HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/CS/HB 415 Temporary Commercial Kitchens
SPONSOR(S): Commerce Committee, Regulatory Reform & Economic Development Subcommittee, Porras
TIED BILLS: IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Regulatory Reform & Economic Development 9 Y, 2 N, As CS Thompson Anstead
Subcommittee
2) State Administration & Technology 15 Y, 0 N Helpling Topp
Appropriations Subcommittee
3) Commerce Committee 17 Y, 0 N, As CS Thompson Hamon
SUMMARY ANALYSIS
The Division of Hotels and Restaurants (Division) within the Department of Business and Professional
Regulation (DBPR) is charged with enforcing the applicable laws relating to the inspection and regulation of
public food service establishments for the purpose of protecting the public health, safety, and welfare. Food
trucks are regulated by DBPR as a “mobile food dispensing vehicle,”(MFDV). To obtain a license as an MFDV,
an applicant must complete a kitchen plan review for sanitation and safety concerns, apply for a license and
pay the license fee, and schedule and pass an initial licensing inspection. Once licensed, Division personnel
inspect MFDVs as often as necessary for the protection of the public’s health, safety, and welfare.
Ghost kitchens are shared temporary commercial kitchens optimized for use by food delivery services such as
Grubhub or DoorDash. Ghost kitchens include physical spaces for operators to create food for off-premises
consumption, and can have a central, commissary-style set-up with multiple restaurants or brands working out
of the same physical space. Ghost kitchens became popular in 2020 during the COVID-19 pandemic, when
food delivery and take-out options were being widely utilized. Recently, due to operational and permitting
issues, a few major restaurant chains and ghost kitchen provider platforms have reduced their investments in
temporary commercial kitchens.
The bill:
 Includes temporary commercial kitchens as a regulated public food service establishment, thus
requiring such establishments to be subject to regulation by DBPR.
 Requires operators of public food service establishments who provide commissary services to
temporary commercial kitchens to maintain a registry to verify that each temporary commercial kitchen
that receives such services is properly licensed, and requires operators of temporary commercial
kitchens to properly display their public food service establishment license number.
 Preempts the regulation involving licenses, registrations, permits, and fees of temporary commercial
kitchens to the state.
 Authorizes MFDVs and temporary commercial kitchens that are operated on the same premises as and
by a separately licensed public food service establishment to operate during the same hours of
operation as the separately licensed public food service establishment.
 Provides timeframes within which temporary commercial kitchens are allowed to operate, authorizes
the Division to grant such operation and extensions, and requires the Division to be notified by the
kitchen operator before commencing operations.
The bill may have an insignificant fiscal impact on state government and the private sector. See Fiscal Analysis
& Economic Impact Statement.
The effective date of the bill is July 1, 2023.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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 FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Current Situation
Department of Business and Professional Regulation, Division of Hotels and Restaurants
The Division of Hotels and Restaurants (Division) within the Department of Business and Professional
Regulation (DBPR) is charged with enforcing the applicable laws relating to the inspection and
regulation of public food service establishments for the purpose of protecting the public health, safety,
and welfare.1
A “public food service establishment” is defined as:2
…any building, vehicle, place, or structure, or any room or division in a building,
vehicle, place, or structure where food is prepared, served, or sold for immediate
consumption on or in the vicinity of the premises; called for or taken out by
customers; or prepared prior to being delivered to another location for
consumption.
There are several exclusions from the definition of public food service establishment, including: 3
 Any place maintained and operated by a public or private school, college, or university for the
use of students and faculty or temporarily to serve events such as fairs, carnivals, and athletic
contests;
 Any eating place maintained and operated by a church or a religious, nonprofit fraternal, or
nonprofit civic organization for the use of members and associates or temporarily to serve
events such as fairs, carnivals, or athletic contests;
 Any eating place located on an airplane, train, bus, or watercraft which is a common carrier;
 Any eating place maintained by a facility certified or licensed and regulated by the Agency for
Health Care Administration or the Department of Children and Families;
 Any place of business issued a permit or inspected by the Department of Agriculture and
Consumer Services under s. 500.12, F.S.;
 Any vending machine that dispenses any food or beverage other than potentially hazardous
food;
 Any place of business serving only ice, beverages, popcorn, and prepackaged items; and
 Any research and development test kitchen limited to use by employees and not open to the
general public.
