The best part of creating a food truck business is taking an idea and turning it into a tangible asset and the process involved from creating a menu to choosing the design of your mobile unit.
In contrast, the worst part for many is navigating all the different types of licenses, permits, certificates, and insurance needed to operate. It can be especially overwhelming when you have to navigate federal, state, and local regulations at the same time as each state has its own requirements.
So if you have landed here you may be wondering what licenses do you need for a food truck in Florida?
To operate a food truck in Florida you need a General Business License from the Department of Business and Professional Regulation, a Certified Food Manager Certification and Food Handlers Card, a Mobile Food Unit Permit, and a Commisionary Letter of Agreement which is both issued by the Florida Department of Agriculture and Consumer Services (FDACS).
There are also a number of other things you need to do such as choosing a business structure, registering with the IRS, checking you have the correct driving license, and getting adequate commercial insurance.
In this article, I will take you through the process, step by step, of getting all the food truck licenses, permits, and certificates you need to operate in the state of Florida.
Contents:
Step 1: Business structure & license
The first step is choosing a name for your company and determining the structure of your food truck business, which will enable you to get a business license. There are a number of ways you can do this, each with its own requirements.
A Sole Proprietor is the simplest form of a business entity where you can operate under your own name or register with your local clerk’s office for an “Assumed Name Certificate” (DBA) which is a certificate that lets you trade under an assumed company name. You can register here at The Divisions of Corporations.
Other business structures exist such as corporations, Limited Liability Companies, Limited Partnerships, or Limited Liability Partnerships which are a little more complex to set up. If you are thinking about going with any of these options then you will need to register your food truck business with The Divisions of Corporations.
Business License
Once you have registered your company you will need to apply for a general business license to operate your food truck in Florida at the Department of Business and Professional Regulation.
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Step 2: Taxes and the IRS
Federal level
Once you have chosen a structure you need to register your food truck business at the federal level with the IRS to pay the right taxes.
If you don’t intend to employ any staff and you want to operate your food truck as a sole proprietor or independent contractor then you can register with the IRS as self-employed and use your social security number for social security and medicare tax purposes.
If on the other hand, there are more people involved in your food truck business and/or you intend to employ staff then you will need to apply to the IRS for an “Employer’s Identification Number” (EIN number). This is a number assigned to every business so it can easily be identified by the IRS for taxation, which you will also need to open a business bank account.
State Level
At the state level, you will also need to apply to the Florida Department of Revenue to register to pay tax and If you intend to employ staff or are structured as a corporation or partnership a Florida EIN.
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Step 3: Food hygiene certificates
Next up you will need food hygiene certificates to prepare, cook, and sell your products to the general public.
In the state of Florida, you need two food hygiene permits:
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Step 4: Mobile food unit permits
The next step is to apply for a mobile food vendor permit from the Florida Department of Agriculture and Consumer Services (FDACS).
This is a permit, under Florida Food Establishment Rules that allows you to sell food from a mobile unit such as a food truck, food trailer, or cart under certain conditions. An application for a mobile food vending permit can be made here.
In addition to a food truck permit, you may also need to apply separately for a Commisionary Letter of Agreement. This is an application all mobile units have to submit stating they have a fixed location facility away from the food truck which is used for servicing operations like cleaning, filling water tanks, and disposal of wastewater.
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Step 5. Food truck inspection
If you plan on preparing and processing food at a separate commisionary away from your food truck or in another food truck itself then you need to apply for an additional permit from the Florida Department of Agriculture and Consumer Services.
You should hear back within 3 – 5 business days to arrange an inspection within 2 weeks. Inspectors will check for things like the condition of your catering equipment, such as refrigeration and thermometers, and your water supply.
Important documents you should have on hand for the inspection include a Certified Food Manager Certificate and HACCP where you can show and verbalize your food operation.
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Aside from the licenses and permits, you need to operate in Florida it is worth considering what vehicle driving licenses you may need for a food truck.
According to the food truck builders M&R Speciality Trailers and Trucks, you should be able to drive a food truck with a Standard Class D driver’s license if your food truck weighs less than 26001 pounds. It’s worth noting that most food trucks have a typical weight of 1200-1600 pounds so this should suffice.
However, if your food truck exceeds a gross weight limit of 26001 pounds then you will need something called a CDL license. This is a commercial driver’s license used for driving large and heavy trucks.
If you have any questions it’s worth contacting Florida Highway Safety.
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Step 7. Insurance
To make sure you are in good legal standing and have protection for your food truck business Insurance is another important part of operating.
To drive a food truck in Florida you will need commercial insurance to cover you on the road and business liability insurance to protect you against lawsuits. Some cities in Florida will require a certificate of insurance below issuing a mobile vending permit.
There is also additional insurance coverage, which is not needed by law in Florida but you may want to consider getting one for added protection.
Types of insurance for a food truck include:
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Summary of food truck permit and license costs
Related questions
Can I cross state lines with a food truck?
This guide is for the permits and licenses needed to operate a food truck in the state of Florida
However, if you intend to cross state lines with your food truck it’s worth bearing in mind regulations differ from state to state so you will need to check the requirements of the area you will be operating in so you don’t get caught out.
For example, if you are operating as a sole proprietor you will need to register for a new DBA for every state you operate in.
Can a food truck sell alcohol in Florida?
In short food trucks cannot sell alcohol in the state of Florida as there are currently no laws that support the sale of alcohol from non-fixed locations, such as mobile catering units whether on public or private property…
Under current law, the Department of Business and Professional Regulation’only issues alcohol licenses to fixed businesses such as restaurants and bars that have been certified by the local authority
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Can I park my food truck anywhere in Florida?
Food trucks are a regulated industry which means you cannot just park anywhere.
For example, public land in towns and cities in Florida will all have its own zoning and parking laws and restrictions for commercial and non-commercial use, which means you will need to apply for a permit to park at your local town clerk’s office for places like parks and on the roadside.
On the other hand, rules differ if you park at a private food truck event hosted by an event organizer or if you want to trade on private land. In both cases, you would need to contact the event organizer or property management.
Related articles:
Key takeaway
Getting all the licenses, permits, and certificates to operate a food truck can be a bit overwhelming when you have to navigate federal, state, and local regulations. This is especially true when states and local authorities each have their own rules around what you need to do to sell food to the public from a mobile unit.
However, once you get the first couple of steps right like choosing your business structure and registering with the IRS to pay taxes the rest can be easier, especially when you have a roadmap of the steps you need to take and in which order.
So here’s a summary of the licenses, permits, and certificates you need to operate a food truck in Florida:
Gavin D is the founder of Street Food Central and Tru Foo Juice Bar Co. and has worked in the mobile catering industry for over 7 years. View all posts Gavin D rgarhgdsjkfskyuiysu@g.com
