Beginning July 1, 2026, Florida restaurants face expanded disclosure requirements when adding certain mandatory charges to a customer’s bill.
Under Florida law, mandatory charges such as credit card surcharges, service charges, automatic gratuities and delivery fees may be considered “operations charges.” Restaurants that impose these charges in addition to the advertised cost of food and beverages need to make sure customers are clearly informed before making a purchase.
What restaurants need to disclose
If your restaurant adds a credit card fee or another operations charge, simply placing a sign on the door or next to the payment terminal may not be enough.
The amount or percentage of the charge, along with an explanation of its purpose, must be disclosed where applicable on:
- Food menus
- Written contracts
- Restaurant websites
- Mobile apps used for ordering
The disclosure must also be prominent and readable. Florida’s requirements address the size of the disclosure relative to other text appearing on menus and contracts.
Restaurants that do not use traditional menus, table service or applicable written contracts must provide a clear and conspicuous notice on the menu board or near the point of sale.
Don’t forget the bill and receipt
The disclosure requirements extend beyond the menu.
The customer’s bill must identify the amount or percentage of the operations charge. Receipts must separately identify gratuity, operations charges and sales tax. If an operations charge includes an automatic gratuity, the gratuity must also be separately stated.
For restaurant owners, this means disclosures need to be coordinated across the entire payment experience, from the menu and online ordering system to the POS, customer bill and final receipt.
Where dual pricing may offer an alternative
The new requirements also highlight an important distinction between adding a fee to a posted price and establishing different pricing for cash and card payments.
With a properly structured dual-pricing program, the displayed price is the card price. Customers who choose to pay with cash receive a clearly disclosed discount. Rather than adding a credit card fee to the advertised price at checkout, the card customer pays the price that was already displayed.
That distinction can make dual pricing an attractive option for restaurants looking to offset payment-processing costs while providing customers with clear pricing upfront.
However, the details matter. Pricing should be presented consistently across menus, websites, online ordering platforms, POS systems and receipts, and restaurants should make sure their program complies with applicable Florida law as well as card-brand requirements.
Not sure which approach is right for your restaurant?
Surcharging and dual pricing are not the same program, and the right approach depends on how your restaurant accepts payments and how your POS and ordering systems are configured.
At Clarity EPS, we help restaurant owners understand their options and structure a payment program that fits their operation while keeping compliance and the customer experience in mind.
Before simply adding a credit card fee, understand your options.