Do Florida operations charge rules apply to fixed-price meals and dining plans?
Quick answer
Not when the price is disclosed before purchase. Florida Statutes 509.214(6) says the operations charge rules do not apply to buying a dining plan, package or fixed-price meal whose price the customer is told before buying. Other orders at the same restaurant still need the menu, bill and receipt disclosures that have applied since July 1, 2026.
What does the law say? Key facts and official sources
| Item | What the law says | Source |
|---|---|---|
| Effective | July 1, 2026 (DBPR Industry Advisory 2026-01, June 26, 2026; SB 606, ch. 2025-113) | DBPR Advisory 2026-01 |
| Exemption | The section does not apply to the purchase of a dining plan or package or fixed-price meal for which the price is disclosed to the customer before purchase (509.214(6)) | Fla. Stat. 509.214 (2026) |
| DBPR guidance | Advisory 2026-01 repeats the same exemption for dining plans, packages and fixed-price meals | DBPR Advisory 2026-01 |
| Everything else | Operations charges on other purchases: notice on menu, contract, website or app; bill notice; separate receipt lines (509.214(2)-(4)) | Fla. Stat. 509.214 (2026) |
| Banquets and events | With no menus, table service or written contracts for banquet, catering or event services, the notice goes on the menu board or a sign by the register (509.214(2)) | Fla. Stat. 509.214 (2026) |
| No private suit | 509.214 does not create a private cause of action (509.214(5)) | Fla. Stat. 509.214 (2026) |
| Penalty | DBPR may impose fines not to exceed $1,000 per offense, remedial education and license suspension, revocation or refusal (509.261(1)) | Fla. Stat. 509.261 |
| Last verified | October 30, 2026 | Astor Ventures |
What counts as a fixed-price meal?
Section 509.214 does not define "dining plan", "package" or "fixed-price meal". The exemption turns on the price of the plan, package or meal being disclosed to the customer before purchase.
Does a catering contract fall under the exemption?
The text treats written contracts separately: an establishment with an operations charge must put the notice on the written contract (509.214(2)). Only a plan, package or fixed-price meal with the price disclosed before purchase is exempt.
Do I still need separate receipt lines on regular orders?
Yes. For purchases outside the exemption, each receipt copy needs separate lines for gratuity, operations charge and sales tax (509.214(4)).
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What else do people ask?
When did the rules start?
July 1, 2026 (DBPR Advisory 2026-01).
What is the penalty?
DBPR fines up to $1,000 per offense under 509.261(1)(a), plus possible license action.
Is a credit card surcharge an operations charge?
Yes, the definition names credit card surcharges (509.214(1)(b)).
Is this legal advice?
No. General information only.
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