DeSantis signs food delivery app restrictions into law. What does that mean for hungry residents?

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Ever want to treat yourself to a food delivery order and then just closed the app when you noticed the increased prices? Or maybe you've already sworn off the apps due to lackluster communication throughout your order.

Well that might be changing soon in Florida.

Gov. Ron DeSantis signed a bill Tuesday that aims to regulate the operations of food delivery platforms and help restaurants curb unauthorized third-party delivery business practices.

“Food delivery apps are very popular,” Sen. Jennifer Bradley said on the Florida Senate floor during deliberations in February.

“They provide great convenience to consumers but the fast growth of food delivery has also made clear that we need consistent standards for transparency, consent and communication between the platform’s restaurants and consumers.”

What is SB 676?

Amanda Ventura, public affairs manager at Waymo, holds an order from Princess Pita delivered by a fully autonomous Waymo car via Uber Eats in Mesa on April 3, 2024.
Amanda Ventura, public affairs manager at Waymo, holds an order from Princess Pita delivered by a fully autonomous Waymo car via Uber Eats in Mesa on April 3, 2024.

Senate Bill 676 seeks to regulate the operations of food delivery platforms within the state.

It defines the term “food delivery platform” to mean a business that acts as a third-party intermediary for the consumer by taking and arranging for the delivery or pickup of orders from multiple food service establishments.

In total, the bill's analysis says it will:

  • Prohibit food delivery platforms from taking or arranging for the delivery or pickup of orders from a food service establishment without the food service establishment’s consent;

  • Require food delivery platforms to provide food service establishments with a method of contacting and responding to consumers by a specified date;

  • Identify all fees, commissions, and charges the food service establishment is expected to pay or absorb;

  • May not, without an agreement with the food service establishment, allow apps to intentionally inflate, decrease, or alter a food service establishment’s pricing;

  • Providing circumstances under which a food delivery platform must remove a food service establishment’s listing on its platform, within 10 days after receiving the food service establishment’s request for removal;

  • Will provide preempting regulation of food delivery platforms to the state.

Read all of Senate Bill 676

How will this affect Florida residents making an order through a food delivery app?

For starters, Floridians will no longer see different prices listed on delivery apps from the restaurant's menu. They will not be allowed to inflate, decrease, or alter a food service establishment’s pricing unless it is already agreed upon.

Additionally, customers will have more communication with establishments during the preparation of orders, during delivery and for up to two hours after a courier picks up the order. The law also states delivery firms must provide consumers with a way to express order concerns directly with the restaurants.

What are the penalties if these Florida food delivery regulations are not followed?

SB 676 authorizes the Division of Hotels and Restaurants within the Florida Department of Business and Professional Regulation to enforce the provisions in the bill by issuing cease and desist orders upon a finding of probable cause there is a violation.

It will also allow division officials to seek an injunction or writ of mandamus against persons who violate the notice to cease and desist. The division is authorized to issue a civil penalty of up to $1,000 per offense for each violation and provides the division is "entitled to attorneys’ fees and costs if it is required seek enforcement of a notice for a penalty under the Administrative Procedures Act."

When will Senate Bill 676 go into effect?

By July 1, 2025, food delivery platforms in Florida must provide restaurants a method of contacting customers during the preparation of orders, during delivery and for up to two hours after a courier picks up the order.

Further, the bill also requires the food delivery platform to provide a food service establishment a method for responding to a consumer’s ratings or reviews by the same date.

Did any apps back the Florida food delivery app regulations bill?

According to Restaurant Dive, both Uber Eats and DoorDash both backed SB 676.

“We’re pleased that Florida policymakers took a collaborative approach on how platforms like DoorDash can support local restaurants and passed this bill,” a DoorDash spokesperson said.

The bill also was backed by other top groups and businesses, such as the Florida Restaurant & Lodging Association and the Associated Industries of Florida.

Will Florida businesses that provide their own food delivery be affected?

According to an analysis, the bill does not apply to delivery or pickup orders placed directly with, and fulfilled by, a food service establishment.

This article originally appeared on Fort Myers News-Press: DeSantis signs food delivery app regulations into law. What to know