mobile vendors with food service are permitted by DBPR, including those that process or prepare potentially hazardous foods such as hot dogs and hamburgers. FDACS permits mobile vendors that sell prepackaged food or foods that are not temperature controlled for safety, such as ice confections, coffee, tea, soft drinks, pastry products, popcorn and candies, as listed on the FDACS mobile food establishments page on 2026-10-03. If your menu mixes both, check with both agencies before you apply.

Plan review and the DBPR license

DBPR rule 61C-1.002 requires the operator of a public food service establishment that is newly built, remodeled, or reopened after being out of business for more than 18 months to submit plans and specifications for review. DBPR must approve the plans before it schedules an opening inspection and issues the license. For remodeling, plans must be approved before the work starts, unless DBPR can determine the work will not affect sanitation and safety requirements.

For mobile food dispensing vehicles, the rule names two forms: DBPR HR-7006, Plan Review for Mobile Public Food Service Establishment, or DBPR HR-7031, Application for Mobile Public Food Service Establishment License with Plan Review. Plan review is not required for a change of ownership when there is no interruption in operation and no change to the unit.

Florida Statutes section 509.241 requires each public food service establishment to hold a DBPR license. Licenses are renewed every year and cannot be transferred from one place or person to another. The license fee is set under section 509.251 and DBPR rules. This guide does not list the amount, so check the current fee with the DBPR Division of Hotels and Restaurants before you apply.

Equipment matters too. Under DBPR rule 61C-4.0161, a vehicle without water and waste systems may not prepare food, except hot dogs under separate rules, and may only sell food that was packaged in individual servings at an approved establishment or food processing plant. Bulk beverages from approved sources may be dispensed from covered urns or other protected containers.

Commissary rules

DBPR rule 61C-4.0161 says mobile food dispensing vehicles shall operate from an approved commissary. Before using a commissary, the owner must notify DBPR by filing form DBPR HR-7022, Commissary Services Notification. Rule 61C-1.002 says the form goes in with the plan review, or with the license application if plan review is not required.

Self-sufficient vehicles are exempt from the commissary and HR-7022 requirements. Ask DBPR whether your unit qualifies.

A truck may not get water from or dump wastewater at a private residence. It also may not prepare food, store food, equipment or utensils, or wash wares in a private residence.

For FDACS-permitted vendors, FDACS says a commissary may not be required if you sell only prepackaged non-potentially hazardous food, such as cookies, crackers or potato chips. All other FDACS mobile food establishments must complete a Commissary Letter of Agreement.

Business registration and sales tax

If you do business under any name other than your legal name, Florida Statutes section 865.09 requires you to register that fictitious name with the Division of Corporations of the Florida Department of State (Sunbiz) first. Orlando asks for your Sunbiz registration or an EIN/SSN when you apply for a business tax receipt.

Florida taxes food sold from vehicles. 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. Drinking water in bottles or cans sold the same way is exempt. The state rate is 6 percent (section 212.05). Counties may add a discretionary sales surtax on transactions in the county (section 212.054).

Section 212.18 requires dealers to apply to the Florida Department of Revenue for a certificate of registration. Check with the Department how to register a mobile business and which county surtax applies where you sell.

Many cities and counties also require a local business tax receipt. Miami requires a City of Miami business tax receipt and a Miami-Dade County Local Business Tax Receipt. Orlando and Jacksonville also list a local business tax receipt as required.

Fire safety and propane

DBPR rule 61C-4.0161(8) requires fire extinguishing equipment and liquefied petroleum (LP) gas appliances, equipment and containers to be installed, approved, maintained and used under the Florida Fire Prevention Code, as approved by the local fire authority. Fire inspections are handled by city and county fire officials, and the rules differ by place.

In Orlando, food trucks need a fire inspection every six months. The fee is $25, as listed on the City of Orlando Fire Department page on 2026-10-03. You need a business tax receipt before you can schedule it, and a passed truck gets a fire permit sticker that shows the expiration date.

Jacksonville says a Jacksonville Fire Prevention Office inspection is still required. Tampa Fire Rescue's vendor checklist (revised 11/2025) lists these rules:

• A commercial hood and a fire suppression system if the truck is used for cooking.
• A tagged and serviced 2A-10BC extinguisher if you cook or use a heat source.
• A tagged and serviced Class K extinguisher if cooking produces grease-laden vapors.
• For events, trucks with an LP gas system must have it certified annually and show proof, and trucks must be at least 10 feet apart.
• Trucks are subject to a Fire Marshal safety inspection at any time while operating.

