Miami-Dade Legislative Item
File Number: 210477
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File Number: 210477 File Type: Resolution Status: Adopted
Version: 0 Reference: R-219-21 Control: Board of County Commissioners
File Name: HB 1123 - LIMIT SERVICE FEES CHARGED TO RESTAURANTS Introduced: 2/25/2021
Requester: NONE Cost: Final Action: 3/16/2021
Agenda Date: 3/16/2021 Agenda Item Number: 11A6
Notes: Title: RESOLUTION URGING THE FLORIDA LEGISLATURE TO PASS HOUSE BILL 1123, SENATE BILL 1858, 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
Indexes: URGING
Sponsors: Jean Monestime, Prime Sponsor
  Jose "Pepe" Diaz, 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 3/16/2021 11A6 Adopted P

County Attorney 2/25/2021 Assigned Dale P. Clarke 3/4/2021

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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