Can a Florida restaurant add an operations or service charge?
Quick answer
Yes, if you disclose it. Since July 1, 2026, Florida restaurants that add any automatic fee (service charge, auto-gratuity, card surcharge, delivery fee) must show the amount and purpose on menus and websites, note it on the bill, and itemize it on the receipt (Fla. Stat. 509.214, SB 606). Fines are up to $1,000 per offense (509.261).
Not legal advice.
Key facts and official sources
| Item | What the law says | Source |
|---|---|---|
| Law | Fla. Stat. §509.214, amended by SB 606 (ch. 2025-113) | Official source |
| Effective | July 1, 2026 (DBPR Industry Advisory 2026-01) | Official source |
| Operations charge | Any automatic fee other than a government tax: service charges, auto-gratuities, card surcharges, delivery fees | Official source |
| Disclosure | Amount/percentage and purpose on menus, contracts, websites/apps; notice on bill; separate receipt lines | Official source |
| Penalty | DBPR fines not to exceed $1,000 per offense, plus remedial training and possible license action | Official source |
What to do now
- List every automatic charge (service charge, auto-gratuity, card surcharge, delivery fee).
- Add amount/percentage and purpose to menus, website and ordering apps.
- Add the notice to the face of the bill.
- Configure the POS to print gratuity, operations charge and sales tax on separate lines.
Want it done in an afternoon? The Florida restaurant operations charge notice kit turns these steps into fill-in templates, a checklist and a tracker, with the official sources quoted. One-time payment, instant download.
FAQ
What is SB 606 in Florida?
SB 606 (ch. 2025-113) amended Fla. Stat. 509.214 to regulate restaurant "operations charges": any automatic fee other than a government tax. It applies from July 1, 2026.
When did Florida's operations charge rule take effect?
July 1, 2026, per DBPR Industry Advisory 2026-01.
What counts as an operations charge?
An automatic fee other than a government tax, including service charges, automatic gratuities, credit card surcharges and delivery fees.
Are fixed-price meals exempt?
Dining plans, packages and fixed-price meals whose price is disclosed before purchase are exempt under §509.214(6).
What fine can DBPR impose?
Under §509.261(1)(a), fines not to exceed $1,000 per offense for chapter 509 violations, plus mandatory remedial training and possible license suspension, revocation or refusal.
Is this legal advice?
No. General information only.
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