Documents usually asked for

Requirements vary by agency and city. These are the items Florida agencies and the cities covered here list most often:

• State license: DBPR license for a mobile food dispensing vehicle, or an FDACS food permit.
• Approved plans (DBPR HR-7006 or HR-7031) for a new, remodeled or reopened unit.
• Commissary Services Notification (DBPR HR-7022), or the FDACS Commissary Letter of Agreement.
• Sunbiz registration, plus fictitious name registration if you use a trade name.
• Florida Department of Revenue certificate of registration for sales tax.
• Local business tax receipt for each city or county that requires one.
• Fire inspection clearance or fire permit sticker from the local fire authority.
• Proof of general liability and commercial auto insurance (Jacksonville lists both, and Tampa asks event vendors for proof of general and automotive liability).
• Food manager certification (required for managers under Florida Statutes 509.039, and Tampa asks event vendors for a copy).
• Property owner's signed and notarized permission for private property (Tampa). Orlando asks for permission letters if applicable.

Inspections, staff training and renewals

DBPR inspects licensed food service establishments on a risk-based schedule set by rule. Under Florida Statutes section 509.032, that means at least one and not more than four routine inspections a year. Before the license is issued, DBPR also does an opening inspection, which it schedules after it approves your plans.

Managers of a food service establishment must pass an approved test within 30 days after employment (section 509.039). Food service employees must be trained within 60 days after employment, and you must show proof of training when DBPR asks, including during inspections (section 509.049).

DBPR licenses are renewed every year. FDACS food permits must also be renewed each year before they expire. FDACS charges a late fee of up to $100 on top of the permit fee for late renewals, as listed on the FDACS mobile food establishments page on 2026-10-03.

Local items renew on their own schedules. For example, Orlando business tax receipts must be renewed by September 30 each year, and Orlando fire inspections are due every six months.

Rules in Miami, Orlando, Tampa and Jacksonville

Miami: the city's food truck ordinance page (Ordinance 13796, adopted in 2018) says food trucks need a Peddler's type business tax receipt. Trucks are not permitted within a 500-foot radius of a food service, gasoline, natural gas or other combustible energy source establishment, or in T3 and T4-R transect zones, and food truck use is prohibited in District 3. Gatherings of 3 or more trucks may happen at the same location once per calendar month, for up to 3 days in a row, with a temporary event permit. The ordinance was adopted before the current state preemption law, so confirm which parts the city enforces today.

Orlando: food trucks need a City of Orlando business tax receipt. One vendor at one location for 3 or more days needs a city Determination. Having two or more vendors at one location for 2 days or less is not permitted. For 3 or more days, 2 vendors need a Determination and 3 or more need a Master Plan via Board Approval. Vendors must keep a 5-foot setback from public rights-of-way and a 50-foot setback from residential zones. Mobile vending is not permitted in the Semoran and Semoran Gateway Special Plan areas.

Tampa: to operate on private property, you file a Planning Special Use 1 Temp Vendor application. The property owner must sign and notarize it, only one vendor is allowed per zoning lot, and vending is not allowed on residential property. Vending on the public right-of-way at events falls under City Code Chapter 28 and is reviewed by the Office of Special Events.

Jacksonville: since July 1, 2020, mobile food dispensing vehicles no longer need a City of Jacksonville Street Vendor permit. Operators need state permits, a local business tax receipt and a Fire Prevention Office inspection. The Office of Consumer Affairs enforces Ordinance Code Chapter 250. The city's food truck page says that outside downtown, trucks must close by 3:00 a.m. and reopen no earlier than 6:00 a.m. unless they have a special events permit, and may not park within 15 feet of a fire hydrant.

Before you buy a truck: checklist

Check these points before you sign for a truck, trailer or cart:

• Fix your menu first. It decides whether DBPR or FDACS licenses you.
• If you plan to remodel a used unit, get DBPR plan approval before the work starts.
• Check the water and waste systems. Without them, DBPR rules limit you to food packaged in individual servings and bulk beverages from approved sources served from covered urns or other protected containers, except hot dogs under separate rules.
• Decide whether the unit will be self-sufficient or will use a commissary, and line up an approved commissary. A home kitchen cannot serve as one.
• If you will cook, check for a commercial hood, a fire suppression system, the right extinguishers and LP gas paperwork that your local fire authority will accept.
• Read the zoning and location rules in every city where you plan to sell.
• Get quotes for general liability and commercial auto insurance.
• Budget for annual state renewals, local business tax receipts and repeat fire inspections.