| 21 | | - | s. 509.214, F.S.; providing definitions; requiring 8 |
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| 22 | | - | public food service establishments that charge an 9 |
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| 23 | | - | operations charge to provide specified notice; 10 |
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| 24 | | - | prohibiting public food service establishments that 11 |
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| 25 | | - | charge an operations charge that is used to compensate 12 |
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| 26 | | - | employees from also charging an automatic gratuity; 13 |
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| 27 | | - | requiring bills and receipts to contain certain 14 |
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| 28 | | - | information; prohibiting a private cause of action; 15 |
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| 29 | | - | providing effective dates. 16 |
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| 21 | + | s. 509.214, F.S.; authorizing public food service 8 |
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| 22 | + | establishments to include an automatic gratuity or 9 |
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| 23 | + | service charge in certain circumstances; requiring 10 |
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| 24 | + | such establishments to provide specified notice; 11 |
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| 25 | + | providing an exception; prohibiting automatic gratuity 12 |
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| 26 | + | or service charges in certain circumstances; providing 13 |
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| 27 | + | for the computation of automatic or suggested gratuity 14 |
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| 28 | + | or service charges; providing construction; providing 15 |
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| 29 | + | an effective date. 16 |
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| 47 | 47 | | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
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| 48 | 48 | | |
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| 49 | 49 | | |
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| 50 | 50 | | |
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| 51 | 51 | | nontransient public lodging establishment as defined in 26 |
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| 52 | 52 | | subparagraph 2. 27 |
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| 53 | 53 | | 1. "Transient public lodging establishment" means any 28 |
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| 54 | 54 | | unit, group of units, dwelling, building, or group of buildings 29 |
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| 55 | 55 | | within a single complex of buildings which is rented to guests 30 |
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| 56 | 56 | | more than three times in a calendar year for periods of less 31 |
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| 57 | 57 | | than 30 consecutive days or 1 calendar month, whichever is less, 32 |
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| 58 | 58 | | or which is advertised or held out to the public as a place 33 |
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| 59 | 59 | | regularly rented to guests for periods of less than 30 34 |
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| 60 | 60 | | consecutive days. 35 |
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| 61 | 61 | | 2. "Nontransient public lodging establis hment" means any 36 |
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| 62 | 62 | | unit, group of units, dwelling, building, or group of buildings 37 |
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| 63 | 63 | | within a single complex of buildings which is rented to guests 38 |
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| 64 | 64 | | for periods of at least 30 consecutive days or 1 calendar month, 39 |
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| 65 | 65 | | whichever is less, or which is advertised or he ld out to the 40 |
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| 66 | 66 | | public as a place regularly rented to guests for periods of at 41 |
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| 67 | 67 | | least 30 consecutive days or 1 calendar month. 42 |
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| 68 | 68 | | 43 |
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| 69 | 69 | | License classifications of public lodging establishments, and 44 |
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| 70 | 70 | | the definitions therefor, are set out in s. 509.242. For the 45 |
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| 71 | 71 | | purpose of licensure, the term does not include condominium 46 |
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| 72 | 72 | | common elements as defined in s. 718.103. 47 |
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| 73 | 73 | | (11) "Transient establishment" means any public lodging 48 |
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| 74 | 74 | | establishment that is rented or leased to guests by an operator 49 |
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| 75 | 75 | | for transient occupancy whose intention is that such guests' 50 |
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| 76 | 76 | | |
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| 84 | 84 | | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
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| 85 | 85 | | |
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| 86 | 86 | | |
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| 87 | 87 | | |
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| 88 | 88 | | occupancy will be temporary . 51 |
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| 89 | 89 | | (12) "Transient occupancy" means occupancy that is when it 52 |
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| 90 | 90 | | is the intention of the parties that the occupancy will be 53 |
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| 91 | 91 | | temporary. The term includes the occupancy of a dwelling unit at 54 |
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| 92 | 92 | | a hotel, motel, vacat ion rental, bed and breakfast inn, or 55 |