Food Trucks 4 are regulated by DBPR as a “mobile food dispensing vehicle,”(MFDV),5 and defined as:6
…any vehicle that is a public food service establishment and that is self-propelled
or otherwise movable from place to place and includes self-contained utilities,
including, but not limited to, gas, water, electricity, or liquid waste disposal.
To obtain a license as an MFDV, an applicant must:7
1 S. 509.032, F.S.
2 S. 509.013(5)(a), F.S.
3 S. 509.013(5)(b), F.S.
4 Generally, a food truck is a large wheeled vehicle from which food is sold that typically contains cooking facilities where t he food is
prepared. Merriam-Webster Dictionary, Food Truck , https://www.merriam-webster.com/dictionary/food%20truck (last visited Feb.
15, 2023).
5 S. 509.101, F.S.
6 S. 509.032, F.S.; R. 61C-1.002, F.A.C.
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  Complete a kitchen plan review for sanitation and safety concerns (if required);8
o No plan review is required if an operator:
 buys a vehicle already licensed by the Division and no changes are made
o A plan review is required if an operator:
 constructs or uses a vehicle that has never been licensed by the Division;
 uses a vehicle that has been closed for more than one year; or
 uses a vehicle that has been remodeled;
o Plan review requires:
 a plan of the vehicle with equipment labeled;
 a sample menu;
 a side photograph of the vehicle showing the wheels and open service window;
and
 the water/sewer or commissary location;
 Apply for a license and pay the license fee;9
o A $50 application fee is paid in addition to license fees ($347 annual and $178.50 half
year fee) when making an application for a new or change of ownership license; and
 Schedule and pass the licensing inspection;10
o All new licensees are required to pass a sanitation and safety inspection prior to
opening.
Once licensed, Division personnel have the right to inspect MFDVs as often as necessary for
enforcement of the provisions of law and rule, and for the protection of the public’s health, safety, and
welfare.11
The Division is required, upon proper finding, to immediately issue an order to close a licensed public
food service establishment in the instance of a severe and immediate public health or safety or welfare
threat.12
Preemption
The regulation of public food service establishments is preempted to the state. This does not preempt
the authority of a local government or local enforcement district to conduct inspections for compliance
with the Florida Building Code and the Florida Fire Prevention Code. 13
The regulation of MFDVs involving licenses, registrations, permits, and fees is preempted to the state.
A municipality, county, or other local government entity is prohibited from:14
 Requiring a separate license, registration, or permit beyond those established by DBPR as a
condition for the MFDV’s operation within the jurisdiction;
 Requiring a separate fee beyond those established by DBPR as a condition for the MFDV's
operation within the jurisdiction; or
 Prohibiting MFDVs from operating within the entirety of the entity’s jurisdiction.
The MFDV preemption may not be construed to affect a municipality, county, or other local
governmental entity’s authority to regulate the operation of MFDVs other than the regulations included
in the preemption.
7 Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants – Guide to Mobile Food
Dispensing Vehicles, http://www.myfloridalicense.com/DBPR/hotels -restaurants/licensing/mfdv-guide/ (last visited Feb. 15, 2023).
8 R. 61C-1.002(5)(c), F.A.C.
9 R. 61C-1.008(4), F.A.C.
10 R.61C-1.008(3), F.A.C.
11 S. 509.032(2)(b), F.S.
12 S. 509.035, F.S.
13 S. 509.032(7), F.S.
14 S. 509.102, F.S.
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 The preemption does not apply to any port authority, aviation authority, airport, or seaport. 15
Sanitation Rules
The Division is required to adopt and enforce sanitation rules to ensure the protection of the public from
food-borne illness in those establishments it licenses. These rules must provide the standards and
requirements for obtaining, storing, preparing, processing, serving, or displaying food in public food
service establishments, approving public food service establishment facility plans, conducting
inspections for compliance with sanitation regulations, cooperating and coordinating with the
Department of Health in epidemiological investigations, and initiating enforcement actions, and for other
such responsibilities deemed necessary by the Division.16
Effective November 1, 2019, the Division has adopted the 2017 Food and Drug Administration (FDA)
Food Code (Food Code), which establishes practical, science-based guidance and enforceable
provisions for reducing risk factors known to cause or contribute to foodborne illness. 17
The Food Code is a model for safeguarding public health and ensuring food is unadulterated and
honestly presented when offered to the consumer. It represents FDA's best advice for a uniform system
of provisions that address the safety and protection of food offered at retail and in food service. This
model is offered for adoption by local, state, and federal governmental jurisdictions for food service,
retail food stores, or food vending operations.18
The Food Code provides a plan review and inspectional guide for “mobile food establishments” based
on the mobile unit's menu and operation. Mobile units range in type from push carts to food preparation
catering vehicles. The guide provides a matrix of requirements that a mobile food establishment must
follow based on the type of food that is available for sale to the consumer. This includes requirements
for “time/temperature control for the safety of food”19 that is prepared on board a mobile food
establishment.20
Commissary Services Registry
DBPR defines “commissary” to mean “a licensed public food service establishment, which is utilized by
a MFDV for the purpose of providing all required support services, including potable water and
wastewater disposal that are not available on the mobile food dispensing vehicle.” 21
Operators of public food service establishments that provide commissary services are required to
maintain a daily registry verifying that each MFDV that receives such services is properly licensed.
