FLORIDA — A new Florida law taking effect July 1 is aimed at preventing surprise charges on restaurant bills by requiring restaurants and other food service establishments to clearly disclose mandatory fees upfront, before customers place an order or receive their final bill.
Senate Bill 606 amended Florida Statute 509.214 and expanded existing disclosure requirements for automatic gratuities and service charges. The revised law applies to “operations charges,” defined as automatic fees or charges, other than government-imposed taxes, that customers must pay in addition to the cost of food and beverages.
Those charges may include service charges, automatic gratuities, credit card surcharges, delivery fees, or other mandatory add-ons.
Under the law, restaurants, bars, food trucks, caterers, and businesses that accept orders through websites or mobile apps must disclose the amount or percentage of the charge and explain its purpose.
The disclosure must appear anywhere the customer places or reviews a food or beverage order, including printed menus, menu boards, written contracts, websites, and mobile applications. The notice must be displayed in a font size equal to or larger than the font used for menu item descriptions or the general provisions of a written contract.
For quick-service restaurants or food service businesses without traditional menus, table service, or written contracts, the required notice must be placed on the menu board or on a clearly readable sign next to the register.
If customers place orders online or through a mobile app, the disclosure must appear on the website or app where the food and beverage order is placed. The notice must be shown before the customer receives the bill or completes the purchase.
Customer bills must also state that an operations charge is included and list the percentage or amount of the charge. Receipts must include separate lines for gratuity, operations charges, and sales tax. If an operations charge includes an automatic gratuity, that portion must be separately identified.
The law does not ban restaurants from charging these fees. Instead, it requires the fees to be disclosed before a customer completes a purchase.
The statute also states that it does not create a private cause of action, meaning customers cannot sue a business solely under this section. Enforcement would be handled through regulatory or administrative channels.
The law does not apply to dining plans, packages, or fixed-price meals when the price is disclosed to the customer before purchase.
For diners across Florida, the most noticeable changes may appear on printed menus, menu boards, receipts, online ordering platforms, and restaurant checks that add mandatory fees.
Voluntary tips remain separate and are still left to the customer’s discretion.