Florida Enacts Disclosure Requirements for "Operations Charge" at Food Service Establishments

Florida's newly enacted Chapter 2025-113 introduces detailed disclosure requirements for automatic fees imposed by public food service establishments. The revised statute – codified at Section 509.214, Florida Statutes – aims to increase transparency surrounding fees such as automatic gratuities, service charges and delivery surcharges.

The law does not prohibit the use of such fees but mandates that establishments clearly disclose the nature and amount of these charges both before and after a transaction.

Key Provisions

• The term "operations charge" is defined broadly to include service charges, automatic gratuities, credit card surcharges, delivery fees and similar nontax fees added to the cost of food and beverage.
• Starting July 1, 2026, public food service establishments that impose such charges will be subject to new notice and receipt formatting requirements.

Required Disclosures

Upfront Notice on Menus, Contracts and Online Ordering Platforms

• The amount or percentage of the operations charge must be disclosed prominently on:
  • physical or digital menus
  • written contracts (e.g., for banquets or catering)
  • websites or mobile applications used to place orders
• The notice must include both the amount and purpose of the charge and be displayed in a font at least as large as that used for menu descriptions or contract language.
• If no menu or contract is provided (e.g., in quick-service settings), the notice must appear clearly on a menu board or sign at the register.

Billing Statement Requirements

• The customer's bill must state that an operations charge has been included and clearly identify the amount or percentage of the charge.

Receipt Formatting

• Itemized receipts must include separate lines for:
  • gratuity
  • operations charge
  • sales tax
• If the operations charge includes an automatic gratuity, it must be separately disclosed.

Scope and Exceptions

• The law does not apply to prepaid dining plans, meal packages or fixed-price offerings where the total price is disclosed in advance.
• Importantly, no private right of action is created under this statute. Enforcement lies with state regulatory authorities, such as the Florida Department of Business and Professional Regulation (DBPR).

Implications for the Hospitality Industry

The enactment of these provisions reflects Florida's alignment with a national push for increased fee transparency in the food and beverage sector. Operators that rely on service charges or automatic gratuities – particularly in resort, banquet and event-driven settings – should begin reviewing their pricing models and point-of-sale systems in anticipation of the 2026 compliance deadline.

Next Steps

• Evaluate current use of operations charges and confirm whether they fall within the new definition.
• Review and update menus, websites, event contracts and printed materials to ensure required notices are included.
• Coordinate with point-of-sale vendors to ensure receipts comply with itemization requirements.
• Begin preparing compliance protocols well in advance of the July 1, 2026, effective date.

For assistance navigating these changes, updating your service contracts, pricing language or compliance strategy, please contact the author.

Information contained in this alert is for the general education and knowledge of our readers. It is not designed to be, and should not be used as, the sole source of information when analyzing and resolving a legal problem, and it should not be substituted for legal advice, which relies on a specific factual analysis. Moreover, the laws of each jurisdiction are different and are constantly changing. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. If you have specific questions regarding a particular fact situation, we urge you to consult the authors of this publication, your Holland & Knight representative or other competent legal counsel.