Florida Restaurants Must Disclose Mandatory Fees Under New Law

Florida diners now have new protections against surprise restaurant fees under a state law that took effect July 1, 2026.

The change comes from Senate Bill 606, a 2025 law affecting public lodging and public food service establishments. For restaurants, the key provision requires any public food service establishment that charges an operations charge to disclose that charge before customers get the final bill.

For Nocatee families eating out or ordering online in St. Johns County and the broader Jacksonville-St. Augustine market, the law means mandatory fees should be easier to see before checkout.

What counts as an operations charge

The Florida Senate summary defines an operations charge as an automatic fee or charge, other than a government-imposed tax, that a customer is required to pay in addition to the cost of food and beverages purchased.

The law says the term includes, but is not limited to, service charges, automatic gratuities, credit card surcharges and delivery fees. The requirement applies only when a public food service establishment charges such a fee; it does not mean every restaurant must add a fee.

Where the notice must appear

Under the enrolled bill text, restaurants that charge an operations charge must include notice on the food menu, written contract and website or mobile application where food and beverage orders are placed, as applicable. The notice must include the amount or percentage of the charge and the purpose of the charge.

The notice must appear in a font equal to or larger than the font used for menu item descriptions or the general provisions of the written contract. If the establishment does not provide menus, table service or written contracts for banquet, catering or event services, the notice must appear clearly on the menu board or on a readable sign by the register where the customer pays.

Bills must also tell customers that an operations charge is included and clearly state the percentage or amount. Receipts must contain separate lines for gratuity, operations charge and sales tax. If the operations charge includes an automatic gratuity, it must be separately stated on the receipt.

What the law does not do

The statute says the section does not create a private cause of action related to compliance. That means the law creates disclosure duties, but it does not create a new private lawsuit right under that section.

The law also excludes the purchase of a dining plan, package or fixed-price meal when the price of the plan, package or meal is disclosed to the customer before purchase.

Why it matters locally

Florida's restaurant market includes table-service restaurants, counter-service businesses, delivery ordering, resort-area dining and event catering. Around Nocatee, where residents often order through apps or dine across multiple nearby communities, the same fee can show up in different places: a printed menu, a QR-code menu, an online checkout page, a banquet contract, the bill or the receipt.

The new law is meant to make those charges visible earlier in the transaction. A disclosed fee may still be charged, but customers should be told the amount or percentage and the purpose before they are surprised at payment.

For diners, the practical step is to look for fee language before ordering, especially for service charges, automatic gratuities, delivery fees and credit card surcharges. For restaurant operators, the practical step is to review every customer-facing ordering channel, not only the printed menu.

Sources

https://www.flsenate.gov/Session/Bill/2025/00606 (Florida Senate SB 606 bill page)

https://www.flsenate.gov/Committees/billsummaries/2025/html/606 (Florida Senate bill summary for SB 606)

https://www.flsenate.gov/Session/Bill/2025/606/BillText/er/HTML (enrolled SB 606 bill text)

https://www.clickorlando.com/news/local/2026/06/30/new-florida-restaurant-law-takes-effect-this-week/ (WKMG report on SB 606 taking effect)