Florida is one of the few states where farmers market food permits run through state agencies instead of your county health department, and which agency you deal with depends on what you sell. Prepared food goes through one agency, packaged food through another, and cottage food needs no permit at all. Here's how Florida's setup works and which path is yours.
The short version: Florida splits market food between two state agencies. Prepared and ready-to-eat food is licensed by DBPR (the Division of Hotels and Restaurants), with temporary event licenses running $91 for 1 to 3 days, $105 for 4 to 30 days, or $456 for an annual license. Pre-packaged processed food goes through FDACS (the Department of Agriculture). Cottage food (home-baked goods, jams, candy) needs no state permit and has a generous $250,000 sales cap. Almost everyone needs a free Florida sales tax certificate. Unlike most states, Florida handles this at the state level, not the county.
The goal is getting cleared to sell. Once you are, a Homegrown storefront ($10/month, 0% commission) makes taking Florida orders, pickups, and payments easy.
In most states, you call your county health department to sell at a farmers market. Florida is different. Food vendors here are regulated by state agencies, and which one depends on your product:
If you sell only pre-packaged, shelf-stable items with no preparation (sealed chips, candy, bottled drinks), you may be exempt from DBPR licensing entirely. Knowing which agency governs your product is the first move.
If you serve prepared food, the DBPR temporary event license is priced by duration:
You apply through the state's online portal at myfloridalicense.com. If you do markets year-round, the annual license usually beats buying event licenses over and over.
Florida's cottage food law is generous. You need no state permit or license to sell home-produced non-perishable foods (baked goods, jams and jellies, candy, dried mixes), and the annual sales cap is $250,000, one of the highest in the country. You can sell at farmers markets, roadside stands, and flea markets.
Two rules trip people up. You can't have employees (you sell the products yourself), and cottage food samples must be pre-packaged, since DBPR considers home-prepared food "not from an approved source" for licensing. So cottage food vendors operate purely under the statutory exemption rather than a license. For the full rules, see our Florida cottage food law guide and our walkthrough on how to start a cottage food business in Florida.
Separate from any food permit, if you make taxable sales you need a Florida Annual Resale Certificate / sales tax registration from the Florida Department of Revenue. It's free, and cottage food vendors need it too, since tax registration is separate from the food exemption.
Cottage food samples in Florida must be pre-packaged. There's no open sampling of home-produced food, because it isn't from a DBPR-approved source. DBPR-licensed vendors follow standard food safety rules for sampling. If samples matter to your sales, plan around the pre-packaged requirement.
Start at the official sources for your track:
It depends on your product. Prepared food needs a DBPR temporary event license ($91 to $456). Pre-packaged processed food goes through FDACS. Cottage food needs no state permit. Vendors selling only sealed shelf-stable items may be exempt from licensing. Almost everyone needs a free sales tax certificate.
No. Florida cottage food operators need no state license or permit and can sell up to $250,000 a year. You must sell the products yourself (no employees) and keep any samples pre-packaged.
Florida regulates market food at the state level through DBPR and FDACS, rather than through county health departments like most states. That means you deal with a state agency, and which one depends on whether your food is prepared or pre-packaged.
A DBPR temporary event license is $91 for 1 to 3 days, $105 for 4 to 30 days, or $456 annually. Cottage food vendors pay nothing for a food permit because none is required.
Yes, if you make taxable sales. The Florida Department of Revenue registration is free and separate from any food permit, so cottage food vendors need it too.
Florida keeps it at the state level: prepared-food vendors get a DBPR event license, packaged-food vendors go through FDACS, and cottage food vendors need no permit at all under a generous $250,000 cap. Get the free sales tax certificate either way, and keep cottage food samples pre-packaged. Once you're set to sell, a simple storefront makes pickups and payments easy. Set up a Homegrown storefront for $10/month at 0% commission, and check other states on our cottage food laws by state hub, or compare every state in our farmers market vendor permits by state guide.
*This guide is general information, not legal advice. Permit rules change. Verify current requirements with DBPR, FDACS, and the Florida Department of Revenue before selling. Last updated: June 2026.*
