Florida's New Operations Charge Law: What Restaurants Must Do Before July 1

Florida's new operations charge law takes effect July 1, 2026. Learn what service charges, auto gratuities, and fees your restaurant must disclose.

SunComply Team 2026-04-037 min readcompliance

A Major New Transparency Law Is Coming for Florida Restaurants

If your Florida restaurant charges automatic gratuities, service fees, credit card surcharges, or delivery fees, a sweeping new state law is about to change how you disclose those charges to customers. Chapter 2025-113, signed by Governor DeSantis on June 2, 2025, rewrites Section 509.214, Florida Statutes and takes effect on July 1, 2026.

This is not a minor menu tweak. The law imposes specific formatting, placement, and itemization requirements across every customer-facing channel — from printed menus and receipts to websites and mobile ordering apps. Non-compliance could trigger DBPR enforcement action, with fines of up to $1,000 per violation per day.

Here is everything Florida restaurant owners need to know — and do — before the deadline hits.

July 1, 2026

Law takes effect statewide

$100–$1,000

Fine per violation (DBPR)

Per Day

Each day of non-compliance = separate offense

All Channels

Menus, receipts, websites, apps, contracts

What Is an "Operations Charge"?

Under the revised Section 509.214, an "operations charge" is defined broadly as any automatic fee or charge — other than a government-imposed tax — that a customer is required to pay on top of the cost of food and beverage. This includes:

💰

Service Charges

Mandatory fees added to a customer's bill for table service

Covered under the new law

🍽️

Automatic Gratuities

Auto-tips added for large parties or banquet events

Must be separately itemized on receipts

💳

Credit Card Surcharges

Fees passed to customers for card payment processing

Covered under the new law

🚗

Delivery Fees

Mandatory delivery surcharges on takeout or delivery orders

Covered under the new law

📋

Any Other Mandatory Add-On Fee

Kitchen appreciation fees, wellness surcharges, holiday surcharges, etc.

If the customer must pay it, it's covered

Key Point: The definition goes far beyond the previous law, which only addressed automatic gratuities and service charges. If your restaurant adds any mandatory fee to a customer's bill — regardless of what you call it — it likely qualifies as an operations charge under the new statute.

Who Does This Law Apply To?

The law applies to every "public food service establishment" in Florida. That includes restaurants, food trucks, hotel dining outlets, catering operations, bars, cafes, and any other place where food is prepared, served, or sold for immediate consumption or takeout. If you hold a Florida Food Service License from DBPR, this law applies to you.

Exemptions

The law does not apply to:

Prepaid dining plans or packages where the total price is disclosed before purchase
Fixed-price meals where the full cost is communicated upfront

However, if your catering or banquet contracts include separately itemized charges, those contracts are covered by the disclosure requirements.

New Disclosure Requirements by Channel

The law is prescriptive about where and how operations charges must be disclosed. Here is a breakdown of what is required on each channel:

Channel	What Must Be Disclosed	Font / Formatting Rule
Printed Menus	Amount or percentage of the charge AND its purpose	Font size must be equal to or larger than menu item descriptions
Websites & Mobile Apps	Amount or percentage of the charge AND its purpose	Same font size requirements; must appear before checkout
Written Contracts (banquets, catering, events)	Amount or percentage of the charge AND its purpose	Font size must be equal to or larger than general contract provisions
Menu Boards / Signs (no-menu settings)	Amount or percentage of the charge AND its purpose	Must be in an obvious and clearly readable location near the register
Customer Bills	Notice that an operations charge is included, with amount or percentage	Must appear on the face of the bill

Watch Out: Burying the disclosure in fine print, a footnote at the bottom of the menu, or a terms-of-service page on your website will NOT satisfy the law. The notice must be prominent and match or exceed the surrounding font size.

Receipt and POS Formatting Rules

Every customer receipt must now include three separate line items:

Line 1

Gratuity (voluntary tip)

Line 2

Operations charge (mandatory fee)

Line 3

Sales tax

If your operations charge includes an embedded automatic gratuity — for example, an 18% service charge where 15% goes to staff and 3% covers operational costs — the automatic gratuity portion must be separately stated on the receipt.

This means you need to coordinate with your POS vendor now. Updating receipt templates, line item configurations, and online ordering platform outputs can take weeks, and you do not want to be troubleshooting on July 1.