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| 93 | 93 | | timeshare project, as defined in s. 509.242, unless a written 56 |
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| 94 | 94 | | rental or lease agreement expressly states that the dwelling 57 |
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| 95 | 95 | | unit is the sole residence of the guest There is a rebuttable 58 |
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| 96 | 96 | | presumption that, when the dwelli ng unit occupied is not the 59 |
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| 97 | 97 | | sole residence of the guest, the occupancy is transient . 60 |
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| 98 | 98 | | (14) "Nontransient establishment" means any public lodging 61 |
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| 99 | 99 | | establishment that is rented or leased to guests by an operator 62 |
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| 100 | 100 | | for nontransient occupancy whose intention is that the dwelling 63 |
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| 101 | 101 | | unit occupied will be the sole residence of the guest . 64 |
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| 102 | 102 | | (15) "Nontransient occupancy" means occupancy that is not 65 |
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| 103 | 103 | | when it is the intention of the parties that the occupancy will 66 |
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| 104 | 104 | | not be temporary. The term does not include the occupancy o f a 67 |
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| 105 | 105 | | dwelling unit at a hotel, motel, vacation rental, bed and 68 |
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| 106 | 106 | | breakfast inn, or timeshare project, as defined in s. 509.242, 69 |
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| 107 | 107 | | unless a written rental or lease agreement expressly states that 70 |
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| 108 | 108 | | the dwelling unit is the sole residence of the guest There is a 71 |
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| 109 | 109 | | rebuttable presumption that, when the dwelling unit occupied is 72 |
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| 110 | 110 | | the sole residence of the guest, the occupancy is nontransient . 73 |
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| 111 | 111 | | Section 2. Section 509.141, Florida Statutes, is amended 74 |
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| 112 | 112 | | to read: 75 |
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| 113 | 113 | | |
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| 121 | 121 | | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
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| 122 | 122 | | |
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| 123 | 123 | | |
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| 124 | 124 | | |
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| 125 | 125 | | 509.141 Refusal of admission and ejection of undesirable 76 |
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| 126 | 126 | | guests; notice; procedure; penalties for refusal to leave. — 77 |
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| 127 | 127 | | (1) The operator of a any public lodging establishment or 78 |
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| 128 | 128 | | public food service establishment may remove or cause to be 79 |
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| 129 | 129 | | removed from such establishment, in the manner hereinafter 80 |
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| 130 | 130 | | provided for in this section, any guest of the establishment 81 |
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| 131 | 131 | | who: 82 |
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| 132 | 132 | | (a) who, While on the premises of the establishment, 83 |
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| 133 | 133 | | illegally possesses or deals in controlled substances as defined 84 |
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| 134 | 134 | | in chapter 893 or is intoxicated, profane, lewd, or brawling; 85 |
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| 135 | 135 | | (b) who Indulges in any language or conduct which disturbs 86 |
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| 136 | 136 | | the peace and comfort of other guests or which injures the 87 |
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| 137 | 137 | | reputation, dignity, or standing of the establishment; 88 |
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| 138 | 138 | | (c) who, In the case of a public lodging establishment, 89 |
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| 139 | 139 | | fails to make payment of rent at the agreed -upon rental rate by 90 |
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| 140 | 140 | | the agreed-upon checkout time specified in writing by the public 91 |
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| 141 | 141 | | lodging establishment ; 92 |
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| 142 | 142 | | (d) who, In the case of a public lodging establishment, 93 |
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| 143 | 143 | | fails to check out by the time specified in writing by the 94 |
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| 144 | 144 | | agreed upon in writing by the guest and public lodging 95 |
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| 145 | 145 | | establishment at check -in, unless an extension of time is agreed 96 |
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| 146 | 146 | | to by the public lodging establishment and guest before prior to 97 |
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| 147 | 147 | | checkout; 98 |
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| 148 | 148 | | (e) who, In the case of a public food service 99 |
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| 149 | 149 | | establishment, fails to make payment for f ood, beverages, or 100 |
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| 150 | 150 | | |
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| 158 | 158 | | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
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| 159 | 159 | | |
