Florida Requires Restaurants to Disclose Mandatory Fees Before Diners Order

Florida restaurants must now disclose mandatory service charges, credit card surcharges, delivery fees and other added costs to customers before they place an order under a law that took effect July 1. The statute broadens existing disclosure rules to cover a wider category of charges the legislature termed "operations charges," excluding taxes. The change applies across menus, websites, mobile ordering platforms, written contracts and itemized bills.

What the Law Covers

The updated Florida law requires any restaurant that imposes a mandatory operations charge to state the amount or percentage of that fee and explain its purpose at every point where an order can be placed. Automatic gratuities for large parties fall under the same disclosure framework. The law does not ban any of these charges — it mandates only that restaurants applying them make the information available upfront.

Industry Response: Support With Caveats

Ashley Chambers, communications director at the Florida Restaurant & Lodging Association, said the group backs greater transparency around restaurant charges, provided it is implemented clearly for consumers and practically for operators. She framed the law as a response to rising costs and shifting customer expectations around tipping and service fees.

Eric Douglas, a partner at BOL Hospitality Group, which operates multiple South Florida restaurants, said his group intends to apply an 18% service charge at one location, with the full amount directed to employees. Douglas said he believes restaurants should be equally explicit when any portion of a service charge funds operational expenses rather than staff pay. He also noted that automatic gratuities serve a functional purpose for larger parties, where the added coordination warrants guaranteed compensation for servers.

A Dissenting View on Fee Structure

Vicki Parmelee, owner of Jumby Bay Island Grill in Jupiter, said her restaurant has long preferred pricing menu items to reflect actual costs rather than adding fees at the end of a meal. She cited a food and beverage cost target of 28 to 35 percent as the appropriate place to absorb rising expenses. While Parmelee supports upfront pricing, she said the new law risks making diners retrospectively suspicious of restaurants that have operated without mandatory fees, potentially creating confusion rather than eliminating it. She said she would not adopt a mandatory service charge model, describing tipping as voluntary and earned by staff.

Practical Effect for Florida Diners

Beginning July 1, Florida diners should encounter mandatory fee disclosures before they order rather than discovering them at checkout. For restaurants already charging such fees and disclosing them clearly, the operational shift may be modest. For those that have bundled charges into bills without prior notice, compliance will require updates to physical menus, digital ordering systems and any applicable written contracts.