Effective July 1, 2026, every public food service establishment in Florida that charges an automatic gratuity, service charge, or credit card surcharge must include a notice on each food menu and any website or mobile application where food and beverage orders are placed. The notice must state the amount or percentage and purpose of the charge. Fla. Stat. Section 509.214(2). Each notice must appear in a font size equal to or greater than the font used for other menu item descriptions.
A public food service establishment includes for-profit private clubs’ dining outlets. “Public lodging establishments” means any place “where food is prepared, serviced, or sold for immediate consumption on or in the vicinity of the premises; called for or taken out by customers; or prepared prior to being delivered to another location for consumption.” Fla. Stat. Section 509.213(5)(a). Member-owned clubs may be excluded from this requirement, as “public lodging establishments” exclude eating places operated by nonprofit fraternal organizations. Fla. Stat. Section 509.213(5)(b).
A notice must also appear on the front of each customer’s bill disclosing any automatic gratuity, service charge, or credit card surcharge. Fla. Stat. Section 509.214(3). The notice must clearly state the percentage or amount of the charge. Each receipt must also contain separate lines for any automatic gratuity, service charge, or credit card surcharge. Fla. Stat. Section 509.214(4).
The law does not create a private cause of action. Fla. Stat. Section 509.214(5). Violations may result in administrative fines of up to $1,000 per offense, mandatory remedial education, and license suspension or revocation. Fla. Stat. Section 509.261.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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