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| 160 | 160 | | |
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| 161 | 161 | | |
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| 162 | 162 | | services; or 101 |
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| 163 | 163 | | (f) who, In the opinion of the operator, is a person the 102 |
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| 164 | 164 | | continued entertainment of whom would be detrimental to such 103 |
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| 165 | 165 | | establishment. 104 |
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| 166 | 166 | | 105 |
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| 167 | 167 | | The admission to, or the removal from, such establishment shall 106 |
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| 168 | 168 | | not be based upon race , creed, color, sex, physical disability, 107 |
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| 169 | 169 | | or national origin. 108 |
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| 170 | 170 | | (2) The operator of a any public lodging establishment or 109 |
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| 171 | 171 | | public food service establishment shall notify the such guest 110 |
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| 172 | 172 | | that the establishment no longer desires to entertain the guest 111 |
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| 173 | 173 | | and shall request that the such guest immediately depart from 112 |
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| 174 | 174 | | the establishment. The such notice may be given orally or in 113 |
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| 175 | 175 | | writing. An operator of a public lodging establishment that 114 |
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| 176 | 176 | | requests that a guest immediately depart due to the guest's 115 |
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| 177 | 177 | | failure to check out or pay for the dwelling unit by check -out 116 |
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| 178 | 178 | | time must provide the notice in writing via e -mail, text 117 |
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| 179 | 179 | | message, or printed paper. The notice is effective upon 118 |
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| 180 | 180 | | delivery, whether notice is provided in person or by telephone 119 |
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| 181 | 181 | | or e-mail, using the contact informati on provided by the guest, 120 |
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| 182 | 182 | | or, with respect to a public lodging establishment, upon 121 |
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| 183 | 183 | | delivery to the guest's dwelling unit. If the notice is in 122 |
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| 184 | 184 | | writing, it shall be as follows: 123 |
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| 185 | 185 | | "You are hereby notified that this establishment no longer 124 |
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| 186 | 186 | | desires to entertain you as its guest, and you are requested to 125 |
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| 187 | 187 | | |
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| 195 | 195 | | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
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| 196 | 196 | | |
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| 197 | 197 | | |
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| 198 | 198 | | |
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| 199 | 199 | | leave at once. To remain after receipt of this notice is a 126 |
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| 200 | 200 | | misdemeanor under the laws of this state." 127 |
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| 201 | 201 | | If the such guest has paid in advance, the establishment shall, 128 |
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| 202 | 202 | | at the time the such notice is given, tender to the such guest 129 |
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| 203 | 203 | | the unused portion of the advance payment; however, the 130 |
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| 204 | 204 | | establishment may withhold payment for each full day that the 131 |
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| 205 | 205 | | guest has been entertained at the establishment for any portion 132 |
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| 206 | 206 | | of the 24-hour period of the such day. 133 |
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| 207 | 207 | | (3) A Any guest who remains or attempts to remain in any 134 |
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| 208 | 208 | | such establishment after a request by the operator to depart 135 |
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| 209 | 209 | | under subsection (2) commits being requested to leave is guilty 136 |
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| 210 | 210 | | of a misdemeanor of the second degree, punishable as provided in 137 |
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| 211 | 211 | | s. 775.082 or s. 775.083. 138 |
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| 212 | 212 | | (4) If a guest remains any person is illegally on the 139 |
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| 213 | 213 | | premises of a any public lodging establishment or public food 140 |
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| 214 | 214 | | service establishment after a request by the operator to depart 141 |
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| 215 | 215 | | under subsection (2) , the operator of such establishment may 142 |
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| 216 | 216 | | call upon a any law enforcement officer of this state for 143 |
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| 217 | 217 | | assistance. It is the duty of the such law enforcement officer, 144 |
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| 218 | 218 | | upon the request of the such operator, to remove a place under 145 |
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| 219 | 219 | | arrest and take into custody for violation of this section any 146 |
