Where must a Florida restaurant post its operations charge notice?
Quick answer
Since July 1, 2026, a Florida public food service establishment that adds an operations charge must state the amount or percentage and purpose on the menu, written contract and ordering website or app, as applicable, in a font at least as large as menu descriptions. Without menus, table service or written contracts, use the menu board or a sign by the register.
What does the law say? Key facts and official sources
| Item | What the law says | Source |
|---|---|---|
| Start date | July 1, 2026 (s. 3, ch. 2025-113, amending 509.214) | Fla. Stat. 509.214 (note) |
| Operations charge | An automatic fee, other than a government tax, that a customer must pay on top of the food and drinks; includes service charges, automatic gratuities, credit card surcharges and delivery fees (509.214(1)(b)) | Fla. Stat. 509.214 |
| Where to post | The food menu, the written contract, and the website or mobile app where orders are placed, as applicable (509.214(2)) | Fla. Stat. 509.214 |
| What to say | The amount or percentage of the operations charge and its purpose (509.214(2)) | Fla. Stat. 509.214 |
| Font size | Equal to or larger than the font used for menu item descriptions or the general provisions of the written contract (509.214(2)) | Fla. Stat. 509.214 |
| No menus, table service or contracts | An obvious and clearly readable notice on the menu board, or an obvious and clearly readable sign by the register where customers pay (509.214(2)) | Fla. Stat. 509.214 |
| On the bill | A notice on the face of the bill that an operations charge is included, with its percentage or amount (509.214(3)) | Fla. Stat. 509.214 |
| Exempt | Dining plans or packages, and fixed-price meals, whose price is disclosed before purchase (509.214(6)) | Fla. Stat. 509.214 |
| Private lawsuits | The section does not create a private cause of action (509.214(5)) | Fla. Stat. 509.214 |
| Last verified | October 27, 2026 | Astor Ventures |
Does a counter-service or takeout spot need a notice?
Yes, if it charges an operations charge. When an establishment does not provide menus, table service, or written contracts for banquet, catering or event services, the notice must appear in an obvious and clearly readable way on the menu board, or on a sign by the register where the customer pays (509.214(2)).
What about catering and banquets?
Put the notice in the written contract, in a font at least as large as the contract's general provisions, stating the amount or percentage and the purpose of the charge (509.214(2)). The bill must also show that an operations charge is included and its percentage or amount (509.214(3)).
Is a delivery fee an operations charge?
Yes. The definition expressly includes delivery fees, along with service charges, automatic gratuities and credit card surcharges; government-imposed taxes are not operations charges (509.214(1)(b)). If you take orders on your own website or app, the notice goes there too.
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What else do people ask?
Are prepaid dining plans covered?
No. The section does not apply to a dining plan, package or fixed-price meal whose price is disclosed before purchase (509.214(6)).
Can a customer sue me under this section?
No. It does not create a private cause of action (509.214(5)). See our SB 606 penalty guide for how it is enforced.
What must the receipt show?
Separate lines for gratuity, operations charge and sales tax; an automatic gratuity inside the charge is stated separately (509.214(4)).
Is this legal advice?
No. General information only.
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