Bill Text: FL S0752 | 2023 | Regular Session | Enrolled
Bill Title: Temporary Commercial Kitchens
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Passed) 2023-05-12 - Chapter No. 2023-48 [S0752 Detail]
Download: Florida-2023-S0752-Enrolled.html
ENROLLED 2023 Legislature CS for CS for SB 752 2023752er 1 2 An act relating to temporary commercial kitchens; 3 amending s. 509.101, F.S.; requiring operators of 4 public food service establishments who provide 5 commissary services to maintain a temporary commercial 6 kitchen registry; requiring temporary commercial 7 kitchen operators to display license numbers; amending 8 s. 509.102, F.S.; defining the term “temporary 9 commercial kitchen”; preempting regulation of 10 temporary commercial kitchens to the state; 11 authorizing mobile food dispensing vehicles and 12 temporary commercial kitchens in specified locations 13 to operate during certain hours; authorizing temporary 14 commercial kitchens to be used in conjunction with 15 licensed permanent food service establishments for 16 specified purposes; authorizing such operation for 17 specified timeframes; authorizing the Division of 18 Hotels and Restaurants of the Department of Business 19 and Professional Regulation to grant extensions; 20 requiring a temporary commercial kitchen to notify the 21 division within a specified timeframe of commencing 22 operation; providing construction; providing an 23 effective date. 24 25 Be It Enacted by the Legislature of the State of Florida: 26 27 Section 1. Subsection (3) of section 509.101, Florida 28 Statutes, is amended to read: 29 509.101 Establishment rules; posting of notice; food 30 service inspection report; maintenance of guest register; mobile 31 food dispensing vehicle registry.— 32 (3) It is the duty of each operator of a public food 33 service establishment that provides commissary services to 34 maintain a daily registry verifying that each mobile food 35 dispensing vehicle or temporary commercial kitchen that receives 36 such services is properly licensed by the division. In order 37 that such licensure may be readily verified, each mobile food 38 dispensing vehicle operator or temporary commercial kitchen 39 operator shall permanently affix in a prominent place on the 40 side of the vehicle or kitchen, in figures at least 2 inches 41 high and in contrasting colors from the background, the 42 operator’s public food service establishment license number. 43 Prior to providing commissary services, each public food service 44 establishment must verify that the license number displayed on 45 the vehicle or kitchen matches the number on the vehicle or 46 kitchen operator’s public food service establishment license. 47 Section 2. Present subsections (3) and (4) of section 48 509.102, Florida Statutes, are redesignated as subsections (4) 49 and (5), a new subsection (3) is added to that section, and 50 subsections (1) and(2) and present subsection (3) of that 51 section are amended, to read: 52 509.102 Mobile food dispensing vehicles; temporary 53 commercial kitchens; preemption.— 54 (1)(a) As used in this section, the term “mobile food 55 dispensing vehicle” means any vehicle that is a public food 56 service establishment and that is self-propelled or otherwise 57 movable from place to place and includes self-contained 58 utilities, including, but not limited to, gas, water, 59 electricity, or liquid waste disposal. 60 (b) As used in this section, the term “temporary commercial 61 kitchen” means any kitchen that is a public food service 62 establishment, used for the preparation of takeout or delivery 63 only meals housed in portable structures that are movable from 64 place to place by a tow or are self-propelled or otherwise axle 65 mounted, that include self-contained utilities, including, but 66 not limited to, gas, water, electricity, or liquid waste 67 disposal. Such kitchens are subject to all provisions of this 68 chapter except as may be provided herein. The term does not 69 include a tent. 70 (2)(a) Regulation of mobile food dispensing vehicles, and 71 temporary commercial kitchens, involving licenses, 72 registrations, permits, and fees is preempted to the state. A 73 municipality, county, or other local governmental entity may not 74 require a separate license, registration, or permit other than 75 the license required under s. 509.241, or require the payment of 76 any license, registration, or permit fee other than the fee 77 required under s. 509.251, as a condition for the operation of a 78 mobile food dispensing vehicle or temporary commercial kitchen 79 within the entity’s jurisdiction. A municipality, county, or 80 other local governmental entity may not prohibit mobile food 81 dispensing vehicles or temporary commercial kitchens from 82 operating within the entirety of the entity’s jurisdiction. 83 (b) Any mobile food dispensing vehicle or temporary 84 commercial kitchen that is operated on the same premises as and 85 by a separately licensed public food service establishment may 86 operate during the same hours of operation as the separately 87 licensed public food service establishment that operates such 88 mobile food dispensing vehicle or temporary commercial kitchen. 89 (3)(a) A temporary commercial kitchen may be used in 90 conjunction with a permanent food service establishment licensed 91 under this chapter for the purpose of supplementing the kitchen 92 operations of the licensed permanent food service establishment. 93 A temporary commercial kitchen may operate in this capacity as 94 follows: 95 1. On the premises of the licensed permanent food service 96 establishment for 60 consecutive days. Upon request of the 97 operator of a temporary commercial kitchen, the division may 98 grant one extension of up to 60 additional consecutive days. 99 2. During a period of renovation, repair, or rebuilding, on 100 the premises of the licensed permanent food service 101 establishment or off the premises within the line of sight of, 102 and not to exceed 1,320 feet from, the licensed permanent food 103 service establishment for 120 consecutive days. The division may 104 exercise discretion to grant an additional extension of time 105 upon a reasonable and reliable demonstration by the licensed 106 permanent food service establishment that additional time is 107 needed to complete the renovation, repair, or rebuilding. 108 (b) If a permanent food service establishment licensed 109 under this chapter, or the land upon which that establishment is 110 sited, is rendered uninhabitable due to a natural disaster that 111 is the subject of a declared state of emergency, a temporary 112 commercial kitchen may operate on the premises of, or as near as 113 reasonably practicable to, the location of the licensed 114 permanent food service establishment. A temporary commercial 115 kitchen may operate in this capacity only during the period of 116 repair and rebuilding of the permanent establishment with which 117 it is associated. The operators of a temporary commercial 118 kitchen operating in this capacity must notify the division of 119 the kitchen’s location and renew the notification every 90 days 120 for the duration of its operation. 121 (c) Except as authorized under paragraphs (a) and (b), a 122 temporary commercial kitchen may not operate in one location for 123 longer than 30 consecutive days. The operators of a temporary 124 commercial kitchen must notify the division within 48 hours 125 after commencing operation in a location. 126 (4)(3)This section may not be construed to affect a 127 municipality, county, or other local governmental entity’s 128 authority to regulate the operation of mobile food dispensing 129 vehicles or temporary commercial kitchens other than the 130 regulations described in subsection (2). 131 Section 3. This act shall take effect July 1, 2023.