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| 220 | 220 | | guest who remains on the premises of such an establishment after 147 |
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| 221 | 221 | | a request by the operator to depart under subsection (2). 148 |
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| 222 | 222 | | (5) A law enforcement officer may place under arrest and 149 |
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| 223 | 223 | | take into custody a guest who violates subsection (3) in the 150 |
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| 224 | 224 | | |
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| 232 | 232 | | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
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| 233 | 233 | | |
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| 234 | 234 | | |
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| 235 | 235 | | |
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| 236 | 236 | | presence of the officer . If a warrant has been issued by the 151 |
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| 237 | 237 | | proper judicial officer for the arrest of a any violator of 152 |
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| 238 | 238 | | subsection (3), the officer shall serve the warrant, arrest the 153 |
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| 239 | 239 | | person, and take the person into custody. Upon arrest, with or 154 |
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| 240 | 240 | | without warrant, the guest is will be deemed to have given up 155 |
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| 241 | 241 | | any right to occupancy or to have abandoned such right of 156 |
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| 242 | 242 | | occupancy of the premises, and the operator of the establishment 157 |
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| 243 | 243 | | may then make such premises available to other guests. However, 158 |
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| 244 | 244 | | the operator of the establishment shall empl oy all reasonable 159 |
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| 245 | 245 | | and proper means to care for any personal property which may be 160 |
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| 246 | 246 | | left on the premises by the such guest and shall refund any 161 |
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| 247 | 247 | | unused portion of moneys paid by the such guest for the 162 |
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| 248 | 248 | | occupancy of the such premises. 163 |
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| 249 | | - | Section 3. Effective J uly 1, 2026, section 509.214, 164 |
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| 250 | | - | Florida Statutes, is amended to read: 165 |
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| 251 | | - | 509.214 Notification of automatic operations gratuity 166 |
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| 252 | | - | charge and public food service establishment receipts .— 167 |
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| 253 | | - | (1) As used in this subsection, the term: 168 |
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| 254 | | - | (a) "Gratuity" or "tip" means a sum presented by a 169 |
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| 255 | | - | customer as a gift or contribution in recognition of service 170 |
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| 256 | | - | performed, the payment and amount of which is at the discretion 171 |
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| 257 | | - | of the customer. 172 |
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| 258 | | - | (b) "Operations charge" means an automatic fee or charge, 173 |
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| 259 | | - | other than a government -imposed tax, that a customer is required 174 |
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| 260 | | - | to pay in addition to the cost of the food and beverage 175 |
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| 249 | + | Section 3. Section 509 .214, Florida Statutes, is amended 164 |
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| 250 | + | to read: 165 |
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| 251 | + | 509.214 Notification of Automatic gratuity or service 166 |
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| 252 | + | charge.— 167 |
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| 253 | + | (1)(a) A Every public food service establishment may 168 |
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| 254 | + | include which includes an automatic gratuity or service charge 169 |
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| 255 | + | in the price of food or beverages for parties of six or more 170 |
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| 256 | + | guests. the meal 171 |
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| 257 | + | (b) A public food service establishment shall include on 172 |
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| 258 | + | the food menu, and on the face of every bill provided to a 173 |
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| 259 | + | guest, and on the face of every item or receipt required to be 174 |
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| 260 | + | signed by a guest the bill provided to the customer notice that 175 |
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| 273 | | - | purchased. The term includes, but is not limited to, service 176 |
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| 274 | | - | charges, automatic gratuities, credit card surcharges, and 177 |
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| 275 | | - | delivery fees. 178 |
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| 276 | | - | (2) Every public food service e stablishment which charges 179 |
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| 277 | | - | an operations charge includes an automatic gratuity or service 180 |
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| 278 | | - | charge in the price of the meal shall include a notice on the 181 |
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| 279 | | - | food menu, written contract, and website or mobile application 182 |
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| 280 | | - | where food and beverage orders are placed , as applicable, that 183 |
