Florida’s 2026 food service surcharges and gratuities mandates

Florida’s 2026 food service surcharges and gratuities mandates

On Behalf of | Oct 14, 2026 | Licensing and Permitting |

As of July 1, 2026, Florida’s Senate Bill 606 is now in effect, requiring restaurants, caterers and other food service operators to follow strict new rules on fee disclosures and tip rules. If your business has not yet made the necessary changes, now is the time to act.

The upfront disclosure requirement

Any food service establishment that charges an operations charge must disclose it before the customer orders.

This applies to physical menus, digital apps, websites and written catering contracts. The disclosure must state the amount or percentage of the charge and its purpose, and must be printed in the same font size or larger than the rest of the menu text. Fine-print disclosures will not meet the standard.

For establishments without traditional menus, such as counter-service or food trucks, the disclosure must appear in an easy-to-read place on a menu board or sign near the register.

The mandatory separation of gratuities and operations charges

Senate Bill 606 mandates that businesses treat gratuities and operations charges as separate categories, each with its own disclosure rules and how they appear on bills.

A gratuity or tip is a voluntary payment left at the customer’s discretion. An operations charge is any required fee beyond the cost of food and beverages, including service charges, automatic gratuities, credit card surcharges and delivery fees.

The law requires that these two categories never appear as a single combined charge, whether on a menu, a digital platform or a receipt.

Receipt formatting and the double-charge prohibition

Every customer receipt must contain separate, clearly itemized lines for operations charges, gratuities and sales tax. Bundling these items is no longer allowed.

The most significant restriction is the double-charge prohibition. A food service establishment that charges an operations charge to compensate employees cannot also apply an automatic gratuity to the same bill.

What food service operators need to do now

With the law now in effect, operators should immediately audit all menus and digital ordering platforms for compliant disclosures, update your POS system so receipts show each charge on its own line, check whether your current staff compensation setup triggers the double-charge rule, and train your staff to explain the difference between mandatory charges and tips when customers ask.

To ensure your restaurant or catering business is fully compliant, contact Samuel A. Rubert, P.A. or visit the firm’s licensing page to learn more.

 

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