DBPR Enforcement and Penalties

The new law does not create a private right of action — customers cannot sue you directly for non-compliance. However, enforcement falls to the Florida Department of Business and Professional Regulation (DBPR), which already oversees your food service license.

Under Section 509.261, Florida Statutes, DBPR has broad authority to impose administrative fines:

⚠️ Potential Penalties

$100 to $1,000 per violation — and each day of non-compliance can be treated as a separate offense. While the specific penalty framework for Section 509.214 violations has not yet been formally detailed by DBPR, inspectors may factor non-compliance into routine inspections and licensing reviews.

Tracking this new requirement alongside your existing compliance deadlines — food service license renewal, health inspections, annual report filing, business tax receipts — can feel overwhelming. Sun Comply monitors all your Florida restaurant compliance deadlines in one dashboard and sends automated reminders so nothing slips through the cracks.

Wage-and-Hour Implications: Tips vs. Service Charges

This law does more than change your menus — it sharpens the legal line between voluntary tips and mandatory service charges. That distinction has major payroll consequences:

✅

Voluntary Tips

Belong solely to employees; not included in regular rate of pay for overtime

Essential for tip credit compliance

⚠️

Mandatory Service Charges (Operations Charges)

Property of the employer unless redistributed; if paid to employees, they affect regular rate for overtime calculations

Impacts payroll and FLSA compliance

If you currently take a tip credit for tipped employees, how you label and distribute these charges matters. Blurring the line between tips and service charges is not just a risk under this new state law — it can also create wage-and-hour exposure under the federal Fair Labor Standards Act (FLSA). Review your payroll practices with legal counsel before July 1.

Local Ordinances: Additional Rules May Apply

The new state law sets a baseline, but it does not preempt stricter local requirements. For example, Miami-Dade County has its own ordinance requiring that automatic gratuity notices contain additional language and be posted in English, Spanish, and Creole.

Multi-Location Operators: If you operate restaurants in multiple Florida counties or cities, check the applicable local rules in each jurisdiction. What satisfies the state law in one location may not meet local requirements in another.

Your 5-Step Compliance Plan Before July 1

Audit Every Fee You Charge

Walk through your current pricing model and identify every mandatory add-on that customers are required to pay. If a customer must pay it, it is likely an operations charge. Do not assume that your current labels are sufficient — the new definition is much broader than the old one.

Update Menus, Websites, Apps, and Contracts

Add the required disclosure — stating both the amount or percentage AND the purpose of the charge — to every customer-facing channel. Ensure the font size matches or exceeds surrounding text. For online ordering, the notice must appear before the customer completes the transaction.

Coordinate with Your POS Vendor

Contact your point-of-sale provider to ensure receipts can display separate line items for gratuity, operations charge, and sales tax. If your service charge includes an automatic gratuity, that must be broken out as its own line. Allow time for testing and staff training.

Review Your Payroll and Tip Credit Practices

Confirm that how you describe charges to customers aligns with how you distribute funds internally and calculate payroll. If you take a tip credit, ensure that mandatory service charges are not being treated as voluntary tips for wage-and-hour purposes.

Check Local Ordinances in Your City or County

Verify whether your municipality or county has additional disclosure requirements beyond the state law. Miami-Dade, for example, requires multilingual notices. If you operate in multiple locations, review local rules for each one.

Good News: The law does not prohibit operations charges — it simply requires transparent disclosure. If your restaurant already clearly communicates fees to customers, compliance may only require formatting updates to menus and receipts.

Key Dates to Remember

Date	Event
June 2, 2025	Governor DeSantis signed Chapter 2025-113 into law
Now – June 30, 2026	Preparation window: audit fees, update menus, coordinate with POS vendor
July 1, 2026	Section 509.214 takes effect — full compliance required

Stay Ahead of Every Florida Compliance Deadline

The operations charge law is just one of dozens of compliance requirements Florida restaurants must track. Sun Comply monitors your food service license, annual report, business tax receipts, and more — sending reminders 30, 14, and 7 days before each deadline so you never get caught off guard.

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This article is for informational purposes only and does not constitute legal advice. Florida regulations vary by county and municipality and are subject to change. Always verify requirements directly with the relevant agency or consult a licensed professional. Sun Comply helps you track deadlines — not replace legal counsel.