A new regulation requiring restaurants in Florida to be fully transparent about any additional charges they impose on their customers took effect this Wednesday, putting an end to the practice of surprising diners with hidden fees at the time of payment.
This concerns 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 gratuities or service charges; rather, it requires establishments to disclose them before the customer places their order.
The central focus of the law is the concept of "service charge," defined as any automatic fee—distinct from a government tax—that the customer must pay in addition to the cost of food and beverages.
This includes automatic tips, 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 charge and its purpose, in a font size 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.
The receipts will also change: 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 appear separately.
The law addresses a trend that had become increasingly common in the state's dining industry, where many restaurants were adding multiple inconspicuous fees—such as a 3% local fee, service charges ranging from 18% to 25%, and credit card surcharges—that surprised customers, particularly foreign tourists.
That discomfort reached 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 then.
The legislative debate that preceded this law was intense.
In March 2025, Republican representative Demi Busatta from Coral Gables, promoted a more restrictive bill that would limit automatic tips to groups of six or more and allow them to be declined in case of service complaints.
"In Miami, we have seen that more and more restaurants automatically include a 20% tip, whether they call it a tip, service charge, or service fee," the legislator noted.
However, it was the SB 606 -of 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 adhere to notice rules; the responsibility for enforcing the regulation 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 prior to purchase.
A study from November 2024 revealed that tips account for 21% of the average income of a restaurant employee in Florida, highlighting the economic weight of these fees for workers in the sector and explaining the industry's resistance to eliminating them altogether.
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