A new regulation has come into effect in Florida, mandating complete transparency from restaurants regarding any additional charges imposed on patrons. This move seeks to eliminate the surprise of hidden fees at the moment of payment.
The key elements of this legislation, known as SB 606, were signed into law by Governor Ron DeSantis in June 2025, but its enforcement was postponed until July 1, 2026.
As reported by ClickOrlando, the law does not ban automatic gratuities or service charges; instead, it requires establishments to disclose them prior to the customer's order.
The law revolves around the concept of an "operations charge," defined as any automatic fee—distinct from government taxes—that customers must pay in addition to the cost of food and drinks.
This includes automatic tips, service charges, delivery fees, and credit card surcharges.
Under the new rules, physical menus, websites, mobile apps, and written contracts must display the amount or percentage of these charges and their purpose, using a font size at least as large as the descriptions of the dishes.
For fast-food places or establishments without traditional menus, a visible notice must appear on the menu board or near the cash register.
Receipts will also see changes: they must itemize tips, operations charges, and sales taxes on separate lines. If the operations charge includes an automatic tip, it must be listed separately.
This legislation responds to a growing trend in Florida's dining industry, where many restaurants had been adding obscure charges—like 3% local fees, service charges ranging from 18% to 25%, and credit card surcharges—often catching customers, especially foreign tourists, off guard.
The issue gained attention on social media. In July 2025, a Cuban man voiced his frustration on TikTok after experiencing poor service at a Hollywood Beach restaurant, blaming the mandatory tip included in his bill.
"They treat you poorly, and in the end, you must pay a mandatory tip. I'm not generalizing, but it's happening," he stated at the time.
Debate and Legislative Process
The legislative debate leading up to this law was intense. In March 2025, Republican Representative Demi Busatta from Coral Gables championed a more restrictive bill that would limit automatic tips to groups of six or more and allow customers to refuse them if service complaints arose.
"In Miami, we've seen more and more restaurants automatically include a 20% tip, whether they call it a tip, service charge, or service fee," Busatta noted.
However, it was the more moderate SB 606 that ultimately progressed and received DeSantis's signature.
The Florida Restaurant and Lodging Association (FRLA) supported this approach. Samantha Padgett, their vice president of governmental relations, argued that "many restaurants rely on these charges to ensure service quality and business success."
The law also specifies that customers cannot sue a business solely for failing to comply with the notice requirements; enforcement responsibility lies with the Florida Department of Business and Professional Regulation.
Additionally, it does not apply to meal plans or fixed-price packages where the total is disclosed before purchase.
A study from November 2024 highlighted that tips account for 21% of the average income of restaurant employees in Florida, underscoring the economic significance of these charges for workers and explaining the industry's resistance to their complete elimination.
Understanding Florida's Restaurant Charge Law
What is the main purpose of Florida's new restaurant charge law?
The primary goal of the law is to ensure transparency in restaurant billing by requiring full disclosure of any additional charges before customers place their orders, thus eliminating unexpected fees at checkout.
Does the law ban automatic tips or service charges in Florida?
No, the law does not prohibit automatic tips or service charges. Instead, it mandates that restaurants inform customers about these charges beforehand.
Who enforces the compliance of this new law?
The enforcement of this law is the responsibility of the Florida Department of Business and Professional Regulation, not individual customers through lawsuits.
How are receipts affected by the new regulation?
Receipts must now separate tips, operations charges, and sales taxes into distinct line items. If a tip is included in the operations charge, it must be shown separately.