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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If someone doesn't help you on here,  you may want to try   https://www.facebook.com/#!/FloridaCottageFoodLawUpdates

This page was started so we could all help each other out. Good Luck!

Elizabeth Gotay said:

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.

Elizabeth - please look back and read my posts from 7/26 & 8/10.  The only requirement for Miami-Dade is an occupational license from the county and from the city/municipality your home business is located in - this link provides the information:  http://www.miamidade.gov/taxcollector/ol_home.asp.  Please see my 7/26 post for whether a fictitious name or other state registration is required. 



Elizabeth Gotay said:

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.

Wanda.. I read your post.. So from what I understand. I have to apply for a occupational license once I incorporate under a LLC. If I do a LLC no state fillings are needed correct? So All I need to do is a LLC and then the occupational license and the labels for the cakes and thats all right?

 

Thank you so much for your information.. I have been confused about this for months. 

Still a bit of confusion - tell me if this is more clear.  You have 3 main options for what type of business entity you work under for a home based cottage food business:  sole proprietorship, LLC or corporation. 

You stated that you wanted to be an LLC (limited liability company) - you can only be an LLC by forming an LLC under state law and paying the filing fees (also must be renewed with the state annually no later than May 1st - huge penalty if late).  This can be done at www.sunbiz.org.  You said "incorporate" the LLC but you actually just form the LLC entity under state law.  Only corporations are incorporated.

 

Once you form the LLC and have your document number and a copy of the articles of organization, you can then go to the city you live in and the county to get an occupational license for each - also renewed annually (Sept 30).

 

If you are doing business under the LLCs name, you will not need a fictitious name filing - the name of the LLC will be a legal name, so it won't be fictitious. 

 

The other requirements for your cottage food business (labeling, types of foods, where you can sell, etc.) are detailed in the Dept of Agriculture's cottage food update on their website - I think there is a link to it somewhere on this site also. 

 

Elizabeth Gotay said:

Wanda.. I read your post.. So from what I understand. I have to apply for a occupational license once I incorporate under a LLC. If I do a LLC no state fillings are needed correct? So All I need to do is a LLC and then the occupational license and the labels for the cakes and thats all right?

 

Thank you so much for your information.. I have been confused about this for months. 

Hey Wanda. I just saw the reply. Ok so basically my steps are:

 

LLC 

occupational license 

labeling

 

Thanks for all your help. You are the only one that has answered my questions.

You are welcome!!

Elizabeth Gotay said:

Hey Wanda. I just saw the reply. Ok so basically my steps are:

 

LLC 

occupational license 

labeling

 

Thanks for all your help. You are the only one that has answered my questions.

Two concerns if you have any influence in the amendment process -
Line 498 requiring net weight or volume. It would be extremely helpful to all of us if "unit(s)" was also a labeling option - such as dozen cookies, 1 cake, 1/2 dozen cupcakes. Otherwise, it is my understanding that everything would have to be labeled in pounds/ounces or fluid ounces as applicable to the product being sold, which would mean weighing everything & creating an individual label for every package.

 

This is a concern of mine also. Did you ever get any more info on this? Do we actually have to weigh the entire 4 tier cake for example?

 

yes - based on the way the law reads, each package must be weighed.  For a 4 tier cake, you could weigh each layer separately plus the frosting/fondant/etc. to get the total weight.

Here's a link to the rules brochure: 

http://clay.ifas.ufl.edu/FCS/Cottage-Food-Rules-2%5B1%5D.pdf

 

I am VERY new to the cake decorating world but hope someday to make some extra money doing it on the side so let me say a HUGE thank you to Barbara for all her work in getting this bill passed!

Hello there,

First of all, thank you to everyone that has helped to get the Florida Food Cottage Act passed.  I just found out about the act.  I am very excited.  I live in Coconut Creek, FL.  It is a city between Pompano, Coral Springs and Boca Raton.  I contacted my city to ask what I need to do about starting my business.

I was told to print out an application for a Home Business and that they would "look at it".  The lady on the phone said this is very new to them.  My question is this....If I were to go for the LLC, it costs $125.  What if I do that and then my city says, nope, sorry, you can't do this.  Then I'm out $125 right? 

And I'm looking at the application and it asks for my business ID (which I don't have), federal ID (also don't have).  Are those something I will get once I get the LLC? 

Thank you for any advice!!! :-D

 

Michele

 

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