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Licensing & compliance

How to Get a Food License in Florida: FDACS vs. DBPR, and Which One You Need

The hardest part of getting licensed in Florida is figuring out who licenses you. Once you know the agency, the process is short.

10 min read

Almost everyone starting a food business in Florida runs into the same wall: you search “Florida food license” and get two different state agencies, a county health department, and a federal registration page, all of which look like they might apply to you. The confusion isn’t your fault. Florida genuinely does split food oversight across several agencies, and which one you deal with depends less on your business name than on what you make and who eats it.

Here is the map.

The short version

  • FDACS (Florida Department of Agriculture and Consumer Services), Division of Food Safety: food that is packaged, processed, or sold for later consumption. Bakeries selling packaged goods, food manufacturers and processors, retail food stores, bottled beverages, dairy and frozen desserts.
  • DBPR (Department of Business and Professional Regulation), Division of Hotels and Restaurants, covering public food service establishments: restaurants, cafés, caterers, and food prepared for immediate consumption on or off premises. Mobile food dispensing vehicles are licensed here too.
  • Florida Department of Health / county health departments: food service in specific institutional settings such as schools, childcare, and healthcare facilities, plus some temporary event food service.
  • FDA: federal facility registration and product-specific rules (juice HACCP, acidified and low-acid canned foods, labeling) layered on top of the state permit.

If you run a bakery

A bakery that produces packaged baked goods (for wholesale accounts, farmers markets, online orders, or retail shelves) is a food establishment permitted by FDACS. You’ll apply for a food permit through the Division of Food Safety, and the permit type depends on your activity: a food processing plant or manufactured food permit if you’re producing packaged product, a retail food store permit if you’re selling directly from a storefront with packaged goods.

A bakery café with seating, coffee service, and plated items sold for immediate consumption starts to look like a DBPR public food service establishment instead. Plenty of bakeries hold both licenses.

If you make cold-pressed juice or smoothies

Juice is where the layers stack up. If you are bottling juice and selling it packaged (at markets, in coolers, to wholesale accounts), you’re a food processor and will be permitted by FDACS. On top of that sits the FDA’s Juice HACCP regulation, which applies to processors who package juice for sale to others and requires a written hazard analysis and control plan.

If you blend a smoothie and hand it across the counter to be drunk right there, that’s food service and looks like DBPR. Retail juice made and sold directly to the consumer is generally outside the HACCP requirement, but unpasteurized juice carries its own warning statement requirement when it’s sold packaged.

Practical takeaway: the moment your juice goes into a bottle with a label for someone to take home, plan on a licensed facility, a processing permit, and a HACCP plan. More on building this kind of brand in how to start a cold brew or juice brand.

If you make ice cream or frozen desserts

Frozen desserts sit under FDACS, which also handles dairy oversight in Florida. Producing ice cream, gelato, or frozen custard for packaged sale typically means a frozen dessert or dairy-related permit and inspection of the production facility. A scoop shop serving cones to walk-in customers is closer to a DBPR food service establishment. If you manufacture and scoop, ask both agencies: the answer depends on your specific setup.

There is no version of a legal ice cream business that runs out of a home kitchen in Florida. Frozen desserts are excluded from the cottage food exemption, so a permitted commercial kitchen is the entry ticket.

If you roast coffee or bottle cold brew

Coffee roasting and packaging roasted beans is food manufacturing: FDACS. Bottling ready-to-drink cold brew is also food processing, and the regulatory weight depends on the product: a refrigerated, short-shelf-life cold brew is a different problem from a shelf-stable canned cold brew, and anything shelf-stable and low-acid can pull you into the FDA’s acidified or low-acid canned food requirements, including a filed scheduled process. Adding dairy raises the bar again.

Start refrigerated and short-dated. It is dramatically simpler, and it is how most cold brew brands begin.

If you cater

Caterers are public food service establishments licensed by DBPR, and Florida requires catering to be produced in a licensed facility. A dessert caterer working out of a shared commercial kitchen is a common and completely normal arrangement.

The actual application process

Whichever agency you land on, the sequence is broadly the same:

  1. Form your business entity and get an EIN. Register the entity with the Florida Division of Corporations and get a federal EIN from the IRS. Both are quick and cheap.
  2. Register for Florida sales tax with the Department of Revenue if you’ll be selling taxable items, and get your local business tax receipt from your city or county.
  3. Secure your production location. The permit is tied to a physical facility. This is the step where a shared commercial kitchen saves you months: the facility already exists, is already built to code, and already has the sinks, surfaces, and equipment an inspector expects.
  4. Get your food safety certification. Depending on your operation you may need a certified food protection manager credential (an ANSI-accredited exam such as ServSafe) and food handler training for anyone working with you.
  5. Submit the permit application to FDACS or DBPR with your facility information, product list, and fee.
  6. Pass inspection. An inspector visits the facility, reviews your process, and issues the permit. Fix anything cited and move on.
  7. Layer on federal requirements where they apply: FDA food facility registration, juice HACCP, acidified food requirements, and labeling compliance.

What a shared kitchen does and doesn’t do for you

A licensed shared kitchen gives you a permitted, inspected facility to produce in, which removes the biggest obstacle and the biggest expense. What it does not do is license your business. You still hold your own permit for the products you make, your own certification, and your own insurance. Any facility that tells you that you can simply operate under their license is giving you advice that will not survive an inspection.

The realistic order of operations: choose your kitchen first, because you need a facility address for the application, then apply for your permit with that address on it.

Start your application

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