Cake Decorating Community - Cakes We Bake

Hello Everyone,
 
I am please to tell you that the Florida House of Representatives have created the Florida Cottage Food Act as a bill.  This bill will be heard on Tuesday and then it goes to the next committee, than the senate and finally the Govenor.  I attached the actual bill for you to read.  The actual bill is on page 15 item 415.  I reviewed a copy of this bill last week but was not able to say anything.  Today Teddi Creamer called me to tell me the location of the bill and said it is now public.  You can follow the action being taken on this bill on the house of representatives website.  http://www.myfloridahouse.gov/default.aspx Go to Committees than to Business and Consumer Affairs, on the right hand side go to proposed committe bills (PBC) there you will find the bill that I attached.  On this page is where you can watch as the bill progresses. 
 
We all need to email the State Senate to let them know how important it is that they pass this bill, once they pass it than it will go to the govenor. 
 
Thank you to everyone that has helped and supported me to get this action going.  I am so happy I emailed the Speaker of the House because he was the one to help us make this happen. 
 
Hang in there everyone, Florida will soon be the next state with The Cottage Food Act.

 

Barbara

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Ruth,  The attachment that I included in my post shows you exactly how the label is to be printed and what it should say.  You put this label on the cake box, cake board, in the contract, on their receipt however you can apply it. 

 

Barbara

ok, thanks! i read it but wasn't sure if i needed to package the cake. usually it's just on a cake board so that's perfect! again THANK YOU SOOOOO MUCH!
FYI - Polk county needs us to fill out the "Local County Business Tax Account Application Form".  Annual tax of $57.75. I had to walk them through this when I called, but they were eager to understand the new situation. Does anyone know if we need to file a fictitous name with the state? Can't figure that one out yet.

If you are doing business as a sole proprietor “Christopher Bailey” – no fictitious name so no state filing needed.  If you are doing business as a sole proprietor “Cakes by Christopher Bailey” – that is a fictitious name and you would need to follow the fictitious name procedures with the state.  If you form a limited liability company “Cakes by Christopher Bailey LLC” and you do business under that exact name – then you would be using a legal business name – no fictitious name so no state filing needed, just the LLC filing.  An LLC provides some legal protection so you may want to consult an attorney before deciding your form of business.  If you choose an LLC and you are the only member, then you would report your business income on Schedule C on your personal tax return (single member LLCs are disregarded by IRS so no separate return is needed for the LLC).  If the LLC has 2 or more members, a tax return for the LLC will be required. With a multi-member LLC, you have a choice of entity type for tax filing purposes – consult a CPA if you form one.  My personal choice would be single member LLC.



Great info, thanks!

wanda said:

If you are doing business as a sole proprietor “Christopher Bailey” – no fictitious name so no state filing needed.  If you are doing business as a sole proprietor “Cakes by Christopher Bailey” – that is a fictitious name and you would need to follow the fictitious name procedures with the state.  If you form a limited liability company “Cakes by Christopher Bailey LLC” and you do business under that exact name – then you would be using a legal business name – no fictitious name so no state filing needed, just the LLC filing.  An LLC provides some legal protection so you may want to consult an attorney before deciding your form of business.  If you choose an LLC and you are the only member, then you would report your business income on Schedule C on your personal tax return (single member LLCs are disregarded by IRS so no separate return is needed for the LLC).  If the LLC has 2 or more members, a tax return for the LLC will be required. With a multi-member LLC, you have a choice of entity type for tax filing purposes – consult a CPA if you form one.  My personal choice would be single member LLC.



so do i have this clear? thanks to u and others we are clear to bake and sell from home in FLA- up to 15k in sales? direct consumer only and not to cafes or via the internet?  what's the next step to open it up further where it is not just isolated to direct consumer sales only and how can i help push that issue along? :)
The only limitations are No Selling on the Internet, Mail Order or Wholesale, you can sell at Farmers Markets the state won't change it because if you sell on the internet, mail order or wholesale than you have to follow the Food Establishments regulations.  Cottage Food Law is for direct to the customer via they come and pick it up or you deliver it to them.  Selling a Farmers Markets you are selling direct to the consumer.  If a business orders baked goods from you to give to their employees or to their clients you are selling direct to the business.  So you really are not isolated there are many options selling your products.
thank u so much for your time and reply- i will contact to u again shortly!
I'm confused regarding the term "business", esp. since the Cottage Act limits us to $15K per year income.  It would seem to me that if I were to bake and sell cakes as a business there would be no limit placed on the amount of the business' income.  I'm in Marion County and still unable to find anyone to contact regarding the Cottage Act requirements.  (In fact, they still have no info regarding the permit that IS required.)  I don't mind the permit that is required, but - as to why they would require a business license is beyond me.  Does anyone know of a knowledgeable government employee in Marion County that can answer our questions here?  Thanx!

     The Cottage Food Act allows a home baker to sell certain baked and other goods directly to the customer/consumer without meeting food licensing or construction/building guidelines - no license/permit is required by the Dept of Agriculture to sell cottage foods (as defined by them).  The $15K limit is imposed under this exception.   If you sell more than $15K or otherwise don't meet the cottage food guidelines, then you would not be able to sell goods baked in your home and you would be subject to the food permitting, safety, licensing, inspection & building construction requirements for regular bakeries - with a full-fledged & permitted bakery you would not have an income limit.

     The only local licensing requirement of which I'm aware would be an business occupational license for your county (and possibly city if you are also in the city limits).  An occupational license may not be required for home businesses in every county (my county does not) - your first question to the city or county should be whether an occupational license is required for a home business, and if so, they would then be able to tell you if there were additional licensing requirements for certain types of businesses.   

     As more counties & cities become familiar with the Cottage Food law, they may have impose additional licensing requirements but until that happens, I think the occupational license is all that's out there for now for most, if not all, counties/cities.

I want to file for my cake business in Miami, Fl. But I have no idea what to do and the county does not know the new information so they can not help me. Is there anyone that has filled as a business under this new law.

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