Florida Senate - 2025                        COMMITTEE AMENDMENT
       Bill No. SB 940
       
       
       
       
       
       
                                Ì307066/Î307066                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/19/2025           .                                
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       The Committee on Regulated Industries (McClain) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. This act may be cited to as the “Restaurant
    6  Reservation Anti-Piracy Act.”
    7         Section 2. Section 509.105, Florida Statutes, is created to
    8  read:
    9         509.105 Third-party reservation platforms prohibited.—
   10         (1) As used in this section, the term “third-party
   11  reservation platform” means a website, mobile application, or
   12  other Internet service that satisfies all of the following:
   13         (a) Offers or arranges for a reservation at a public food
   14  service establishment for on-premises service.
   15         (b) Is owned and operated by a person other than the owner
   16  of the public food service establishment.
   17         (c) Does not have a contractual relationship or agreement
   18  with the public food service establishment, or its contractual
   19  designee, to offer or arrange for a reservation at the public
   20  food service establishment for on-premises service.
   21         (2) A third-party reservation platform does not include a
   22  contractual designee of an individual customer which arranges
   23  for a personal and nontransferable reservation at a food service
   24  establishment at the request of the customer and at no cost to
   25  the customer, provided that the designee shares the individual
   26  customer’s contact information with the food service
   27  establishment, allows the food service establishment to confirm
   28  the reservation with the individual customer, and honors
   29  requests from the food service establishment to opt out of
   30  future reservations created by the designee.
   31         (3) A third-party reservation platform may not list,
   32  advertise, promote, facilitate, sell, or otherwise enable a
   33  reservation at a public food service establishment.
   34         (4) The division may impose a civil penalty on a third
   35  party reservation platform in an amount not to exceed $1,000 for
   36  each violation of this section or of a division rule. Violations
   37  under this subsection shall accrue on a daily basis for each day
   38  and each reservation for each food service establishment in
   39  which there has been a violation of this section or rules of the
   40  division.
   41         Section 3. This act shall take effect July 1, 2025.
   42  
   43  ================= T I T L E  A M E N D M E N T ================
   44  And the title is amended as follows:
   45         Delete everything before the enacting clause
   46  and insert:
   47                        A bill to be entitled                      
   48         An act relating to third-party reservation platforms;
   49         providing a short title; creating s. 509.105, F.S.;
   50         defining the term “third-party reservation platform”;
   51         specifying that a third-party reservation platform
   52         does not include certain contractual designees;
   53         prohibiting a third-party reservation platform from
   54         listing, advertising, promoting, selling, or otherwise
   55         enabling a reservation at a public food service
   56         establishment; authorizing the Division of Hotels and
   57         Restaurants of the Department of Business and
   58         Professional Regulation to impose a civil penalty not
   59         to exceed a specified amount for a violation of the
   60         act or of a division rule; providing a schedule and
   61         requirements for the accrual of such violations;
   62         providing an effective date.