Florida Senate - 2021                                    SB 1858
       
       
        
       By Senator Torres
       
       
       
       
       
       15-01770-21                                           20211858__
    1                        A bill to be entitled                      
    2         An act relating to food takeout and delivery service
    3         fees; creating s. 501.924, F.S; defining the term
    4         “third-party food takeout and delivery service
    5         application or Internet website”; limiting service
    6         fees charged to restaurants by third-party food
    7         takeout and delivery service applications or Internet
    8         websites during a declared state of emergency;
    9         providing that third-party food takeout and delivery
   10         service applications or Internet websites that charge
   11         fees in violation of the act commit a deceptive and
   12         unfair trade practice, subject to the penalties and
   13         remedies of the Florida Deceptive and Unfair Trade
   14         Practices Act; providing construction; providing an
   15         effective date.
   16  
   17         WHEREAS, the Legislature finds that due to the current
   18  state of emergency declared in response to COVID-19, restaurants
   19  have been prohibited from offering dine-in service and have been
   20  limited to delivery and takeout orders only, which has placed a
   21  sudden and severe financial strain on many restaurants, and
   22         WHEREAS, COVID-19 has also resulted in an increased use of
   23  third-party food takeout and delivery service applications and
   24  websites to place orders with restaurants for food takeout or
   25  delivery services, and
   26         WHEREAS, while some companies offering third-party food
   27  takeout and delivery service applications or websites have
   28  provided meaningful support to the restaurant community, other
   29  such companies have charged restaurants a service fee exceeding
   30  30 percent of the cost of the individual order, thereby
   31  compounding the current financial strain on restaurants, and
   32         WHEREAS, restaurants that are also small businesses, in
   33  particular, may have limited bargaining power to negotiate lower
   34  fees, and
   35         WHEREAS, the Legislature finds that it is in the public
   36  interest to take action to maximize restaurant revenue from
   37  takeout and delivery orders to enable restaurants to survive
   38  COVID-19, and any future declared state of emergency, and remain
   39  sources of employment and community vitality in this state, NOW,
   40  THEREFORE,
   41  
   42  Be It Enacted by the Legislature of the State of Florida:
   43  
   44         Section 1. Section 501.924, Florida Statutes, is created to
   45  read:
   46         501.924Food takeout and delivery service fees during
   47  declared state of emergency.-
   48         (1)As used in this section, the term “third-party food
   49  takeout and delivery service application or Internet website”
   50  means any online application or website through which a consumer
   51  orders food takeout or delivery services from a restaurant.
   52         (2)(a)It shall be an unlawful practice and a violation of
   53  part II of this chapter for any third-party food takeout and
   54  delivery service application or Internet website, during a
   55  declared state of emergency of 7 days or longer, to charge a
   56  service fee to a restaurant for food takeout or delivery orders
   57  that is:
   58         1.Greater than 20 percent of the cost of the individual
   59  order; or
   60         2.Greater than 10 percent of the cost of the individual
   61  order when the order is delivered by an employee of the
   62  restaurant or an independent contractor with whom the restaurant
   63  has contracted directly.
   64         (b)Violations of this subsection are subject to civil
   65  penalties and remedies under part II of this chapter.
   66         (3)This section:
   67         (a)Does not limit the ability of any restaurant to choose
   68  to pay a greater percentage of the cost of the individual order
   69  to access additional advertising or other products and services
   70  offered by any third-party food takeout and delivery service
   71  application or Internet website.
   72         (b)Supersedes and preempts any county or municipal law,
   73  ordinance, resolution, or regulation concerning the relationship
   74  between third-party food takeout and delivery service
   75  applications or Internet websites and any restaurant utilizing
   76  their services.
   77         Section 2. This act shall take effect July 1, 2021.