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Seyfarth Synopsis: Effective July 1, 2026, all Florida food establishments must disclose any mandatory fee, not just automatic gratuities, on both the menu and bill.
We here at TIPS have been closely following a newly passed piece of legislation out of Florida relating to disclosure of charges by food establishments. The newly passed bill expands upon an existing statute, F.S.A. § 509.214, requiring public food establishments to disclose automatic gratuities and service charges to customers. The expanded law, which will come into effect on July 1, now requires food establishments to disclose any mandatory “operations charge,” not just automatic gratuities or service fees. The statute defines “operations charge” as an automatic fee or charge other than a tax that a customer is required to pay in addition to the cost of the food or beverage purchased, including—in addition to service charges and automatic gratuities—items such as credit card surcharges and delivery fees. This is a non-exhaustive list.
The statute further requires that the establishment disclose the amount or percentage of the charge and the purpose of the charge. These disclosures must appear on all written contracts, physical and digital menus, applications or websites for placing orders, and the face of the bill provided to the customer. The disclosures must appear in a font equal to or greater than the font used throughout the menu or bill, i.e., no “fine print.” If an establishment does not provide menus, the disclosure must be visible in an “obvious and clearly readable manner” on the menu board or sign near the register. Finally, the receipt must include separate lines for gratuity, operations charges, and sales tax.
Notably, the statute does not include a private right of action. This means that an individual customer cannot bring a lawsuit for an alleged violation of this law. However, employers should be aware that the state government has the authority to impose fines or sanctions for non-compliance.
This development reflects a national trend towards requiring food establishments and other sellers of goods and services to disclose mandatory fees that may impact the total price of a good or service purchased. For example, California, Colorado, Massachusetts, and New York City have all passed such laws targeting hidden fees in the last few years, indicating that more legislation of this nature potentially affecting restaurants’ disclosure of service charges, automatic gratuities, and other mandatory fees could be on the horizon. Stay tuned for our upcoming TIPS post about that growing national trend and its potential implications for restaurant and hospitality employers.
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