Florida’s new restaurant fee law is a massive regulatory shift aimed straight at “junk fees” and surprise line items on diner bills.
Signed into law as Senate Bill 606 (amending Florida Statute Section 509.214), the legislation introduces strict transparency mandates for any mandatory fee a food service business tacks onto a bill. If you run a restaurant, cater an event, or just love eating out in Florida, here is what you need to know about how this law fundamentally changes menus, bills, and receipts starting July 1, 2026.
What is an “Operations Charge”?
The core of the law relies on a brand-new, sweeping legal definition. An “operations charge” is any automatic, mandatory fee or charge—other than a government-imposed tax—that a customer must pay on top of the listed price of food and beverages.
The law applies to almost all public food service establishments, from fine dining and private clubs to food trucks and quick-service counters. It covers a wide net of common fees, including:
- Automatic gratuities / large party service charges
- Credit card surcharges
- Delivery fees
- Split-plate fees
The New Rules: No More Fine Print
The law forces restaurants to disclose these fees upfront, during the meal, and after payment. The requirements are highly specific about how and where this information must appear:
| Stage of Dining | Where It Must Appear | What is Required |
| Before Ordering | Printed menus, digital menu boards, online ordering websites, mobile apps, or banquet contracts. | Must state the exact amount or percentage AND the explicit purpose of the fee. The text must be in a font size equal to or larger than the standard menu item descriptions—meaning it cannot be buried in a tiny footnote. |
| The Bill | The physical or digital bill presented to the table before payment. | Must state on its face that an operations charge is included, clearly identifying the percentage or amount. |
| The Final Receipt | The receipt handed over after payment is completed. | Must break down charges into completely separate lines: Gratuity (discretionary tip), Operations Charge, and Sales Tax. If an automatic gratuity is baked into the operations charge, it must be explicitly itemized. |
The Quick-Service Rule: If an establishment doesn’t use menus or offer table service (like a food truck or fast-casual spot), the fee disclosure must be placed in a highly obvious, readable location on a sign right next to the cash register.
Why the Distinction Matters for Businesses
The law draws a razor-sharp line between a gratuity (a fully discretionary tip given by choice) and an operations charge (a mandatory fee).
This clear separation is designed to protect consumers, but it creates a compliance hurdle for restaurant operators. Because point-of-sale (POS) systems must now strictly label mandatory auto-gratuities as “operations charges” on a receipt, business owners have to be incredibly careful with how that money is handled internally. Legally, mandatory fees are considered general business revenue—meaning they are subject to state sales tax and can heavily complicate payroll, tip credit pooling, and overtime calculations if they are distributed back to staff.
Enforcement
The law does not give customers a private right of action, meaning an individual diner cannot personally sue a restaurant for a poorly formatted menu. Instead, enforcement is entirely administrative, handled by the Florida Department of Business and Professional Regulation (DBPR). Non-compliant businesses face state fines of up to $1,000 per offense, mandatory remedial training, or even the suspension of their business license.