Miami-Dade
Legislative Item File Number: 210477 |
Printable PDF Format Clerk's Official Copy |
File Number: 210477 | File Type: Resolution | Status: Adopted | ||||||||
Version: 0 | Reference: R-219-21 | Control: Board of County Commissioners | ||||||||
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Requester: NONE | Cost: | Final Action: 3/16/2021 | ||||||||
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Sunset Provision: No | Effective Date: | Expiration Date: |
Registered Lobbyist: | None Listed |
Legislative History |
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Acting Body | Date | Agenda Item | Action | Sent To | Due Date | Returned | Pass/Fail |
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Board of County Commissioners | 3/16/2021 | 11A6 | Adopted | P | |||
REPORT: | Commissioner Martinez advised he was unsupportive of the foregoing proposed resolution due to the government’s intent to impose on the operations of private businesses and dictating the price for service fees because government should have minimal oversight in the operations of private business except in the case of emergency related situations. Commissioner Monestime explained the intent of this proposed resolution was to protect restaurant owners from being victimized of high service fees by third-party service contractors during this pandemic or in the state of an emergency. There being no other comments or objections, the members of the Board proceeded to take a vote on the foregoing resolution as presented. | ||||||
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County Attorney | 2/25/2021 | Assigned | Dale P. Clarke | 3/4/2021 | |||
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Legislative Text |
TITLE RESOLUTION URGING THE FLORIDA LEGISLATURE TO PASS HOUSE BILL 1123 OR SIMILAR LEGISLATION THAT WOULD LIMIT SERVICE FEES CHARGED TO RESTAURANTS BY THIRD-PARTY FOOD TAKEOUT AND DELIVERY SERVICE APPLICATIONS OR INTERNET WEBSITES DURING A DECLARED STATE OF EMERGENCY BODY WHEREAS, in December 2019, a novel coronavirus known as SARS-CoV-2, which causes an infectious disease named coronavirus disease 2019 (�COVID-19�) emerged; and WHEREAS, on January 30, 2020, the International Health Regulations Emergency Committee of the World Health Organization declared COVID-19 a �public health emergency of international concern;� and WHEREAS, on March 11, 2020, given the alarming levels of spread and the severity of the virus, the World Health Organization declared COVID-19 a pandemic; and WHEREAS, as a result of the pandemic, on March 9, 2020, Governor Ron DeSantis issued Executive Order 20-52 declaring a state of emergency for the entire State of Florida; and WHEREAS, on March 12, 2020, a local state of emergency was declared for Miami-Dade County, which has since been extended every seven days pursuant to section 252.38(3)(a), Florida Statutes and Chapter 8B-6 of the Code of Miami-Dade County, Florida; and WHEREAS, as a result of the ongoing COVID-19 pandemic, many local restaurants experienced a sharp decline in the number of dine-in customers, which has reportedly led to considerable financial strain; and WHEREAS, as such, many local restaurants have now become heavily reliant on third-party food takeout and delivery service applications or internet websites such as Grubhub, Uber Eats, Postmates, and Doordash to reach their customers and to stay afloat; and WHEREAS, according to a September 2020 study by The American Economic Liberties Project, third-party food delivery providers charge restaurants commissions of up to 30 percent on sales processed through their platforms; and WHEREAS, prior to the COVID-19 pandemic, a number of local, independent restaurants were operating on slim margins; and WHEREAS, now with a higher proportion of their sales being made through third-party food takeout and delivery service applications or internet websites that often include large commission fees, many local, independent restaurants are struggling to survive, and some may be teetering on the edge of permanent closure; and WHEREAS, on February 18, 2021, House Bill (H. B.) 1123 was filed in the Florida House of Representatives by Anna Eskamani (D-Orlando); and WHEREAS, H.B. 1123 if enacted would make it unlawful for any third-party food takeout and delivery service application or internet website through which a consumer orders food takeout or deliver services from a restaurant to, during a declared state of emergency of seven (7) days or longer, charge a service fee to a restaurant for food or takeout delivery orders that is: * Greater than 20 percent of the cost of the individual order; or * Greater than 10 percent of the cost of the individual order when the order is delivered by an employee of the restaurant or an independent contractor with whom the restaurant has contracted directly; and WHEREAS, limiting the service fees that can be charged to local restaurants by third-party food takeout and delivery service applications or internet websites during a local state of emergency would ease the financial hardships experienced by local restaurants during such periods; and WHEREAS, this Board supports H.B. 1123 as it would help local restaurants to remain economically viable during a declared state of emergency, 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 to pass House Bill 1123 or similar legislation that would limit the service fees charged to restaurants by third-party food takeout and delivery service applications or internet websites during a declared state of emergency. Section 2. Directs the Clerk of the Board to transmit certified copies of this resolution to the Governor, Senate President, House Speaker, and the Chair and Members of the Miami-Dade State Legislative Delegation. Section 3. Directs the County�s state lobbyists to advocate for the actions described in section 1 above, and authorizes and directs the Office of Intergovernmental Affairs to amend the 2021 State Legislative Package to include this item. |
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