Do Florida restaurants have to disclose a credit card surcharge?
Quick answer
Yes. Since July 1, 2026, Fla. Stat. 509.214 lists credit card surcharges as an operations charge. A restaurant that adds one must show its amount or percentage and purpose on menus, contracts and ordering sites or apps, note it on the bill, and print it on its own receipt line. DBPR fines reach $1,000 per offense.
Short version: the answer is above. If you need to comply, the Florida restaurant operations charge kit gives you the templates, checklist and official sources for this law. $29 one-time, instant download.
What does the law say? Key facts and official sources
| Item | What the law says | Source |
|---|---|---|
| Law | Fla. Stat. 509.214, as amended by ch. 2025-113 (SB 606) | Official source |
| Operations charge | An automatic fee, other than a government tax, that the customer must pay on top of food and drink; includes service charges, automatic gratuities, credit card surcharges and delivery fees | Official source |
| Menu and app notice | Amount or percentage and purpose, on the menu, written contract and ordering website or app, in a font at least as large as menu item descriptions | Official source |
| Bill | The face of the bill must say an operations charge is included and state its percentage or amount | Official source |
| Receipt | Separate lines for gratuity, operations charge and sales tax; an automatic gratuity stated separately | Official source |
| Penalty | DBPR fines up to $1,000 per offense, remedial education, license suspension or revocation (Fla. Stat. 509.261); no private cause of action under 509.214 | Official source |
| Last verified | October 20, 2026 | Astor Ventures |
Where must the surcharge notice appear?
On the food menu, any written contract, and the website or mobile app where orders are placed, in a font at least as large as the menu item descriptions or the contract's general terms. If you have no menus, table service or written contracts, put it on the menu board or on an obvious, readable sign by the register where customers pay.
What goes on the bill and the receipt?
The face of the bill must say that an operations charge is included and state its percentage or amount. Every receipt copy needs separate lines for gratuity, the operations charge and sales tax, so customers can see what they are paying. If the operations charge includes an automatic gratuity, that gratuity must be stated separately.
What is the penalty?
The Division of Hotels and Restaurants at DBPR can fine a public food service establishment that violates chapter 509 up to $1,000 per offense, require a remedial education program, and suspend, revoke or refuse its license (Fla. Stat. 509.261). Section 509.214 itself does not give customers a private right to sue.
Want it done in an afternoon? The Florida restaurant operations charge kit turns these rules into fill-in templates, a checklist and a tracker, with the official sources quoted. One-time payment, instant download.
What else do people ask?
Are delivery fees and automatic tips covered too?
Yes. The definition of operations charge includes service charges, automatic gratuities, credit card surcharges and delivery fees.
Is sales tax an operations charge?
No. Government-imposed taxes are excluded.
Are fixed-price meals or dining plans covered?
No, if the price of the plan, package or fixed-price meal is disclosed to the customer before purchase.
Is this legal advice?
No. General information only.
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