CS/CS/SB 752 (Calatayud) preempts the regulation of licenses, registrations, permits and fees for temporary commercial kitchens to the state. 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. The bill requires an operator of a public food service establishment who provides commissary services to a temporary commercial kitchen to maintain a registry to verify that each temporary commercial kitchen that receives such services is properly licensed. Also, the bill requires the operator of a temporary commercial kitchen to properly display its public food service establishment license number to assist the public food service establishment in verifying the licensure of the temporary commercial kitchen. The bill allows a mobile food dispensing vehicle or temporary commercial kitchens operated on the same premises of a separately licensed food service establishment to operate during the same hours of operation as the separately licensed food service establishment. Generally, temporary commercial kitchens may not operate in one location for longer than 30 consecutive days. However, the bill allows a licensed food service establishment to operate a temporary commercial kitchen as follows:

•On site for the purpose of supplementing its kitchen operations for 60 consecutive days, with an additional 60-day extension.

•During a period of renovation, repair or rebuilding, on site or off premises within line of sight not exceeding 1,320 feet from the licensed permanent food service establishment, for 120 consecutive days. An extension may be granted if the licensed permanent food service establishment demonstrates that additional time is necessary to complete the renovation, repair or rebuilding.

•If a licensed permanent food service establishment is rendered uninhabitable because of a natural disaster, the establishment may operate a temporary commercial kitchen on site or nearby as reasonably practicable to the establishment’s location, subject to notification to DBPR every 90 days. 

Effective date: July 1, 2023. (Taggart)