Overview

This industry comprises businesses primarily engaged in providing food services from motorized vehicles or nonmotorized carts.

Business types included in this category:
  • Mobile Food Services

    This industry comprises establishments primarily engaged in preparing and serving meals and snacks for immediate consumption from motorized vehicles or non-motorized carts. The establishment is the central location from which the caterer route is serviced, not each vehicle or cart. Included in this industry are establishments primarily engaged in providing food services from vehicles, such as hot dog carts and ice cream trucks.

General Considerations

Before starting a business, you probably will need to register with the Florida Department of State, the Internal Revenue Service and the Florida Department of Revenue when you are ready to move forward. After completing these steps, you will need to get a license from one of these Florida agencies:

  • Department of Agriculture and Consumer Services – Mobile food vendors and food establishments that sell prepackaged food such as cookies, potato chips, sandwiches, hot dogs; prepackaged and portioned novelties such as ice cream sandwiches and frozen yogurt bars; fresh squeezed juices; bulk dispensing of non-potentially hazardous food such as popcorn, shaved ice, cotton candy, churros, pretzel and candy apples; and fish products without processing such as head or off shrimp.
  • Department of Business and Professional Regulation – Most hot dog carts and mobile food dispensing vehicles that prepare food.
  • Department of Health – Mobile food units that operate on institutional property or use a commissary that is licensed by the Department of Health.

All mobile food vendors require the use of a commissary.  A commissary is an approved facility that provides the necessary support services for the mobile food operation.  Support services include: obtaining potable water from an approved source, disposing of waste water and solid waste, cleaning and sanitizing utensils and equipment, storing food, storing single service items and other supplies and preparing food.

Business owners in this category may also wish to explore assistance offered by the Florida Department of Economic Opportunity.

Get Started

The following represents your interactive licensing checklist for this business category. Select the expandable blue bars below for more information on the specific licenses, permits or registrations that may be required to open your business. We have also included a printable version of the following checklist available at the top of this page for your convenience.

Register your business with the Department of State

Department of State

The Florida Department of State’s Division of Corporations serves as the state’s central depository for a number of commercial activities. These activities include a variety of business entity filings, trade and service mark registrations, federal lien recordings, judgment lien filings, uniform commercial code financing statements, fictitious name registrations, notary commissions, and cable and video service franchises.

To file a complaint regarding a business or person licensed by this agency, please see their website.  To obtain this agency’s public records, visit: https://www.dos.myflorida.com/offices/general-counsel/public-records-requests/.

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Agency Introduction

The Department of State (DOS) is where you register your business. You can search and access filed information for corporations, limited liability companies, limited partnerships, general partnerships, trademarks, fictitious name registrations and liens. Also, electronic filing and certification can be processed via the Department’s website.


Apply for your Employer Identification Number (EIN)

Internal Revenue Service

The Internal Revenue Service (IRS) is the nation’s tax collection agency and administers the Internal Revenue Code enacted by Congress.

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Agency Introduction

If you are required to report employment taxes or give tax statements to employees, you need an Employer Identification Number (EIN) to send with all items you report to the Internal Revenue Service (IRS) or Social Security Administration. If you do not intend to hire others, you may skip this step.


Register your business with the Department of Revenue

Department of Revenue

The Florida Department of Revenue administers three programs: general tax administration, property tax oversight and child support. The general tax administration program works with Florida businesses that are required to register for, collect, report and remit the taxes and fees administered by the Department.

The Department also manages the State of Florida’s New Hire Reporting Center. Federal and state laws require employers to report newly hired, re-hired and temporary employees within 20 days of an employee’s start date. This information is used to assist the Department’s child support program with child support orders. The employment information reported through the state’s New Hire Reporting Center is also used to detect and prevent public assistance and reemployment assistance fraud.

For additional information, please visit floridarevenue.com.

To file a complaint regarding a business or person licensed by this agency, please see their website.  To obtain this agency’s public records, visit:https://floridarevenue.com/opengovt/Pages/default.aspx.

 

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Agency Introduction

A business owner or contractor may need to register for, collect, report and/or remit one or more of the taxes, fees and licenses administered by the Florida Department of Revenue. This is dependent on the structure of a business, the activities of a business, and whether the business hires employees. In addition, businesses must report newly hired, re-hired and temporary employees through the State of Florida’s New Hire Reporting program managed by the Florida Department of Revenue.


Reporting Employment Information

The Department manages the State of Florida’s New Hire Reporting Center. Federal and state laws require employers to report newly hired, re-hired and temporary employees within 20 days of an employee’s start date. The Department’s Child Support program utilizes employment information and employer cooperation to assist with child support order compliance. The reported employment information through the state’s New Hire Reporting Center is also used to detect and prevent public assistance and reemployment fraud.

  • New Hire Reporting Registration
  • Working with the Child Support Program

Visit: https://servicesforemployers.floridarevenue.com/Pages/home.aspx

Business Taxes, Fees and Surcharge

Businesses in this category may be required to register for, collect, report and/or remit one or more of the following taxes and fees.

  • Corporate Income Tax Liability
  • Reemployment Tax Registration
  • Sales and Use Tax Registration
  • Discretionary Sales Surtax (local option county taxes)

Visit: https://floridarevenue.com/taxes/Pages/default.aspx

Apply for a food establishment permit from the Department of Agriculture and Consumer Services

Department of Agriculture and Consumer Services

The Florida Department of Agriculture and Consumer Services (FDACS) supports and promotes Florida agriculture, protects the environment, safeguards consumers, and ensures the safety and wholesomeness of food.  FDACS licenses and inspects various businesses and professions in Florida, such as bakeries, milk producers, weights and measurements, pesticide dealers, oyster harvesting, pre-packaged food sales, beekeepers and travel agents, among others. A variety of different businesses may need to coordinate with FDACS to obtain applicable licenses, registrations and/or permits.

