Florida Cottage Food Act is NOW a Bill Next Law

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Permalink Reply by Lisa Duff on October 4, 2011 at 8:18pm

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.

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Permalink Reply by wanda on October 4, 2011 at 9:14pm

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.

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Permalink Reply by Elizabeth Gotay on October 4, 2011 at 9:37pm

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. 

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Permalink Reply by wanda on October 4, 2011 at 10:01pm

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. 

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Permalink Reply by Elizabeth Gotay on October 26, 2011 at 7:32pm

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.

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Permalink Reply by wanda on October 27, 2011 at 10:07am

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.

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Permalink Reply by Diane Curtis on November 15, 2011 at 11:16am

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?

 

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Permalink Reply by wanda on November 15, 2011 at 8:13pm

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

 

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Permalink Reply by Kelly Chandley on February 1, 2012 at 11:38pm

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!

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Permalink Reply by Michele W. on March 2, 2012 at 5:46am

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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