What must a Florida restaurant bill and receipt show when there is an operations charge?
Quick answer
The bill must say on its face that an operations charge is included and state its percentage or amount. Every receipt copy must have separate lines for the tip, the operations charge and sales tax, and an automatic gratuity inside the charge must be listed on its own line (Fla. Stat. 509.214(3) and (4)). Service charges, card surcharges and delivery fees all count.
What does the law say? Key facts and official sources
| Item | What the law says | Source |
|---|---|---|
| Operations charge | Any automatic fee other than a government tax that the customer must pay on top of the food and drink, including service charges, automatic gratuities, credit card surcharges and delivery fees (509.214(1)(b)) | Official source |
| Bill | A notice on the face of the bill that an operations charge is included, clearly stating its percentage or amount (509.214(3)) | Official source |
| Receipt | Each receipt copy has separate lines for gratuity, operations charge and sales tax; an automatic gratuity inside the operations charge is stated separately (509.214(4)) | Official source |
| Menu and website | Notice of the amount or percentage and the purpose on the menu, written contract, and ordering website or app, in a font at least as large as menu item descriptions (509.214(2)) | Official source |
| No menus | Notice on the menu board or a clear sign by the register (509.214(2)) | Official source |
| Lawsuits | The section does not create a private cause of action (509.214(5)) | Official source |
| Exempt | Dining plans, packages or fixed-price meals whose price is disclosed before purchase (509.214(6)) | Official source |
| Last amended | s. 3, ch. 2025-113, Laws of Florida (history line of 509.214) | Official source |
| Last verified | October 24, 2026 | Astor Ventures |
Does a credit card surcharge need its own receipt line?
The statute lists credit card surcharges inside the definition of operations charge. So it falls under the operations charge line, and the bill must say an operations charge is included with its percentage or amount.
Does a delivery fee count?
Yes. Delivery fees are named in the definition of operations charge in 509.214(1)(b). If your ordering website or app adds one, the notice must also appear there.
Can a customer sue over a missing notice?
Not under this section. Subsection (5) says it does not create a private cause of action. State enforcement is covered in our penalty guide.
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What else do people ask?
Do I need to say what the charge is for?
Yes, on the menu, written contract and ordering site or app: the notice must include the amount or percentage and the purpose (509.214(2)).
Does this apply to a prix fixe menu?
Not if the price of the fixed-price meal, plan or package is disclosed before purchase (509.214(6)).
What is the fine?
This section sets no fine itself. See our Florida operations charge penalty guide.
Is this legal advice?
No. General information only.
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