[co-author: Peyton Recer]*
Florida Senate Bill 606, signed into law on June 2, 2025, amends current Fl. St. 509.214 to provide several new operations fee disclosure requirements for food service establishments.
When the New Rules Take Effect
Effective July 1, 2026, all Florida food service establishments who add additional fees for “operations charges” will be required to display conspicuous notices regarding such charges, as well as the purpose of the charges, on all menus, bills and customer receipts.
What Qualifies as an "Operations Charge"?
An “operations charge” is defined 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.
What Restaurants Must Disclose
All food service establishments which charge an operations charge must include a notice of such operations charge on the food menu, written contract, website or mobile application, menu board or menu sign where the food and beverage orders are placed. This notice must include the amount and purpose of the operations charge. The font of such notice must be equal to, or greater than, the font used for menu descriptions.
How Charges Must Appear on Bills and Receipts
Additionally, the food service establishment must place a notice of the operations charge on the face of the bill, and subsequent receipt, provided to the customer that an operations charge is included, and must clearly state the percentage or amount of the operations charge. Each copy of a receipt that a customer receives must contain separate lines for gratuity, operations charges, and sales tax so that it is clear to the customer what is being charged. If the operations charge includes an automatic gratuity, it must be separately stated on the receipt.
Who Is Exempt
Dining plans and fixed price meals where prices are disclosed to the customer prior to purchase are excluded from these notice requirements.
Preparing for Compliance
Although signed into law earlier this month, affected food service establishments have until July 1, 2026, to reformat their POS system preferences and menus to be in compliance.
*Law Clerk
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