Florida Senate - 2023                       CS for CS for SB 752
       
       
        
       By the Committees on Commerce and Tourism; and Regulated
       Industries; and Senator Calatayud
       
       
       
       
       577-03503-23                                           2023752c2
    1                        A bill to be entitled                      
    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.