Field Notes

Rule change August 25, 2026

Florida restaurants have to spell out the service charge from July

From 1 July 2026, Florida restaurants must disclose any automatic non-tax charge on the menu, the website, the bill and the receipt. If you add a service charge, kitchen fee or card surcharge, it has to be visible before someone orders.

In force since July 1, 2026

Florida has a new disclosure rule for restaurants, and it takes effect on 1 July 2026. If you add an automatic charge that is not tax — a service charge, an operational charge, a kitchen fee, a card surcharge — it has to be disclosed on the menu, on the website, on the bill and on the receipt.

The disclosure has to be there before the customer orders, not just on the bill at the end. That is the part most operators will get wrong, because a line on the receipt feels like disclosure and legally is not.

What this actually means for you

If you run a restaurant in Florida and you add anything automatic, four places now need to say so. Most kitchens we see have it in one: the bill.

The second thing worth checking is what the charge is called. A charge described in a way that implies it is a tax, or a government requirement, is a different and worse problem than one that is simply undisclosed — and that is true well beyond Florida.

What we would ask

  • Do you add any automatic non-tax charge today, including a card surcharge?
  • Is it on the menu and the website, or only on the bill?
  • What is it called, and would a customer understand what it pays for?
  • If your POS prints it, can the wording be changed before July?

None of that needs us. It needs an hour with your menu, your website and your POS receipt template. If the answer turns out to be awkward, we are happy to look at it with you.

Where this comes from

We link the source rather than asking you to take our word for it. If a source moves or turns out to be wrong, tell us and we will correct the note rather than quietly delete it.

Terms in this note

  • Florida Food Service Operational Charge Law (effective July 1, 2026)Florida law requiring restaurants to disclose any automatic non-tax charge on menus, websites, bills and receipts, effective July 1, 2026.
  • SurchargeAn extra fee added to a credit card sale to offset processing cost. Credit only, never debit, and heavily rule-bound.
  • Cash DiscountPosting card prices and offering a lower price for cash. Legal everywhere - but only if it is genuinely a discount, not a fee in disguise.

Not sure how this applies to you?

That is the sort of thing a review is for. It costs nothing and often ends with us saying nothing needs to change.

Start my review