Florida Statutes

Fla. Stat. § 509.214 (2025)

Notification of automatic gratuity charge.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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¹509.214 Notification of automatic gratuity charge.—Every public food service establishment which includes an automatic gratuity or service charge in the price of the meal shall include on the food menu and on the face of the bill provided to the customer notice that an automatic gratuity is included.

History.—s. 1, ch. 86-24; s. 1, ch. 88-16; ss. 21, 52, ch. 90-339; s. 4, ch. 91-429; s. 3, ch. 2025-113.

¹Note.—Section 3, ch. 2025-113, amended s. 509.214, effective July 1, 2026, to read:

509.214 Notification of automatic operations charge and public food service establishment receipts.—

(1) As used in this section, the term:

(a) “Gratuity” or “tip” means a sum presented by a customer as a gift or contribution in recognition of service performed, the payment and amount of which is at the discretion of the customer.

(b) “Operations charge” means an automatic fee or charge, other than a government-imposed tax, that a customer is required to pay in addition to the cost of the food and beverage purchased. The term includes, but is not limited to, service charges, automatic gratuities, credit card surcharges, and delivery fees.

(2) Every public food service establishment which charges an operations charge shall include a notice on the food menu, written contract, and website or mobile application where food and beverage orders are placed, as applicable, that includes the amount or percentage of the operations charge and the purpose of the operations charge. Such notice must appear in a font that is equal to or greater than the font used for menu item descriptions or the general provisions of the written contract. If the public food service establishment does not provide menus, table service, or written contracts for banquet, catering, or event services, the operations charge notice must appear in an obvious and clearly readable manner on the menu board or on an obvious and clearly readable sign by the register where the customer pays.

(3) There must be a notice on the face of the bill provided to the customer that an operations charge is included. The notice must clearly state the percentage or amount of the operations charge.

(4) Each copy of a receipt that a customer receives must contain separate lines for gratuity, an operations charge, and sales tax so that it is clear to the customer what is being charged. If the operations charge includes an automatic gratuity, it must be separately stated on the receipt.

(5) This section does not create a private cause of action related to compliance with the requirements of this section.

(6) This section does not apply to the purchase of a dining plan or package or fixed-price meal for which the price of the plan or package or meal is disclosed to the customer before purchase.

Notes of Decisions

Cited in 9 cases (6 in the last 5 years), 2018–2022 · leading case: Fox v. Loews Corp., 309 F. Supp. 3d 1241 (S.D. Fla. 2018).

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Fox v. Loews Corp., 309 F. Supp. 3d 1241 (S.D. Fla. 2018). · cites it 5× “214, Florida Statutes, "[e]very public food service establishment which includes an automatic gratuity or service charge in the price of the meal shall include on the food menu and on the face of the bill provided to the customer notice that an automatic gratuity is included.”

Michael Fox v. The Ritz-Carlton Hotel Co., LLC, 977 F.3d 1039 (11th Cir. 2020). “Fla. Stat. § 509.214 . If a restaurant in Miami-Dade County adds an “automatic tip,” it must post a notice “conspicuously, either on a sign or in a statement on the business’s menu or price listing in the same form and manner as the other items on the menu or price listing, and…”

Soliman v. Sobe Miami, LLC, 312 F. Supp. 3d 1344 (S.D. Fla. 2018). · cites it 2× “at 19 (citing Fla. Stat. § 509.214 ("Every public food service establishment which includes an automatic gratuity or service charge in the price of the meal shall include on the food menu and on the face of the bill provided to the customer notice that an automatic gratuity is…”

Fox v. The Ritz-Carlton Hotel Co., LLC (S.D. Fla. 2022). · cites it 3× “Fla. Stat. § 509.214 . Counts One and Two of the Amended Complaint allege violations of the Florida Unfair and Deceptive Trade Practices Act (“FDUPTA”), and Counts Four and Five seek a declaratory judgment and injunctive relief under FDUPTA, respectively.”

Fox v. The Ritz-Carlton Hotel Co., LLC (S.D. Fla. 2022). · cites it 2× “§ 509.214 . 2 “Public food service establishment” means any building, vehicle, place, or structure, or any room or division in a building, vehicle, place, or structure where food is prepared, served, or sold for immediate consumption on or in the vicinity of the premises; called…”

Fox v. The Ritz-Carlton Hotel Co., LLC (S.D. Fla. 2022). · cites it 2× “214 of the Florida Statutes, which requires every public food establishment that includes an automatic gratuity or service charge in the price of the meal to provide notice of the automatic gratuity on both the food menu and on the face of the bill provided to the customer, and…”

Fox v. The Ritz-Carlton Hotel Co., LLC (S.D. Fla. 2022). “BACKGROUND Plaintiff, Michael Fox, filed this consumer class action on behalf of himself and all others similarly situated against Ritz-Carlton alleging violations of Section 509.214 of the Florida Statutes, which requires every public food establishment3 that includes an…”

Fox v. The Ritz-Carlton Hotel Co., LLC (S.D. Fla. 2022). “Fox filed this consumer class action on behalf of himself and all others similarly situated against Ritz-Carlton alleging violations of Section 509.214 of the Florida Statutes, which requires every public food establishment1 that includes an automatic gratuity or service charge…”

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