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Board of County Commissioners Meeting Minutes - Final <br />May 6, 2025 <br />food trucks were permitted to operate in certain areas, as permitted by the <br />current Statute. Additionally, there could not be a permit or license fee. The <br />temporary use permit must be included in the review to ensure staff were on the <br />same page regarding what needed to be examined and to ensure the Ordinance <br />complied with the State Statute. <br />Mr. Balter mentioned that he would return to the Board in about a month with his <br />research and options for consideration. Any proposed changes would need to be <br />submitted to the Planning and Zoning Commission, adding an additional two <br />months to the process before returning to the Board. Overall, the timeline was <br />estimated at three months, including public notice requirements and two public <br />hearings. <br />County Attorney Jennifer Shuler remarked that food trucks could not be zoned <br />out of existence and that local governments must allow them to operate. She <br />highlighted the importance of adhering to State Statutes, specifically mentioning <br />that State preemption prevents local entities from imposing licenses, registrations, <br />permits, or fees for food truck operations. Additionally, local governments could <br />not prohibit food trucks from operating within their jurisdiction. According to the <br />2024 Florida Statutes, the regulation of mobile food dispensing vehicles and <br />temporary commercial kitchens was a State responsibility, and local regulations <br />must align accordingly. <br />Stephanie Smith, owner of OTG, stated that she had faced challenges primarily <br />related to communication with Code Enforcement. For two years, food trucks in <br />her parking lot had enhanced the customer experience without any complaints. <br />However, the recent closure of the trucks resulted in a $5,000 revenue loss. She <br />noted that after being misled by Code Enforcement about a permit for flags, she <br />removed them, only to be told that the food trucks could not operate due to Code <br />Enforcement's decision. <br />Mr. Jones stated he would not be able to wait 3 months and felt the situation was <br />discriminatory. He mentioned it had been about two and a half weeks, and the <br />recent location change had resulted in a significant loss in revenue, and the money <br />spent on advertising to inform customers about the change. <br />Following additional discussions, the Board agreed to reassess the County's <br />regulations regarding food trucks. The objective was to find a balance that <br />supported local entrepreneurs while also ensuring adherence to health and safety <br />regulations. The Board decided to direct staff to research and develop a model <br />Ordinance consistent with State Statute for food truck operations. <br />Indian River County, Florida Page 17 <br />