ENROLLED 2024 Legislature CS for SB 676, 1st Engrossed 2024676er 1 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. 31 32 Be It Enacted by the Legislature of the State of Florida: 33 34 Section 1. Section 509.103, Florida Statutes, is created to 35 read: 36 509.103 Food 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. 112 113 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.