Takeaways

• Starting 07.01.26, new disclosure requirements go into effect for restaurants that impose “operations charges.”
• “Operations charges” are defined in the new law and include gratuities.
• Notice requirements will affect many points of customer contact, including menus, bills, receipts, and more.

Amendments to Florida law on notification of automatic gratuity charges create more stringent requirements for how restaurants communicate operations charges to customers. Restaurant owners should review and update their policies and procedures to ensure full compliance with the new requirements.

On June 2, 2025, the governor signed Florida Senate Bill 606, making significant amendments to Section 509.214 of the Florida Statutes regarding “operations charges” in restaurants. SB 606 will go into effect on July 1, 2026.

As a restaurant owner or manager in Florida, understanding the changes to the law is crucial to ensure compliance. This article outlines key changes and what they mean for your business operations.

Background

Previous Florida law allowed restaurants to impose service charges that are not distributed to employees as tips, provided proper notice was given to customers. Early versions proposed in HB 535 would have allowed service charges only for parties of at least six, among other restrictions and requirements.

SB 606 has substantially modified those requirements, creating new obligations for restaurant owners regarding how operations charges are communicated and distributed, but it does not put in place a minimum on party size.

New Definition of “Operations Charge”

Under the amended law, an “operations charge” is defined as any additional fee or charge that a public food service establishment adds to the price of a meal that is not a government-imposed tax, including charges designated as a “service charge,” “gratuity charge,” “delivery fee,” or similar terminology.

Customer Disclosure Requirements

The amended statute requires restaurants to provide clear and conspicuous notice to customers about service charges in the following ways:

1. Menus, menu boards, contracts, and mobile applications or websites where orders are placed: A notice of the operations charge including the amount or percentage of the charge must appear in a font equal to or greater than the font used for menu item descriptions or contract provisions;
    
2. Signage by the register: If no menu or menu board, contract, or table service is provided, as in a fast-food establishment, the operations charge notice must be obvious and clear on a sign by the register;
    
3. Bills: A notice of operations charge with a clear statement of the percentage or amount of the charge must be present; and
    
4. Receipts: Operations charges must appear on customer receipts and must be on their own lines. Gratuities and sales tax must appear on separate lines. If the operations charge includes an automatic gratuity, this must be stated.

Compliance Steps

To ensure compliance with the updated statute, restaurant owners should:

1. Review current operations charge practices and determine how they are being communicated and distributed;
    
2. Update all affected materials to clearly indicate the existence of operations charges and the amount or percentage of such charges; and
    
3. Modify point-of-sale systems to ensure receipts properly itemize and explain operations charges.

The law does not create a private cause of action related to compliance.