2024 Legislature                    CS for SB 676, 1st Engrossed
    2         An act relating to food delivery platforms; creating
    3         s. 509.103, F.S.; defining terms; prohibiting food
    4         delivery platforms from taking or arranging for the
    5         delivery or pickup of orders from a food service
    6         establishment without the food service establishment’s
    7         consent; requiring food delivery platforms to disclose
    8         certain information to the consumer; requiring food
    9         delivery platforms to provide food service
   10         establishments with a method of contacting and
   11         responding to consumers by a specified date; providing
   12         circumstances under which a food delivery platform
   13         must remove a food service establishment’s listing on
   14         its platform; prohibiting certain actions by food
   15         delivery platforms; providing requirements for
   16         agreements between food delivery platforms and food
   17         service establishments; authorizing the Division of
   18         Hotels and Restaurants of the Department of Business
   19         and Professional Regulation to issue a notice to cease
   20         and desist to a food delivery platform for violations;
   21         providing that such notice does not constitute agency
   22         action; authorizing the division to enforce such
   23         notice and collect attorney fees and costs under
   24         certain circumstances; authorizing the division to
   25         impose a specified civil penalty; requiring the
   26         division to allow a food delivery platform to cure any
   27         violation within a specified timeframe before imposing
   28         such a civil penalty; preempting regulation of food
   29         delivery platforms to the state; providing an
   30         appropriation; providing an effective date.
   32  Be It Enacted by the Legislature of the State of Florida:
   34         Section 1. Section 509.103, Florida Statutes, is created to
   35  read:
   36         509.103Food delivery platforms.—
   37         (1)As used in this section, the term:
   38         (a)“Food delivery platform” means a business that acts as
   39  a third-party intermediary for the consumer by taking and
   40  arranging for the delivery or pickup of orders from multiple
   41  food service establishments. The term does not include:
   42         1.Delivery or pickup orders placed directly with, and
   43  fulfilled by, a food service establishment.
   44         2.Websites, mobile applications, or other electronic
   45  services that do not post food service establishment menus,
   46  logos, or pricing information on their platforms.
   47         3. A search engine that only facilitates an order to be
   48  picked up from a food service establishment without accepting a
   49  commission or fee for the order or connects a consumer to a food
   50  delivery platform’s website, mobile application, or payment and
   51  order processing system for the purpose of placing an order.
   52         (b)“Food service establishment” has the same meaning as
   53  the term “public food service establishment” as defined in s.
   54  509.013(5).
   55         (c)“Purchase price” means the price, as listed on the
   56  menu, for the items in a consumer’s order, excluding fees, tips
   57  or gratuities, and taxes.
   58         (2)A food delivery platform may not take and arrange for
   59  the delivery or pickup of orders from a food service
   60  establishment without the express consent of that food service
   61  establishment. Such consent must be in either a written or
   62  electronic format.
   63         (3)A food delivery platform shall itemize and clearly
   64  disclose to the consumer the cost breakdown of each transaction,
   65  including, but not limited to, the following information:
   66         (a)The purchase price of the food and beverage.
   67         (b)Any commission, delivery fee, or promotional fee
   68  charged to the consumer by the food delivery platform.
   69         (c)Any tip or gratuity.
   70         (d)Any taxes due on the transaction.
   71         (4)A food delivery platform shall clearly provide to the
   72  consumer:
   73         (a)The anticipated date and time of the delivery of the
   74  order.
   75         (b)The address to which the order will be delivered.
   76         (c)Confirmation that the order has been successfully
   77  delivered or that the delivery cannot be completed.
   78         (d)A mechanism for the consumer to express order concerns
   79  directly to the food delivery platform.
   80         (5)By July 1, 2025, a food delivery platform shall provide
   81  a food service establishment with:
   82         (a)A method of contacting the consumer while preparing the
   83  order, during delivery of the order, and for up to 2 hours after
   84  the order is picked up from the food service establishment for
   85  delivery to the consumer.
   86         (b)A method to respond to ratings or reviews that are left
   87  by the consumer.
   88         (6)A food delivery platform shall remove a food service
   89  establishment’s listing on the food delivery platform within 10
   90  days after receiving the food service establishment’s request
   91  for removal, unless there is an existing agreement between the
   92  two parties which includes the provisions specified in
   93  subsection (8) stating otherwise.
   94         (7)A food delivery platform may not, without an agreement
   95  with the food service establishment, intentionally inflate,
   96  decrease, or alter a food service establishment’s pricing.
   97         (8)An agreement between a food delivery platform and a
   98  food service establishment must:
   99         (a)Clearly state all fees, commissions, and charges that
  100  the food service establishment is expected to pay or absorb.
  101         (b)Clearly state the policies of the food delivery
  102  platform, including, but not limited to, policies related to
  103  alcoholic beverages, marketing, menus and pricing, payment, and
  104  prohibited conduct.
  105         (c)Include the insurance requirements for delivery
  106  partners of the food delivery platform and identify the party
  107  responsible for the cost of such insurance.
  108         (d)Identify the party responsible for collecting and
  109  remitting applicable sales taxes.
  110         (e)Clearly disclose policies regarding disputed
  111  transactions and the procedure for resolving those disputes.
  113  An agreement may not include a provision that requires a food
  114  service establishment to indemnify the food delivery platform,
  115  or any employee, contractor, or agent of the food delivery
  116  platform, for any damage or harm caused by the acts or omissions
  117  of the food delivery platform or any of its employees,
  118  contractors, or agents.
  119         (9)A food delivery platform may not unreasonably limit the
  120  value or number of transactions that may be disputed by a food
  121  service establishment with respect to orders, goods, or delivery
  122  errors for determining responsibility for errors and reconciling
  123  disputed transactions.
  124         (10)If the division has probable cause to believe that a
  125  food delivery platform has violated this section or any rule
  126  adopted pursuant to this section, the division may issue to the
  127  food delivery platform a notice to cease and desist from the
  128  violation. The issuance of a notice to cease and desist does not
  129  constitute agency action for which a hearing under s. 120.569 or
  130  s. 120.57 may be sought. For the purpose of enforcing a cease
  131  and desist notice, the division may file a proceeding in the
  132  name of the state seeking the issuance of an injunction or a
  133  writ of mandamus against any person who violates the notice. If
  134  the division is required to seek enforcement of the notice for a
  135  penalty pursuant to s. 120.569, it is entitled to collect
  136  attorney fees and costs, together with any cost of collection.
  137         (11)The division may impose a civil penalty on a food
  138  delivery platform in an amount not to exceed $1,000 per offense
  139  for each violation of this section or of a division rule. For
  140  purposes of this subsection, the division may regard as a
  141  separate offense each day or portion of a day in which there has
  142  been a violation of this section or rules of the division. The
  143  division shall issue to the food delivery platform a written
  144  notice of any violation and provide the food delivery platform 7
  145  business days in which to cure the violation before imposing a
  146  civil penalty under this subsection or commencing any legal
  147  proceeding under subsection (10).
  148         (12)Regulation of food delivery platforms is expressly
  149  preempted to the state.
  150         Section 2. For the 2024-2025 fiscal year, the sums of
  151  $173,573 in recurring funds and $13,922 in nonrecurring funds
  152  from the Hotel and Restaurant Trust Fund and $113,749 in
  153  recurring funds and $8,461 in nonrecurring funds from the
  154  Administrative Trust Fund are appropriated to the Department of
  155  Business and Professional Regulation, and three full-time
  156  equivalent positions with a total associated salary rate of
  157  182,692 are authorized, for the purpose of implementing this
  158  act.
  159         Section 3. This act shall take effect upon becoming a law.