A Proposed Amendment Could Radically Change Tipping in Florida

Legislation was recently proposed in the Florida House to clarify the conditions under which a patron may be removed from an establishment for not paying their check. At first, the bill, titled Public Lodging and Public Food Service Establishment, seemed unremarkable.

Now, however, State Rep. Demi Busatta is proposing an amendment to the House bill that could radically change tipping in the Sunshine State.

Photo: Florida Politics

The new amendment is being proposed in response to customer complaints about automatic gratuity, especially for takeout orders. Here is what the proposed amendment includes. 

What the Proposed Amendment Entails

The new amendment would allow automatic gratuity to be added for parties of six or more. However, the restaurant must explain who receives the gratuity and how much (what percentage) they are getting.

Additionally, the explanation must be posted on the menu and the receipt. Finally, the customer does not have to pay if the service is not up to par.

Photo: KUOW

“A guest may not be required to pay an automatic gratuity or service charge if the guest complains…about the quality of service provided,” the amendment states.

The Florida Restaurant & Lodging Association Opposes the Amendment

While recent polls suggest that a large majority of Americans feel that tipping culture is out of control, the Florida Restaurant & Lodging Association is opposing the new amendment.

“We understand that customers may be experiencing ‘tip fatigue’ because they are feeling compelled to tip even when, historically, no tip would be warranted,” the group’s vice president for government relations and general counsel, Samantha Padgett, said. “However, many restaurants in Florida and across the U.S. use service charges as a key tool for ensuring service and success.”

Photo: Florida Restaurant & Lodging Association

If the amendment passes, the new law will go into effect on July 1.

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