County directs staff to review food-truck rules after disputed citation; staff to return with options

The Indian River County Board of County Commissioners voted unanimously on May 6 to direct staff to review county rules, state law and ordinances affecting mobile food vendors and to return with recommended options. Commissioners asked staff to examine how other jurisdictions handle mobile vendors and to prepare a model ordinance or guidance that complies with Florida preemption law.

The directive followed a public comment period and a presentation by the owner and operator of a mobile food operation who said the vendor had been cited and effectively prevented from operating at a long-standing parking-lot location. Speakers at the meeting described apparent inconsistent enforcement across the county and asked for clearer rules that would permit responsible mobile vendors to operate while protecting public health and neighborhood expectations.

Staff told commissioners the review could be completed in about a month and that any ordinance revisions would then go to the Planning & Zoning Commission (typically two hearings) before returning to the board, a process staff estimated would take roughly three months in total. Staff also noted the state preemption language in statute (2024 Fla. Stat. 509.102) prevents localities from imposing licensing, registration, permit or fee requirements that conflict with state law, and prevents prohibition of mobile food dispensing vehicles across an entire jurisdiction.

The board's direction asked staff to prepare options that align with state law, clarify where vendors may operate (for example, at special events, as accessory to business employee lunches, within planned developments, or at county parks), and identify code changes needed to remove fees or permit requirements that conflict with state law. Commissioners also asked staff to consider a simple informational guide for vendors while the ordinance review proceeds.

Several vendors and a business owner whose operation was cited addressed the board during public comment, describing the economic impact of enforcement and urging a clear, predictable set of rules that would allow mobile vendors to serve local customers. The board did not change the code at the meeting; the action was a direction to staff to draft options for board consideration.