Is a restaurant delivery fee an operations charge under Florida law?
Quick answer
Yes. Florida Statutes 509.214 defines an operations charge as any automatic fee, other than a government tax, that a customer must pay on top of the food and drink, and it names delivery fees. Since July 1, 2026, a restaurant that charges one must show its amount and purpose on the menu, website or app, on the bill and as its own receipt line.
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 |
| Definition | 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; includes service charges, automatic gratuities, credit card surcharges and delivery fees (509.214(1)(b)) | Fla. Stat. 509.214 (2026) |
| Where to disclose | On the food menu, written contract, and website or mobile app where orders are placed, as applicable: amount or percentage and purpose, in a font at least as large as menu item descriptions (509.214(2)) | Fla. Stat. 509.214 (2026) |
| 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 (2026) |
| Receipt | Separate lines for gratuity, operations charge and sales tax (509.214(4)) | 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 |
Does the notice have to be on my online ordering page?
Yes, where it applies. 509.214(2) requires the notice on the "website or mobile application where food and beverage orders are placed".
What about fees a delivery app charges in its own name?
Section 509.214 regulates operations charges by the public food service establishment. It does not separately address fees that a third-party delivery platform charges in its own name.
Is a flat $3.99 fee treated differently from a percentage?
No. The notice must state "the amount or percentage" and the purpose (509.214(2)); the bill notice must state the percentage or amount (509.214(3)).
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What else do people ask?
When did this start?
July 1, 2026 (DBPR Advisory 2026-01).
Who enforces it?
DBPR under chapter 509; fines up to $1,000 per offense (509.261(1)(a)).
Can customers sue?
509.214 does not create a private cause of action (509.214(5)).
Is this legal advice?
No. General information only.
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