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| 281 | | - | includes the amount or percentage of the operations charge and 184 |
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| 282 | | - | the purpose of the operations charge. Such notice must appear in 185 |
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| 283 | | - | a font that is equal to or greater than the font used for menu 186 |
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| 284 | | - | item descriptions or the general provisions of the written 187 |
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| 285 | | - | contract. If the public food service establishment does not 188 |
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| 286 | | - | provide menus, table service, or written contracts for banquet, 189 |
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| 287 | | - | catering, or event services, the operations charge notice must 190 |
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| 288 | | - | appear in an obvious and clearly readable manner on t he menu 191 |
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| 289 | | - | board or on an obvious and clearly readable sign by the register 192 |
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| 290 | | - | where the customer pays. However, a public food service 193 |
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| 291 | | - | establishment that charges an operations charge that is used to 194 |
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| 292 | | - | compensate employees may not also charge an automatic gratuity. 195 |
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| 293 | | - | (3) There must be a notice and on the face of the bill 196 |
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| 294 | | - | provided to the customer that an operations charge notice that 197 |
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| 295 | | - | an automatic gratuity is included. The notice must clearly state 198 |
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| 296 | | - | the percentage or amount of the operations charge. 199 |
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| 297 | | - | (4) Each copy of a receipt that a customer receives must 200 |
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| 298 | | - | |
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| 299 | | - | CS/CS/HB 535 2025 |
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| 300 | | - | |
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| 301 | | - | |
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| 302 | | - | |
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| 303 | | - | CODING: Words stricken are deletions; words underlined are additions. |
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| 304 | | - | hb535-02-c2 |
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| 305 | | - | Page 9 of 9 |
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| 306 | | - | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
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| 307 | | - | |
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| 308 | | - | |
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| 309 | | - | |
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| 310 | | - | contain separate lines for gratuity, an operations charge, and 201 |
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| 311 | | - | sales tax so that it is clear to the customer what is being 202 |
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| 312 | | - | charged. If the operations charge is an automatic gratuity, it 203 |
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| 313 | | - | must be separately stated on t he receipt. 204 |
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| 314 | | - | (5) This section does not create a private cause of action 205 |
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| 315 | | - | related to compliance with the requirements of this section. 206 |
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| 316 | | - | Section 4. Except as otherwise expressly provided in this 207 |
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| 317 | | - | act, this act shall take effect July 1, 2025. 208 |
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| 273 | + | an automatic gratuity or service charge is included. The notice 176 |
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| 274 | + | must list the recipient of the gratuity or service charge and 177 |
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| 275 | + | the percentage the person or business entity is receiving. 178 |
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| 276 | + | (c) A guest is not required to pay an automatic gratuity 179 |
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| 277 | + | or service charge pursuant to this subsection if the guest 180 |
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| 278 | + | requests not to pay such gratuity or service charge. 181 |
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| 279 | + | (2) A public food service establishment may not include an 182 |
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| 280 | + | automatic gratuity or service charge in the price of food or 183 |
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| 281 | + | beverages for parties of fewer than six guests. 184 |
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| 282 | + | (3) If an automatic or suggested gratuity or service 185 |
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| 283 | + | charge is based on the price of the food or beverages purchased 186 |
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| 284 | + | by a guest, it must be based on the price of the food or 187 |
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| 285 | + | beverages before taxes. 188 |
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| 286 | + | (4) For purposes of this section, the terms "gratuity" and 189 |
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| 287 | + | "service charge" include any type of charge or required payment 190 |
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| 288 | + | other than the price of food or beverages. 191 |
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| 289 | + | Section 4. This act shall take effect July 1, 2025. 192 |
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