PCS for HB 1099 — An Act Relating to Food Delivery Platforms (Original 2024)
- Issuer
- Congressional materials
- Document type
- 2024 3236 Regulatory Reform Economic Development Subcommittee Proposed Committee Bills Pcb
Summary
A proposed committee substitute, PCS for HB 1099, marked original 2024, a bill of the Legislature of the State of Florida relating to food delivery platforms. The four-page bill would create s. 509.103, F.S., defining a food delivery platform and requiring platforms to itemize each transaction's food prices, commissions and fees, tips and taxes for the consumer. It would require notice when a platform has no relationship with a food service establishment. The bill authorizes the Division of Hotels and Restaurants of the Department of Business and Professional Regulation to issue cease and desist notices, allowing a cure period of 7 business days, and to impose a civil penalty not to exceed $1,000 per offense. It also preempts regulation of food delivery platforms to the state and takes effect upon becoming a law.
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Cite this document
“PCS for HB 1099 — An Act Relating to Food Delivery Platforms (Original 2024).”
Original at www.flhouse.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2024-3236-regulatory-reform-economic-development-subcommittee-proposed-committee-bills-pcbs-fn-pcs-for-hb-1099/
, SHA-256 0782ed809223fafa399ec7c5beabe0f9a13fc36426e5b901fe7aa8b444b9b60a.Full text
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1099 ORIGINAL 2024
1 A bill to be entitled
2 An act relating to food delivery platforms; creating
3 s. 509.103, F.S.; providing definitions; requiring
4 food delivery platforms to disclose certain
5 information to the consumer; authorizing the Division
6 of Hotels and Restaurants of the Department of
7 Business and Professional Regulation to issue a notice
8 to cease and desist to a food delivery platform for
9 violations; providing that such notice does not
10 constitute agency action; requiring the division to
11 allow a food delivery platform to cure any violation
12 within a specified timeframe before enforcing a notice
13 or imposing a civil penalty; authorizing the division
14 to enforce such notice and collect attorney fees and
15 costs under certain circumstances; authorizing the
16 division to impose a specified civil penalty;
17 authorizing the division to receive and investigate
18 complaints of violations; preempting regulation of
19 food service platforms to the state; providing the
20 division with rule-making authority; providing an
21 effective date.
22
23 Be It Enacted by the Legislature of the State of Florida:
24
25 Section 1. Section 509.103, Florida Statutes, is created
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PCS for HB 1099.DOCX
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PCS for HB 1099 ORIGINAL 2024
26 to read:
27 509.103 Food delivery platforms.—
28 (1) As used in this section, the term:
29 (a)1. "Food delivery platform" means a business that acts
30 as a third-party intermediary by taking and arranging for the
31 delivery or pickup of orders from multiple food service
32 establishments for the consumer.
33 2. The term does not include:
34 a. Delivery or pickup orders placed directly with, and
35 fulfilled by, a food service establishment.
36 b. Websites, mobile applications, or other electronic
37 services that do not post food service establishment me nus,
38 logos, or pricing information on their platforms.
39 (b) "Food service establishment" has the same meaning as
40 the term "public food service establishment" as defined in s.
41 509.013(5).
42 (2) A food delivery platform shall itemize and clearly
43 disclose the cost breakdown of each transaction to the consumer,
44 including, but not limited to, the following information:
45 (a) The purchase price of the food and beverage, or any
46 other item, and clearly indicate if such prices exceed the food
47 service establishment’s pricing.
48 (b) Any commission, delivery fee, or promotional fee
49 charged to the customer by the food delivery platform.
50 (c) Any tip or gratuity.
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PCS for HB 1099 ORIGINAL 2024
51 (d) Any taxes due on the transaction.
52 (3) If a food delivery platform does not have a
53 relationship with a food service establishment, the food
54 delivery platform must provide clear and conspicuous notice to
55 the consumer that the food delivery platform does not have any
56 relationship with such food service establishment.
57 (4) If the division has reason to believe a food delivery
58 platform has violated this section or any rules adopted pursuant
59 to this section, the division may issue to the food delivery
60 platform a notice to cease and desist from the violation. The
61 issuance of a notice to cease and desist does not constitute
62 agency action for which a hearing under s. 120.569 or s. 120.57
63 may be sought. The division shall provide the food delivery
64 platform 7 business days in which to cure the violation before
65 imposing a civil penalty under subsection (5) or commencing any
66 legal proceeding under this subsection. For the purpose of
67 enforcing a cease and desist notice, the division may file a
68 proceeding in the name of the state seeking the issuance of an
69 injunction or a writ of mandamus against any person who fails to
70 comply with the notice. If the division is required to seek
71 enforcement of the notice for a penalty pursuant to s. 120.569,
72 it is entitled to collect attorney fees and costs, together with
73 any cost of collection.
74 (5) The division may impose a civil penalty on a food
75 delivery platform in an amount not to exceed $1,000 per offense
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PCS for HB 1099 ORIGINAL 2024
76 for each violation of this section or of a division rule ,
77 subject to the provisions of subsection (4). For purposes of
78 this subsection, the division may regard as a separate offense
79 each day or portion of a day in which there has been a violation
80 of this section or rules of the division.
81 (6) The division may receive and investigate any complaint
82 which alleges that a food delivery platform has violated an
83 applicable provision of this section or rules adopted under this
84 section.
85 (7) Regulation of food delivery platforms is expressly
86 preempted to the state.
87 (8) The division shall adopt rules to administer this
88 section.
89 Section 2. This act shall take effect upon becoming a law.
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File and source
- File
- 2024_3236_regulatory-reform-economic-development-subcommittee_proposed-committee-bills-pcbs_fn-pcs-for-hb-1099.pdf
- Size
- 105,772 bytes
- SHA-256
- 0782ed809223fafa399ec7c5beabe0f9a13fc36426e5b901fe7aa8b444b9b60a
- Original
- www.flhouse.gov