Legislative Matter

Miami-Dade Legislative Item
File Number: 081673

Printable PDF Format

Clerk's Official Copy

File Number: 081673

File Type: Resolution

Status: Adopted

Version: 0

Reference: R-786-08

Control: Board of County Commissioners

File Name: LEGISLATURE TO REQUIRE RESTAURANTS DISPLAY MENUS

Introduced: 5/29/2008

Requester: NONE

Cost:

Final Action: 7/1/2008

Agenda Date: 7/1/2008

Agenda Item Number: 11A17

Notes:

Title:

RESOLUTION URGING THE FLORIDA LEGISLATURE AND/OR THE FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION TO REQUIRE RESTAURANTS TO DISPLAY PRICES ON ALL MENU ITEMS INCLUDING SPECIALS

Indexes:

LEGISLATURE

Sponsors:	Rebeca Sosa, Prime Sponsor
	Sally A. Heyman, Co-Sponsor
	Joe A. Martinez, Co-Sponsor

Sunset Provision: No

Effective Date:

Expiration Date:

Registered Lobbyist:

None Listed

Legislative History
Acting Body	Date	Agenda Item	Action	Sent To	Due Date	Returned	Pass/Fail

Board of County Commissioners	7/1/2008	11A17	Adopted				P

Budget and Finance Committee	6/10/2008	2S	Forwarded to BCC with a favorable recommendation				P
REPORT:	Assistant County Attorney Jess McCarty read the foregoing proposed resolution into the record. Commissioner Sorenson spoke in support of this proposed resolution. Chairman Martinez asked that he be listed as a co-sponsor. Hearing no other questions or comments, the Committee proceeded to vote.

County Attorney	5/29/2008		Assigned	Jess M. McCarty

County Attorney	5/29/2008		Referred	Budget and Finance Committee	6/10/2008

Legislative Text

TITLE
RESOLUTION URGING THE FLORIDA LEGISLATURE AND/OR THE FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION TO REQUIRE RESTAURANTS TO DISPLAY PRICES ON ALL MENU ITEMS INCLUDING SPECIALS

BODY
WHEREAS, restaurant patrons sometimes have complained that some restaurants offer food and beverage specials which are not listed on the regular menu, and fail to disclose the price of those specials until a bill is presented at the conclusion of the meal; and
WHEREAS, this practice causes restaurant patrons to be misinformed and sometimes to pay a much higher price than they reasonably expected to pay; and
WHEREAS, a restaurant should disclose the price of food and beverage specials prior to accepting an order for a special, and the failure of some restaurants to regularly adhere to this sound business practice causes consumers to be misled and may create unnecessary problems between restaurant patrons and restaurant service personnel; and
WHEREAS, the City of Aventura recently passed a resolution, Resolution No. 2008-23, urging the Board of County Commissioners to require restaurants to disclose the price of specials before accepting orders; and
WHEREAS, cities and counties in Florida are preempted from passing legislation regulating restaurants because the State of Florida currently has exclusive jurisdiction to regulate restaurants pursuant to Chapter 509, Florida Statutes; and
WHEREAS, the Florida Legislature and/or the Florida Department of Business and Professional Regulation has the authority to require restaurants to display prices on all menu items including specials,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board:
Section 1. Urges the Florida Legislature and/or the Florida Department of Business and Professional Regulation to require restaurants to display prices on all menu items including specials.
Section 2. Directs the Clerk of the Board to transmit a certified copy of this resolution to the Governor, Senate President, House Speaker, the Chair and Members of the Miami-Dade County State Legislative Delegation, the Secretary of the Florida Department of Business and Professional Regulation and the Mayor, Vice-Mayor and Commissioners of the City of Aventura.
Section 3. Directs the County's state lobbyists to advocate for the passage of the legislation set forth in Section 1 above, and directs the Office of Intergovernmental Affairs to include this item in the 2009 State Legislative Package.