New legislation proposed in the Florida House could change the way customers tip at restaurants.
The bill, HB 535, entitled “Public Lodging and Public Food Service Establishments,” makes clear the conditions under which a patron may be removed from a restaurant for not paying their bill.
An amendment to the legislation also handles tipping as well as service charges. Customers would not have to pay a required gratuity or service charge if the service wasn’t up to scratch, according to Fox News Digital.
“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.
Meanwhile, service charges or automatic gratuity may only be included for groups with six or more people. The proposed law could also direct restaurants to reveal who’s getting the gratuity or service charge and disclose the percentages.
The Florida Restaurant & Lodging Association said in a statement that they are not in favor of the 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 insuring service and success.”
She added that “Florida statutes already require that a service charge notification appear on the menu and on the customer’s receipt.”
“We feel there are important and effective ways to build on the current notification requirements that are currently in statute, that will result in better customer communication,” said Padgett. “We believe a customer deserves to have the information needed to make their own decisions about where to dine.”
WalletHub found in a recent survey that nine out of 10 Americans think tipping culture is “out of control” in the U.S. As many as 83 percent of Americans think that automatic service charges should be prohibited. Meanwhile, roughly half of Americans revealed that they often tip because of social pressure instead of because of good service.
The proposed law would go into effect on July 1 if it passes. The amendment was put forward by State Rep. Demi Busatta, a Republican, after dining in Miami and receiving a bill with both a pre-set gratuity and a service charge.
“In Miami, we’ve seen a growing circumstance where all the restaurants are automatically including a 20 percent gratuity, or they’re calling it gratuity or service charge or service fee or tip, not just on regular sitdown meals but on take-out as well at fast-casual establishments,” said Busatta, according to ClickOrlando.
