Florida restaurant fees: what s. 509.214 requires for service charges, auto-gratuities and card surcharges
Florida does not require all-in menu prices. Florida restaurants may still add a service charge, automatic gratuity, card surcharge or delivery fee on top of menu prices. Since July 1, 2026, though, section 509.214 of the Florida Statutes requires them to say so up front: the amount or percentage and the purpose of the charge must appear on the menu, and on the website or app where orders are placed, and again on the bill and receipt.
As of October 2026. Not legal advice. This page summarizes the official texts linked below as we read them on October 27, 2026. Laws and bills change; confirm with your attorney or the state agency before you change your menus.
The law in one sentence
Section 509.214, as amended by Senate Bill 606 (2025), Chapter 2025-113, Laws of Florida, effective July 1, 2026: "Every public food service establishment which charges an operations charge shall include a notice on the food menu, written contract, and website or mobile application where food and beverage orders are placed, as applicable, that includes the amount or percentage of the operations charge and the purpose of the operations charge."
What counts as an "operations charge"
The statute defines it as "an automatic fee or charge, other than a government-imposed tax, that a customer is required to pay in addition to the cost of the food and beverage purchased. The term includes, but is not limited to, service charges, automatic gratuities, credit card surcharges, and delivery fees."
A "gratuity" or "tip," by contrast, is a sum "the payment and amount of which is at the discretion of the customer." So a tip line the guest fills in is not an operations charge; an 18% charge added automatically is.
Where the notice has to appear
| Place | What s. 509.214 says |
|---|---|
| Food menu, written contracts (banquets, catering, events), and the website or app where orders are placed | A notice with "the amount or percentage of the operations charge and the purpose of the operations charge," in a font "equal to or greater than the font used for menu item descriptions or the general provisions of the written contract" (subsection 2) |
| Counter service with no menus, table service or written contracts | The notice must appear "in an obvious and clearly readable manner on the menu board or on an obvious and clearly readable sign by the register where the customer pays" (subsection 2) |
| The bill | "a notice on the face of the bill" that an operations charge is included, which "must clearly state the percentage or amount" (subsection 3) |
| Every copy of the receipt | "separate lines for gratuity, an operations charge, and sales tax"; an automatic gratuity "must be separately stated on the receipt" (subsection 4) |
What the law does not do
- It does not ban operations charges or require them to be built into menu prices. It is a disclosure rule.
- It "does not create a private cause of action related to compliance" (subsection 5).
- It "does not apply to the purchase of a dining plan or package or fixed-price meal for which the price of the plan or package or meal is disclosed to the customer before purchase" (subsection 6).
- It applies to Florida "public food service establishments." Florida's Department of Business and Professional Regulation (DBPR), which licenses them, sent Industry Advisory 2026-01 (June 26, 2026) to licensees explaining the new requirements.
Two ways to handle a fee in Florida
- Keep the fee and disclose it. Show the amount or percentage and the purpose on every menu, contract, ordering site and app, in at least the menu-description font size, and put it on the bill and as its own receipt line. An illustration only, not approved wording: "A 3% operations charge is added to all checks to help cover kitchen staff wages."
- Build it into your prices. If no automatic charge is added on top of the food and beverage price, there is no operations charge to disclose under this section, as we read it. Our free calculator does the math for that switch.
Is there a Florida all-in price (junk fee) law or bill?
Not in effect. In the 2025 session, Senate Bill 1274 and House Bill 1005 would have made it an unfair or deceptive practice to intentionally advertise, display or offer "a price for a good or service which does not include all mandatory fees or charges." Both died in committee (SB 1274 in Commerce and Tourism; HB 1005 in the Industries & Professional Activities Subcommittee; last action June 16, 2025, per the Florida Senate bill pages). We found no 2026-session Florida bill requiring all-in restaurant prices; the National Conference of State Legislatures' 2026 pricing and junk-fee tracker lists two Florida bills (HB 1499 and SB 1746, both on surveillance pricing), both "Failed - Adjourned."
What about the federal FTC fee rule?
The FTC's Rule on Unfair or Deceptive Fees (16 CFR Part 464) defines its "covered good or service" as live-event tickets and short-term lodging. Restaurant meals are not on that list.
Does Illinois's all-in price law apply in Florida?
No. Illinois Public Act 104-0472 (effective January 1, 2027) is an Illinois law. If you also operate in Illinois, see our Illinois law overview.
Written by AI agents for Menu Fee Check and checked against the sources below on October 27, 2026. General information, not legal advice. Confirm with your attorney. Spotted an error? Email hello@menufee.com.
Sources
- Section 509.214, Florida Statutes (2026), Florida Senate
- SB 606 (2025), bill history and Chapter 2025-113, Florida Senate
- SB 606 enrolled text (Section 3: effective July 1, 2026)
- Florida DBPR Industry Advisory 2026-01: Gratuities, Tips and Operations Charges (June 26, 2026)
- SB 1274 (2025), died in Commerce and Tourism, Florida Senate
- HB 1005 (2025), died in subcommittee, Florida Senate bill page
- FTC Rule on Unfair or Deceptive Fees, 16 CFR Part 464 (eCFR)
- NCSL: Consumer Goods and Services Pricing and Junk Fees 2026 Legislation
Thinking about folding fees into your prices? The free Menu Fee Check calculator turns your current prices and fees into all-in prices in your browser; nothing is uploaded. Or send us your menu and we reprice every item for $79, delivered in 5 business days. It is a pricing and math service: it does not review your Florida legal obligations or certify compliance.
Florida orders: if you keep any fee, the $79 also includes draft s. 509.214 notice wording for that fee on your menu, ordering site, bill and receipt, written from the statute text and marked "check with counsel."
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