Starting July 1, 2026, Florida wants restaurants to be clearer about extra fees they tack onto your bill. So, if your restaurant adds any mandatory fees, customers should know about it upfront and throughout the entire dining process.
These fees could be service charges, auto-gratuities, delivery fees, credit card surcharges, and others that aren’t taxes.
Florida calls these “operations charges,” and the Florida Senate made a deal that restaurants need to list these charges on food menus, contracts, and any website or app used for ordering.
This Is More Than a Receipt Issue
The law touches on a lot of places where guests might see prices:
- Your menus
- Your website
- Your online order page
- Catering contracts
- Point-of-sale (POS) system receipts
Operations charges, which are not voluntary tips but additional fees that diners are obligated to pay, must be explained properly.
Common Examples of Operation Changes
Examples of these operations charges include:
- Service charges
- Auto-gratuities
- Credit card surcharges
- Delivery fees
- Event service fees
Menus Must Clearly Show the Fee
It’s super important to clearly state these fees on menus and elsewhere. Fox Rothschild gives a great example of how restaurants need to handle menu wording to stay compliant with the new rule. They say the restaurant needs to tell guests the amount and purpose of the charge. No hiding fees in small print!
What Guests Should See
Guests should be able to answer these questions before ordering:
- How much is the fee?
- Why is the fee being charged?
- Is the fee required?
- Is the fee separate from a voluntary tip?
Online Orders Need Fee Disclosure Before Checkout
For online orders, make sure customers can see these extra fees before they hit the checkout button. Showing it too late in the game could tick off customers and result in payment issues or negative reviews.
Where Online Fees Should Appear
- Online menus
- Order confirmation pages
- Delivery order pages
- Mobile apps
- QR code ordering pages
- Final checkout screens
Catering Contracts Should Spell Out Fees
When setting up catering orders, make sure to include the details of the service charges or fees in written contracts. There is no room for misunderstandings here. Both sides should know exactly what they are agreeing to.
What to Include in the Contract
- The fee amount or percentage
- What the fee covers
- Whether the fee is required
- Whether it is separate from a tip
- How it appears on the final bill
Receipts Must Separate Fees, Tips, and Tax
Receipts are crucial too. Starting July 1, 2026, POS systems will need to distinguish between what’s a gratuity, an operation charge, and the sales tax.
Guests should be able to easily read a receipt and understand what they paid for.
Auto-Gratuity Must Run Through Payroll
Automatic gratuity isn’t the same as a voluntary tip. Since restaurants require customers to pay it, the IRS considers it a service charge, not a tip. Because of this, any auto-gratuity for staff must go through payroll and have the correct taxes withheld. It can’t just be paid out in cash at the end of a shift, like regular tips would be.
This impacts how you set up your POS system, handle payroll, and train your staff.
If your team is accustomed to cashing in auto-gratuity, that process will need to change. The IRS stresses that any service charges added by employers are considered wages and are taxable.
Your POS System Plays a Big Role
One major thing to keep in mind is making sure all the pieces of your business match up. If you’re charging an extra fee at the table, guests should see it when they order online, at the counter, through QR codes, and when they settle their tab on a device.
Restaurant POS systems play a key role here, since everything – receipts, menus, payment options – is run through it. Having one system or platform that doesn’t align with the others can really confuse customers.
Test the Guest Experience
Restaurant owners should go through each step as a customer would, from visiting the site to paying. Do all the paths show the same information regarding the fees?
Clear Fees Help Build Trust
Setting things up this way builds trust with guests. Nothing good comes from surprises on the bill.
If you run a Florida restaurant, brush up on these new rules and get ready well before July 1, 2026. Make sure all your fees are clear from start to finish and that customers don’t feel caught off guard.
Quick Checklist for Florida Restaurants
Here’s a quick wrap-up of important tasks:
- Go through every mandatory fee the restaurant charges.
- Figure out which ones count as operation charges.
- Make sure they’re listed clearly with explanations.
- Add the info online, in contracts, and everywhere else.
- Double-check those receipts.
- Get staff trained to explain fees the same way.
- Confirm everything’s working correctly with your POS provider.
By ticking these boxes early, you keep things smooth and avoid last-minute scrambles. After all, guests shouldn’t be blindsided, and happy customers equal positive reviews and return visits.
Need Help Getting Your POS Ready Before July 1, 2026?
Card Systems can help check your fee setup, receipt lines, online ordering flow, and payment device settings to ensure your guests get the right info at the right time.
Contact Card Systems today to get started.
