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Florida Statute 509.214 - Full Text and Legal Analysis
Florida Statute 509.214 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
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The 2025 Florida Statutes

Title XXXIII
REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS
Chapter 509
LODGING AND FOOD SERVICE ESTABLISHMENTS; MEMBERSHIP CAMPGROUNDS
View Entire Chapter
F.S. 509.214
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.

F.S. 509.214 on Google Scholar

F.S. 509.214 on CourtListener

Amendments to 509.214


Annotations, Discussions, Cases:

Cases Citing Statute 509.214

Total Results: 3

Soliman v. Sobe Miami, LLC

312 F. Supp. 3d 1344

District Court, S.D. Florida | Filed: May 14, 2018 | Docket: 64318872

Cited 2 times | Published

on the menu. (Resp. at 19 (citing Fla. Stat. § 509.214 ("Every public food service establishment which

Fox v. Loews Corp.

309 F. Supp. 3d 1241

District Court, S.D. Florida | Filed: Apr 13, 2018 | Docket: 64318603

Cited 2 times | Published

establishment or restaurant. (See id. ¶ 11). Under Section 509.214, Florida Statutes, "[e]very public food service

Michael Fox v. The Ritz-Carlton Hotel Company, LLC

Court of Appeals for the Eleventh Circuit | Filed: Sep 29, 2020 | Docket: 18483184

Published

the automatic gratuity is included. Fla. Stat. § 509.214. If a restaurant in Miami-Dade County adds an