Florida Senate - 2024 SB 676 By Senator Bradley 6-00551A-24 2024676__ Page 1 of 4 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to food delivery platforms; creating 2 s. 509.103, F.S.; defining terms; prohibiting food 3 delivery platforms from taking or arranging for the 4 delivery or pickup of orders from a food service 5 establishment without the food service establishment’s 6 consent; requiring food delivery platforms to disclose 7 certain information to the consumer; requiring food 8 delivery platforms to provide food service 9 establishments with a method of contacting and 10 responding to consumers by a specified date; providing 11 circumstances under which a food delivery platform 12 must remove a food service establishment’s listing on 13 its platform; prohibiting certain actions by food 14 delivery platforms; providing requirements for 15 agreements between food delivery platforms and food 16 service establishments; preempting regulation of food 17 delivery platforms to the state; providing an 18 effective date. 19 20 Be It Enacted by the Legislature of the State of Florida: 21 22

Section

Section 509.103, Florida Statutes, is created to 23 read: 24 509.103 Food delivery platforms.— 25

(1) As used in this section, the term: 26 (a) “Food delivery platform” means a business that acts as 27 a third-party intermediary for the consumer by taking and 28 arranging for the delivery or pickup of orders from multiple 29 Florida Senate - 2024 SB 676 6-00551A-24 2024676__ Page 2 of 4 CODING: Words stricken are deletions; words underlined are additions. food service establishments. The term does not include: 30 1. Delivery or pickup orders placed directly with, and 31 fulfilled by, a food service establishment. 32 2.

Websites, mobile applications, or other electronic 33 services that do not post food service establishment menus, 34 logos, or pricing information on their platforms. 35 (b) “Food service establishment” has the same meaning as 36 the term “public food service establishment” as defined in s. 37 509.013(5). 38 (c) “Purchase price” means the price, as listed on the 39 menu, for the items in a consumer’s order, excluding fees, tips 40 or gratuities, and taxes. 41

(2) A food delivery platform may not take and arrange for 42 the delivery or pickup of orders from a food service 43 establishment without the express consent of that food service 44 establishment. Such consent must be in either a written or 45 electronic format. 46

(3) A food delivery platform shall itemize and clearly 47 disclose to the consumer the cost breakdown of each transaction, 48 including, but not limited to, the following information: 49 (

a) The purchase price of the food and beverage. 50 (

b) Any commission, delivery fee, or promotional fee 51 charged to the consumer by the food delivery platform. 52 (

c) Any tip or gratuity. 53 (

d) Any taxes due on the transaction. 54

(4) A food delivery platform shall clearly provide to the 55 consumer: 56 (

a) The anticipated date and time of the delivery of the 57 order. 58 Florida Senate - 2024 SB 676 6-00551A-24 2024676__ Page 3 of 4 CODING: Words stricken are deletions; words underlined are additions. (

b) The address to which the order will be delivered. 59 (

c) Confirmation that the order has been successfully 60 delivered or that the delivery cannot be completed. 61 (

d) A mechanism for the consumer to express order concerns 62 directly to the food delivery platform. 63

(5) By July 1, 2025, a food delivery platform shall provide 64 a food service establishment with: 65 (

a) A method of contacting the consumer while preparing the 66 order, during delivery of the order, and for up to 2 hours after 67 the order is picked up from the food service establishment for 68 delivery to the consumer. 69 (

b) A method to respond to ratings or reviews that are left 70 by the consumer. 71

(6) A food delivery platform shall remove a food service 72 establishment’s listing on the food delivery platform within 10 73 days after receiving the food service establishment’s request 74 for removal, unless there is an existing agreement between the 75 two parties which includes the provisions specified in 76 subsection (8) stating otherwise. 77

(7) A food delivery platform may not, without an agreement 78 with the food service establishment, intentionally inflate, 79 decrease, or alter a food service establishment’s pricing. 80

(8) An agreement between a food delivery platform and a 81 food service establishment must: 82 (

a) Clearly state all fees, commissions, and charges that 83 the food service establishment is expected to pay or absorb. 84 (

b) Clearly state the policies of the food delivery 85 platform, including, but not limited to, policies related to 86 alcoholic beverages, marketing, menus and pricing, payment, and 87 Florida Senate - 2024 SB 676 6-00551A-24 2024676__ Page 4 of 4 CODING: Words stricken are deletions; words underlined are additions. prohibited conduct. 88 (

c) Include the insurance requirements for delivery 89 partners of the food delivery platform and identify the party 90 responsible for the cost of such insurance. 91 (

d) Identify the party responsible for collecting and 92 remitting applicable sales taxes. 93 (

e) Clearly disclose policies regarding disputed 94 transactions and the procedure for resolving those disputes. 95 96 An agreement may not include a provision that requires a food 97 service establishment to indemnify the food delivery platform, 98 or any employee, contractor, or agent of the food delivery 99 platform, for any damage or harm caused by the acts or omissions 100 of the food delivery platform or any of its employees, 101 contractors, or agents. 102

(9) A food delivery platform may not unreasonably limit the 103 value or number of transactions that may be disputed by a food 104 service establishment with respect to orders, goods, or delivery 105 errors for determining responsibility for errors and reconciling 106 disputed transactions. 107

(10) Regulation of food delivery platforms is expressly 108 preempted to the state. 109

Section 2. This act shall take effect upon becoming a law. 110