HB 1099 — Food Delivery Platforms

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 HB1099CS/HB1099 2024 A bill to be entitled An act relating to food delivery platforms;

prohibitingrequiring food delivery platforms fromto processingdisclose orderscertain frominformation aand foodprovide servicecertain establishmentnotice withoutto the foodconsumer; service establishment's consent;

requiringauthorizing the Division of Hotels and Restaurants of the Department of Business and Professional Regulation to issue to a food delivery platformsplatform a notice to disclosecease certainand informationdesist tofor thespecified consumer;violations;

requiringproviding foodthat deliverysuch platformsnotice todoes providenot foodconstitute serviceagency establishmentsaction; with a method of contacting and responding to consumers by a specified date;

providingrequiring circumstancesthe underdivision whichto provide a food delivery platform mustthe removeability to cure any violation within a foodspecified servicetimeframe establishment'sbefore listingenforcing onsuch itsnotice platform;or imposing a civil penalty;

prohibitingauthorizing certainthe actionsdivision byto aenforce foodsuch deliverynotice platform;through specified legal proceedings;

providingauthorizing requirementsthe fordivision agreementsto betweencollect foodattorney deliveryfees platforms and foodcosts serviceunder establishments;certain circumstances;

authorizing the division to impose a specified civil penalty;

providing construction;

authorizing the division to receive and investigate complaints of specified violations;

requiring the division to adopt rules;

BePage It1of Enacted4 byCODING: the Legislature of the State of Florida:

Words strickenare deletions;

words underlined are additions.

hb1099-01-c1 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 CS/HB1099 2024 Be It Enacted by the Legislature of the State of Florida:

Page(a)1. 1of 5 CODING:

Words strickenare deletions;

words underlined are additions.

hb1099-00 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 HB1099 2024 (a)1.

(c)(2) "PurchaseA price"food meansdelivery theplatform price,shall asitemize listedand onclearly disclose the menu,cost forbreakdown theof itemseach containedtransaction into anthe order,consumer, excludingincluding, fees,but tipsnot orlimited gratuities,to, andthe taxes.following information:

(2)(a) AThe foodpurchase deliveryprice platformof maythe notfood take and arrangebeverage, for the delivery or pickany upother ofitem, ordersand fromclearly aindicate foodif servicesuch establishmentprice withoutexceeds the express consent of such food service establishment.establishment's pricing.

SuchPage consent2of must4 beCODING: in either written or electronic format.

(3) A food delivery platform shall itemize and clearly disclose the cost breakdown of each transaction to the consumer, including, but not limited to, the following information:

(a) The purchase price of the food and beverage.

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hb1099-00hb1099-01-c1 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 HB1099CS/HB1099 2024 (b) Any commission, delivery fee, or promotional fee charged to the customer by the food delivery platform.

(4)(3) AIf a food delivery platform shalldoes clearlynot have a relationship with a food service establishment, the food delivery platform must provide clear and conspicuous notice to the consumer:consumer that the food delivery platform does not have any relationship with such food service establishment.

(a)(4) TheIf anticipatedthe datedivision andhas timereason ofto believe a food delivery platform has violated this section or any rules adopted pursuant to this section, the division may issue to the food delivery ofplatform a notice to cease and desist from the order.violation.

(b) The addressissuance of a notice to whichcease theand orderdesist willdoes benot delivered.constitute agency action for which a hearing under s.

(c)120.569 Confirmation that the order has been successfully delivered or thats. the delivery cannot be completed.

(d)120.57 Amay mechanismbe forsought. the consumer to express order concerns directly to the food delivery platform.

(5)The Bydivision Julyshall 1,provide 2025,the a food delivery platform shall7 providebusiness days in which to cure the violation before imposing a foodcivil servicepenalty establishmentunder with:subsection (5) or commencing any legal proceeding under this subsection.

(a)For Athe methodpurpose of contactingenforcing thea consumercease whileand preparingdesist notice, the order,division duringmay deliveryfile ofa proceeding in the order,name andof forthe upstate toseeking 2the hoursissuance afterof thean orderinjunction isor pickeda upwrit fromof themandamus foodagainst serviceany establishmentperson forwho deliveryfails to comply with the consumer.notice.

(b)If Athe methoddivision tois respondrequired to ratingsseek orenforcement reviewsof thatthe arenotice leftfor bya thepenalty consumer.pursuant to s.

(6)120.569, Ait foodis deliveryentitled platformto shallcollect removeattorney afees foodand servicecosts, establishment'stogether listingwith on the food delivery platform within 10 days after receiving the food service establishment's request for removal, unless there is an existing agreement between the Page 3of 54 CODING:

hb1099-00hb1099-01-c1 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 HB1099CS/HB1099 2024 twoany partiescost whichof includescollection. the provisions specified in subsection (8) that states otherwise.

(7)(5) AThe division may impose a civil penalty on a food delivery platform mayin not,an withoutamount annot agreementto withexceed the$1,000 foodper serviceoffense establishment,for intentionallyeach inflate,violation decrease,of this section or alterof a fooddivision servicerule, establishment'ssubject pricing.to subsection (4).

(8)For Anpurposes agreementof betweenthis subsection, the division may regard as a foodseparate deliveryoffense platformeach andday or portion of a foodday servicein establishmentwhich must:there has been a violation of this section or of a division rule.

(a)(6) ClearlyThe statedivision allmay fees,receive commissions, and chargesinvestigate any complaint which alleges that thea food servicedelivery establishmentplatform willhas beviolated expectedthis tosection pay or absorb.any rule adopted pursuant to this section.

(b)(7) ClearlyRegulation state the policies of the food delivery platform,platforms including,is butexpressly notpreempted limited to, policies related to alcoholicthe beverages,state. marketing, menus and pricing, payment, and prohibited conduct.