Florida Law Requires Restaurants to List Mandatory Fees on Menus Before Customers Order

Florida restaurants must disclose all mandatory fees before customers order under a new state law signed by Governor Ron DeSantis. The measure, known as the operations charge law, takes effect July 1, 2026. Restaurants and other food-service businesses will have to show service fees, automatic gratuities, credit card surcharges and delivery fees on menus, websites and apps.

The exact percentage or dollar amount of each fee and its purpose must appear in clear text. Bills and receipts must itemize the charges separately. Newsweek reported that the law responds to diner complaints about surprise charges at the end of meals.

It does not ban the fees but requires them to be presented upfront so customers see the full cost before committing. The Federal Trade Commission’s Rule on Unfair or Deceptive Fees took effect in May 2025 yet does not cover restaurants. Florida’s restaurant-specific rules are more prescriptive than many other state measures.

California’s SB 478 took effect July 1, 2024, and requires all businesses to include mandatory fees in advertised prices. A follow-up law, SB 1524, enacted in 2025, allows service charges if they are disclosed with their purpose before purchase. Massachusetts rules effective September 2025 require businesses to state the total price and explain the nature, purpose and amount of any fees at the first point the price is shown.

Colorado, Connecticut, Minnesota and Oregon have enacted or proposed similar disclosure requirements. New York state law presumes service charges are tips that must go entirely to workers unless explained otherwise. New York City rules require conspicuous disclosure of surcharges or mandatory gratuities before ordering.