The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Rules
BILL: CS/CS/SB 752
INTRODUCER: Commerce and Tourism Committee; Regulated Industries Committee; and Senator
Calatayud
SUBJECT: Temporary Commercial Kitchens
DATE: April 18, 2023 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Oxamendi Imhof RI Fav/CS
2. Baird McKay CM Fav/CS
3. Oxamendi Twogood RC Favorable
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/CS/SB 752 regulates temporary commercial kitchens in the same manner as mobile food
delivery vehicles (MFDVs or food trucks). The bill defines the term “temporary commercial
kitchen” to mean “any kitchen that is a public food service establishment, used for the
preparation of takeout or delivery-only meals housed in portable structures that are movable
from place to place by a tow or are self-propelled or otherwise axle-mounted, that include self-
contained utilities, including, but not limited to, gas, water, electricity, or liquid waste disposal.”
The term does not include a tent.
Temporary kitchens are typically used when fixed kitchens are unavailable, e.g., when damaged
by a fire, or during remodeling, when extra kitchen space is needed, and for catering at events.
Temporary kitchens may also be used after a natural disaster, such as a hurricane. Temporary
kitchens are contained in a variety of modular structures, such as portable cabin structures,
modular buildings, towed trailers, or standard freight containers.
The bill:
 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;
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 Requires operators of temporary commercial kitchens to properly display their public food
service establishment license number to assist the public food service establishment to verify
the licensure of the temporary commercial kitchens;
 Preempts regulation of licenses, registrations, permits, and fees for temporary commercial
kitchens to the state; and
 Authorizes MFDVs and temporary commercial kitchens that are operated on the same
premises of a separately licensed public food service establishment to operate during the
same hours of operation as the separately licensed public food service establishment.
The bill additionally allows a licensed permanent food service establishment to operate a
temporary commercial kitchen:
 On site for the purpose of supplementing the kitchen operations for 60 consecutive days, with
one potential 60 day extension;
 On site or nearby during a period of renovation, repair, or rebuilding, for 120 days, with
possible extension.
The bill also allows a licensed permanent food service establishment to operate a temporary
commercial kitchen on site or reasonably nearby if the establishment or land is rendered
uninhabitable due to natural disaster, with notification to DBPR every 90 days.
Except for the above circumstances, temporary commercial kitchens may not operate in one
location for longer than 30 consecutive days.
The bill takes effect July 1, 2023.
II. Present Situation:
Department of Business and Professional Regulation, Division of Hotels and Restaurants
The Division of Hotels and Restaurants (Division) within the Division of Business and
Professional Regulation (DBPR) is charged with enforcing the laws relating to the inspection and
regulation of public food service establishments for the purpose of protecting the public health,
safety, and welfare.1
Public Food Service Establishments
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
1
Section 509.032, F.S.
2
Section 509.013(5)(a), F.S.
3
Section 509.013(5)(b), F.S.
BILL: CS/CS/SB 752 Page 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.
Health and Safety
The division must 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 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; initiating enforcement actions;
and other such responsibilities deemed necessary by the division.4
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.5 The food code represents FDA's best advice for a uniform system to address the safety
and protection of food offered at retail and in food service.6
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
4
Section 509.032(2)(d), F.S.
5
Fla. Admin. Code R. 61C-1.001(12).
6
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 March 24, 2023).
BILL: CS/CS/SB 752 Page 4
consumer. This includes requirements for “time/temperature control for the safety of food”7 that
is prepared within a mobile food establishment.8
Mobile Food Dispensing Vehicles – Food Trucks
Food Trucks9 are regulated by the DBPR as a “mobile food dispensing vehicles,” (MFDV),10
which are defined as:11
…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 complete a kitchen plan review for sanitation
and safety concerns (if required).12 No plan review is required if an operator buys a vehicle
already licensed by the division and no changes have been made to the vehicle. 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.
A plan review requires:
 A plan of the vehicle with the equipment labeled;
 A sample menu; and
 A side photograph of the vehicle showing the wheels and open service window, and the
water/sewer or commissary location.
By rule, the division provides different license fees for a public food service establishment based
on the license classification for the establishment. The division’s general classifications are
nonseating and seating, which are then divided into sub-classifications.13 MFDVs are classified
under the nonseating classification. The license for an MFDV requires payment of a $50
application fee and a $347 license fee.14
7
The term "time/temperature control for safety food" is defined in chapter 1, subpart 1-201, of the food code as a food that
requires time/temperature control for safety (TCS) to limit pathogenic microorganism growth or toxin formation.
