Tips on Tips: Florida’s New Law on Food Service Charges Effective July 1, 2026

Jun 5, 2025

By Louis J. Terminello, Esq., Bradley Berkman, Esq., and Michael Martinez, Esq.

The restaurant business is tough with tight margins and low net profits. That’s a fact. Another fact is that many Florida food service establishment bills include various line-item surcharges and fees, generally calculated as a percentage of sales, designed to lessen the effects of costs and slim margins for the owner/operator.

On the other hand, in many instances, the consumer only becomes aware of the charges when the final bill is presented by waitstaff.

Florida Legislature has passed new legislation to take effect July 2026, requiring restaurants, caterers, and other food service providers to provide prior notice of any general line-item operational charge included on a bill.

The law, by definition, draws a distinction between “gratuity” and “operational charge.”

Gratuity” or “tip” means a sum presented by a customer as a gift or contribution in recognition of service performed, the payment and amount of which is at the discretion of the customer.
Operations charge means an automatic fee or charge, other than a government-imposed tax, that a customer is required to pay in addition to the cost of the food and beverage purchased. The term includes, but is not limited to, service charges, automatic gratuities, credit card surcharges, and delivery fees.

Other key provisions concerning the imposition of operations charges include:

A notice on the food menu, written contract, and website or mobile application where food and beverage orders are placed, as applicable, that includes the amount or percentage of the operations charge and the purpose of the operations charge.
The notice must appear in a font that is equal to or greater than the font used for menu item descriptions or the general provisions of the written contract.
If the public food service establishment does not provide menus, table service, or written contracts for banquet, catering, or event services, the operations charge notice must appear in an obvious and clearly readable manner on the menu board or on an obvious and clearly readable sign by the register where the customer pays.
A public food service establishment that charges an operations charge that is used to compensate employees may not also charge an automatic gratuity.
There must be a notice on the face of the bill provided to the customer that an operations charge is included. The notice must clearly state the percentage or amount of the operations charge.
Each copy of a receipt that a customer receives must contain separate lines for gratuity, an operations charge, and sales tax so that it is clear to the customer what is being charged. If the operations charge is an automatic gratuity, it must be separately stated on the receipt.

It should be noted that the new law does not provide for a private cause of action. However, owners/operators should start preparing now to be in compliance . If guidance is needed, please contact Greenspoon Marder’s Hospitality, Alcohol and Leisure Industry Group (HAL), at (305) 789-2770.

About Greenspoon Marder

Greenspoon Marder LLP is a full-service law firm with over 225 attorneys and more than 20 office locations across the United States. With operations from Miami to New York and from Denver to Los Angeles, our firm attracts some of the nation’s top talent in key markets and innovation hubs. Our core practice areas include Real Estate, Litigation, and Transactional Services, complemented by the capabilities of a full-service firm. Greenspoon Marder has maintained a spot on The American Lawyer’s Am Law 200 as one of the top law firms in the U.S. since 2015, and our goal is to provide exceptional client service by developing a thorough understanding of each client’s business needs and objectives in order to provide strategic, cost-effective solutions.

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Tips on Tips: Florida’s New Law on Food Service Charges Effective July 1, 2026

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