Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. SB 676
       
       
       
       
       
       
                                Ì181142tÎ181142                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/22/2024           .                                
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       The Committee on Regulated Industries (Bradley) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete line 108
    4  and insert:
    5         (10) If the division has probable cause to believe that a
    6  food delivery platform has violated this section or any rule
    7  adopted pursuant to this section, the division may issue to the
    8  food delivery platform a notice to cease and desist from the
    9  violation. The issuance of a notice to cease and desist does not
   10  constitute agency action for which a hearing under s. 120.569 or
   11  s. 120.57 may be sought. For the purpose of enforcing a cease
   12  and desist notice, the division may file a proceeding in the
   13  name of the state seeking the issuance of an injunction or a
   14  writ of mandamus against any person who violates the notice. If
   15  the division is required to seek enforcement of the notice for a
   16  penalty pursuant to s. 120.569, it is entitled to collect
   17  attorney fees and costs, together with any cost of collection.
   18         (11) The division may impose a civil penalty on a food
   19  delivery platform in an amount not to exceed $1,000 per offense
   20  for each violation of this section or of a division rule. For
   21  purposes of this subsection, the division may regard as a
   22  separate offense each day or portion of a day in which there has
   23  been a violation of this section or rules of the division. The
   24  division shall issue to the food delivery platform a written
   25  notice of any violation and provide the food delivery platform 7
   26  business days in which to cure the violation before imposing a
   27  civil penalty under this subsection or commencing any legal
   28  proceeding under subsection (10).
   29         (12) Regulation of food delivery platforms is expressly
   30  
   31  ================= T I T L E  A M E N D M E N T ================
   32  And the title is amended as follows:
   33         Delete line 17
   34  and insert:
   35         service establishments; authorizing the Division of
   36         Hotels and Restaurants of the Department of Business
   37         and Professional Regulation to issue a notice to cease
   38         and desist to a food delivery platform for violations;
   39         providing that such notice does not constitute agency
   40         action; authorizing the division to enforce such
   41         notice and collect attorney fees and costs under
   42         certain circumstances; authorizing the division to
   43         impose a specified civil penalty; requiring the
   44         division to allow a food delivery platform to cure any
   45         violation within a specified timeframe before imposing
   46         such a civil penalty; preempting regulation of food