8
U.S. Public Health Service, FDA Food Code 2017, FDA Food Code Mobile Food Establishment Matrix, p. 754,
http://www.myfloridalicense.com/dbpr/hr/statutes/documents/2017-FDA-Food-Code.pdf (last visited April 3, 2023).
9
Generally, a food truck is a large wheeled vehicle from which food is sold that typically contains cooking facilities where
the food is prepared. Merriam-Webster Dictionary, Food Truck, https://www.merriam-webster.com/dictionary/food%20truck
(last visited April 3, 2023).
10
Section 509.102, F.S.
11
Section 509.032, F.S., and Fla. Admin. Code R. 61C-1.002.
12
Fla. Admin. Code R. 61C-1.002(5)(c); See also 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 April 3, 2023).
13
See Fla. Admin. Code R. 61C-1.008(4).
14
Fla. Admin. Code R. 61C-1.008(4)(a)1.
BILL: CS/CS/SB 752 Page 5
All new licensees are required to pass a sanitation and safety inspection prior to opening.15
Division personnel have the right to inspect licensed MFDVs as often as necessary to enforce the
provisions of law and rule, and for the protection of the public’s health, safety, and welfare.16
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.17
Commissary Services Registry
The DBPR defines the term “commissary” to mean “a licensed public food service
establishment, which is utilized by an 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.”18
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.19
Mobility Requirements
“Permanent nonseating establishments” are described in current law as “fixed public food service
establishments for which the sole service provided is intended as take-out or delivery, or which
do not otherwise provide accommodations for consumption of food by guests on the premises, or
premises under the control of the operator.”20
MFDVs are described in current law as “mounted public food service establishments which are
self-propelled or otherwise movable from place to place…”21 The 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 systems. The guide indicates that an MFDV operator
performs food service activities inside the vehicle like food storage, cooking or preparation of
food and dishwashing.22
15
Fla. Admin. Code R. 61C-1.002(3).
16
Section 509.032(2)(b), F.S.
17
Section 509.035, F.S.
18
Fla. Admin. Code R. 61C-1.001(8).
19
Section 509.101(3), F.S.
20
Fla. Admin. Code R. 61C-1.002(5)(a)1.
21
Fla. Admin. Code R. 61C-1.002(5)(a)2.
22
Supra note 12.
BILL: CS/CS/SB 752 Page 6
One of the requirements for obtaining an MFDV license is that the licensed location be a vehicle
and for the vehicle to be mobile.23 In order to be mobile, the DBPR requires “a side photograph
of the vehicle showing its wheels and open service window must be submitted at time of
application.”24
Preemption
The regulation of public food service establishments is preempted to the state. This preemption
does not affect 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.25
The regulation of MFDVs is also preempted to the state. A municipality, county, or other local
government entity may not:26
 Require a separate license, registration, or permit beyond those established by the DBPR as a
condition for the MFDV’s operation within the jurisdiction;
 Require a separate fee beyond those established by the DBPR as a condition for the MFDV's
operation within the jurisdiction; or
 Prohibit MFDVs from operating within the entirety of the entity’s jurisdiction.
The preemption for the regulation of MFDVs does not apply to any port authority, aviation
authority, airport, or seaport.27
Temporary Kitchens
Temporary kitchens are kitchen facilities that are typically used when fixed kitchens are
unavailable, e.g., have been damaged by a fire, or when a fixed kitchen is being refurbished,
when extra kitchen space is needed, and for catering at events.28 Providers of temporary kitchens
also market these kitchens for rent after a natural disaster, such as a hurricane.29
Temporary kitchens are contained in a variety of modular structures, such as portable cabin
structures, modular buildings, towed trailers, or standard freight containers.30
A temporary kitchen is a “public food service establishment” as defined in s. 509.013(5)(a), F.S.,
and is therefore subject to regulation by the division.
23
Fla. Admin. Code R. 61C-1.002(5)(a)2.
24
Id.
25
Section 509.032(7), F.S.
26
Section 509.102, F.S.
27
Id.
28
The Caterer, Temporary kitchens: Everything you need to know, Nov. 24, 2004,
https://www.thecaterer.com/news/foodservice/temporary-kitchens-everything-you-need-to-know (last visited April 3, 2023).
29
Mobile Kitchens USA, Affected by a Natural Disaster? Mobile Kitchens USA Can Help,
https://mobilekitchens.com/2018/04/05/affected-by-a-natural-disaster-mobile-kitchens-usa-can-help/ (last visited April 3,
2023).
30
Id. See also U.S. Mobile Kitchens, Temporary Kitchens, at: https://www.usmobilekitchens.com/mobile-
kitchens/temporary-kitchens (last visited April 3, 2023).
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Ghost Kitchens