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A new regulation requiring restaurants in Florida to be completely transparent about additional charges they impose on their customers came into effect this Wednesday, putting an end to the practice of surprising diners with hidden fees at the time of payment.
These are the key provisions of the SB 606 law, signed by Governor Ron DeSantis in June 2025, but whose implementation was postponed until July 1, 2026.
According to ClickOrlando, the regulation does not prohibit automatic tips or service charges, but it requires establishments to inform customers about them before they place their order.
The central focus of the law is the concept of "operational charge," defined as any automatic fee—other than a government tax—that the customer must pay in addition to the cost of food and beverages.
This includes automatic gratuities, service charges, delivery fees, and credit card surcharges.
Under the new regulation, physical menus, websites, mobile applications, and written contracts must indicate the amount or percentage of the fee and its purpose, in a font that is at least as large as the descriptions of the dishes.
In establishments without a traditional menu, such as fast food restaurants, the notice must be displayed on a visible sign on the menu board or near the cash register.
Receipts are also changing: they must itemize the tip, the service charge, and the sales tax on separate lines. If the service charge includes an automatic tip, it must be shown separately.
The law responds to a trend that had become increasingly common in the state's culinary industry, where many restaurants added multiple hidden charges—such as a 3% venue fee, service charges ranging from 18% to 25%, and credit card surcharges—that caught customers off guard, especially foreign tourists.
That discomfort made its way to social media. In July 2025, a Cuban reported on TikTok the included in the bill.
"They treat you poorly, and in the end, you have to pay a mandatory tip. I'm not generalizing, but it's happening," he said.
The legislative debate that preceded this law was intense.
In March 2025, Republican representative Demi Busatta from Coral Gables, promoted a more restrictive proposal that would limit automatic gratuities to groups of six or more people and allow them to be declined in the event of service complaints.
"In Miami, we have seen that more and more restaurants automatically include a 20% tip, whether they call it a gratuity, service charge, or service fee," noted the legislator.
However, it was the SB 606 -with a more moderate scope- that ultimately advanced and received DeSantis's signature.
The Florida Restaurant and Lodging Association (FRLA) supported this approach. Its Vice President of Government Relations, Samantha Padgett, argued that "many restaurants rely on these charges to ensure service quality and business success."
The law also establishes that customers cannot sue a business solely for failing to comply with the notice requirements; the responsibility for enforcing the rule lies with the Florida Department of Business and Professional Regulation.
It also does not apply to meal plans or fixed-price packages where the total is disclosed before purchase.
A study from November 2024 revealed that tips account for 21% of the average income of a restaurant employee in Florida, a figure that underscores the economic significance of these charges for workers in the sector and explains the industry's reluctance to eliminate them completely.
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