Each MFDV operator must permanently affix in a prominent place on the side of the vehicle, in figures
at least 2 inches high and in contrasting colors from the background, the operator’s public food service
establishment license number. Prior to providing commissary services, each public food service
establishment must verify that the license number displayed on the vehicle matches the number on the
vehicle operator’s public food service establishment license. 22
Mobility Requirements
15 Id.
16 S. 509.032(2)(d), F.S.
17 R. 61C-1.001(12), F.A.C.
18 U.S. Public Health Service, FDA Food Code 2017, p. 327, http://www.myfloridalicense.com/dbpr/hr/statutes/documents/2017-
FDA-Food-Code.pdf (last visited Feb. 16, 2022).
19 "Time/temperature control for safety food" is defined in chapter 1 of the Food Code as a food that requires time/temperature control
for safety (TCS) to limit pathogenic microorganism growth or toxin formation.
20 U.S. Public Health Service, FDA Food Code 2017, p. 754, http://www.myfloridalicense.com/dbpr/hr/statutes/documents/2017-
FDA-Food-Code.pdf (last visited Feb. 23, 2023).
21 R. 61C-1.001(8), F.A.C.
22 S. 509.101(3), F.S.
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 Current law describes MFDVs as “mounted public food service establishments which are self-propelled
or otherwise movable from place to place…”23 DBPR’s Guide to Mobile Food Establishments (Guide)
provides that an MFDV license is a vehicle mounted food service license where the vehicle has
adequate hand washing and dishwashing facilities, food protection, refrigeration, power and plumbing
system. The Guide provides that an MFDV operator performs food service activities inside the vehicle
like food storage, cooking or preparation of food and dishwashing. 24
According to the Guide, one of the basic requirements for obtaining an MFDV license is to be a vehicle,
and to be mobile. In order to be mobile, the Guide provides that “a side photograph of the vehicle
showing its wheels and open service window must be submitted at time of application.”25
Ghost Kitchens
Ghost kitchens, also known as dark kitchens or virtual restaurants, are shared commercial kitchens
optimized for food delivery service. Ghost kitchens are typically located in areas with a high
concentration of delivery demand. The kitchens don’t have a storefront and the staff prepares dishes off
of their menus that are only available for delivery. By eliminating the dining room and the wait-staff, this
allows food businesses to save on overhead costs by utilizing the shared kitchen model. 26
Unlike a restaurant with a physical location, ghost kitchen customers do not know exactly where the
food is coming from. This may pose a health concern. The Food Code is used to regulate ghost kitchen
establishments; however, the Food Code mentions the regulation of Mobile Food Establishments, but
not ghost kitchens or similar structures. Ghost kitchens that are not mobile may fall outside of the
regulations.27
Ghost kitchens became popular in 2020 during the COVID-19 pandemic, when restaurants were shut
down due to restrictions, or business volume slowed significantly due to low numbers of patrons being
allowed in restaurants.28 Throughout the pandemic, the delivery-only virtual brand model grew, and
through much of 2022 it continued to grow.29 As a result, venture capitalists invested heavily in the
model, which allows access by established restaurant chains and new food entrepreneurs.30 Recently,
due to operational and permitting issues, a few major restaurant chains and provider platforms have
reduced their investments in the shared kitchen model. As a result, some of the companies are shifting
toward more conventional restaurant development plans.31
The U.S. online food delivery market size attained a value of $18.5 billion in the year 2020. The market
is further expected to grow between 2023 and 2028 to reach a value of almost $33.7 billion by 2026.32
However, a recent survey of nearly 1,600 Americans shows that consumers are chan