To file a complaint regarding a business or person licensed by this agency, please see their website.  To obtain this agency’s public records, visit: https://fdacs.mycusthelp.com/WEBAPP/.

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Agency Introduction

This agency permits mobile food units that derive most of their business from selling only prepackaged foods or non-potentially hazardous food items.


  • Food Establishment Permit

Visit: https://www.fdacs.gov/Divisions-Offices/Food-Safety

Apply for a license from the Department of Business and Professional Regulation

Department of Business and Professional Regulation

The Florida Department of Business and Professional Regulation (DBPR) is the agency charged with licensing and regulating businesses and professionals in Florida. A variety of businesses will need to coordinate with DBPR to obtain applicable licenses, registrations and/or permits.

To file a complaint regarding a business or person licensed by this agency, please see their website.  To obtain this agency’s public records, visit: https://www2.myfloridalicense.com/instant-public-records/.

 

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Division of Hotels and Restaurants

This division licenses, inspects and regulates public food service establishments in Florida. These include mobile food dispensing vehicles (food trucks), hot dog carts, theme park carts and temporary food service events. Basically, mobile food trucks can be considered full restaurants on wheels, and hot dog carts are more limited.

Mobile food dispensing vehicles and hot dog carts usually require a plan review and inspection before a license is approved, so be sure to leave time for these processes.

Unlike other food service licenses, temporary event licenses are issued on site at the event.

Effective 6/30/2020, The Occupational Freedom and Opportunity Act per Chapter 509.102 Florida Statutes made the following changes to Mobile Food Dispensing Vehicle (Food Truck) business licensing within the State of Florida: A municipality, county or other local government may not require a business license or fee in addition to a State of Florida issued business license as a condition for the operation of a mobile food dispensing vehicle within their jurisdiction. Furthermore, a municipality, county or other local government entity may not prohibit mobile food dispensing vehicles from operating within the entirety of their jurisdiction. Please note: this does not affect a municipality, county or other local government entity’s authority to regulate the operation of mobile food dispensing other than as explained above. This section does not apply to any port or aviation authority, airport, or seaport.

  • Mobile Food Dispensing Vehicle (Food Truck) License
  • Hot Dog Cart License
  • Theme Park Food Cart License
  • Temporary Food Service Vendor License
  • Plan Review

Visit: https://www.myfloridalicense.com/intentions2.asp?chBoard=true&boardid=200&SID=

Apply for a food sanitation certificate from the Department of Health

Department of Health

The Florida Department of Health, nationally accredited by the Public Health Accreditation Board, works to protect, promote & improve the health of all people in Florida through integrated state, county, & community efforts.  The department’s goal is to be the healthiest state in the nation through innovation, collaboration, accountability, responsiveness and excellence.

To file a complaint regarding a business or person licensed by this agency, please see their website.  To obtain this agency’s public records, visit: http://www.floridahealth.gov/about/sunshine-info/public-records-requests/index.html.

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Agency Introduction

The Department of Health works with food service establishments to ensure their products are not a source of foodborne illness. Generally this includes food service operations located in institutional settings (such as schools, assisted living facilities, detention facilities, adult day cares, etc.), civic and fraternal organizations, bars and lounges that do not prepare food, and theaters that limit their food service to items customarily served at theaters (such as beverages, popcorn, hot dogs and nachos).


Explore assistance from the Department of Economic Opportunity (optional)

Department of Commerce

In collaboration with our partners, the Florida Department of Economic Opportunity (DEO) assists the Governor in advancing Florida’s economy by championing the state’s economic development vision and by administering state and federal programs and initiatives to help visitors, citizens, businesses, and communities.

To file a complaint regarding a business or person licensed by this agency, please see their website.  To obtain this agency’s public records, visit: https://floridajobs.org/about-us/who-we-are-and-what-we-do/requests-for-public-records.

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Agency Introduction

The Department of Economic Opportunity (DEO) utilizes public and private sector expertise to attract, retain and grow businesses and create jobs in Florida. It also provides valuable resources for businesses and entrepreneurs; assistance with recruiting workers; and statistical information regarding Florida businesses and employment. Your business may qualify for various state or federal assistance.


  • Assistance Programs

Visit: http://www.floridajobs.org/

Additional Local Government Information

County Business Requirements

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Explore Federal Licensing Considerations

Federal Business Requirements

In addition to state and local licensing, many business activities are also regulated by federal agencies.  Businesses within this category may also be required to obtain additional federal licenses, permits, registration, etc. depending on your specific business activities.  It is recommended that you consult with a professional (e.g., attorney, CPA, SBA, etc.) to ensure you meet all requirements before starting your business.  The U.S. Small Business Administration is an excellent resource for potential and current business owners seeking assistance navigating federal licensing requirements.  For more information on the Federal Government, please visit www.usa.gov.

In most cases, you will need not need a license to import or export services or goods into or from the US.  However, international transfer of certain goods may require a license, permit or certification.  All items are subject to export control laws and regulations.  For more information, please visit USA.gov’s importing and exporting page.

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Disclaimer: The State of Florida operates OpenMyFloridaBusiness.gov as a public service to Florida residents and visitors worldwide. While efforts were made to verify that the content of this website is accurate and comprehensive, it is recommended that you consult with a professional (e.g., attorney, CPA, SBDC, etc.) to ensure you meet all requirements before starting your business. OpenMyFloridaBusiness.gov is not responsible for the content of external websites.