Florida credit card surcharge law

Yes — Florida allows credit-card surcharges within card-network limits after Dana's Railroad Supply (11th Cir. 2015), with disclosure and 2026 food-service operations-charge rules.

Rule: Fla. Stat. §501.0117 still bans credit-card surcharges on paper, but the Eleventh Circuit held it unconstitutional under the First Amendment (Dana's Railroad Supply v. Attorney General, 807 F.3d 1235 (11th Cir. 2015)). The Florida Attorney General says merchants in Florida may add a surcharge to credit card purchases, within card-network limits and with disclosure before purchase. From July 1, 2026, Fla. Stat. §509.214 requires public food service establishments to disclose any 'operations charge', which expressly includes credit card surcharges, on menus, ordering websites and apps, and the bill, and to show it as a separate line on the receipt.

Disclosure: Disclose credit-card surcharges before purchase; food-service operations charges must follow §509.214 from July 1, 2026.

What this means for a $100 sale: On a $100 credit-card sale at a typical 2.9% + $0.30 rate, a compliant surcharge might be about $3.00 (customer pays about $103.00).

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This page is for general information only and is not legal advice. Rules change—verify with primary sources and professional counsel before surcharging.