Florida Tip Pooling Laws (2026)
Since September 30, 2026, Florida’s minimum wage is $15.00 an hour and tipped employees must get at least $11.98 in cash, with a fixed $3.02 tip credit; these rates hold through December 31, 2027. Florida has no tip pooling statute, so federal rules decide who can share tips, and since July 1, 2026, restaurants must disclose service charges and other automatic fees on menus and bills.
Last reviewed October 11, 2026.
At a glance
| Minimum wage | $15.00 an hour from September 30, 2026, through December 31, 2027 |
|---|---|
| Tipped cash wage | $11.98 an hour (tip credit fixed at $3.02) |
| Required tip pools | Allowed under federal rules |
| Back-of-house in a pool | Only where no tip credit is taken |
| Owners, managers, supervisors | Never |
| Card fees taken from tips | Federal rule: actual percentage |
| Service charges | Must be disclosed on menus, bills and receipts |
| Local minimum wages | Not allowed |
Minimum wage and tipped wage
Florida’s minimum wage reached $15.00 on September 30, 2026. Tipped employees must get at least $11.98 an hour in cash, which is $15.00 minus the tip credit, fixed at its 2003 amount of $3.02 (Florida Constitution, art. X, § 24). These rates apply through December 31, 2027; after that the rate is adjusted for inflation each January 1, starting in 2028. Only employees entitled to the federal minimum wage get the state minimum (Fla. Stat. § 448.110), and cities and counties cannot set their own (§ 218.077).
When this page was checked, the US Department of Labor’s tipped wage table still showed Florida’s previous $14.00 and $10.98.
Who can share in a tip pool
Florida has no tip pool statute, and its constitution says federal case law and interpretations guide the state minimum wage. So the federal rules apply: with a tip credit, a required pool is limited to employees who customarily and regularly receive tips, and managers, supervisors and owners can never share.
One point is not settled. An employer paying $11.98 pays more than the federal $7.25 but still takes Florida’s tip credit, and no official guidance says whether its pool may include cooks or dishwashers. The cautious approach is to pay everyone in a pool that includes back-of-house staff the full $15.00.
Credit card tips
Florida has no rule of its own, so the federal guidance applies: only the actual processing percentage may be deducted, and the tip must be paid by the regular payday.
Service charges and other automatic fees
From July 1, 2026, a Florida restaurant that adds an “operations charge”, meaning any automatic fee such as a service charge, automatic gratuity, card surcharge or delivery fee, must disclose it with its amount or percentage and purpose on menus, in contracts and online, note it on the face of the bill, and show gratuity, operations charge and sales tax on separate lines of the receipt (Fla. Stat. § 509.214). Under federal wage law, service charges are not tips.
Notice and claims
Employers must display the Florida minimum wage poster (Fla. Stat. § 448.109). Before suing, an employee must give the employer written notice, and the employer has 15 days to resolve the claim (§ 448.110).
Florida tip pooling FAQ
What is the tipped minimum wage in Florida?
$11.98 an hour since September 30, 2026, with tips making up the rest of the $15.00 minimum. It stays at $11.98 through December 31, 2027.
Is tip pooling legal in Florida?
Yes. Florida follows federal rules: an employer can require a pool among tipped employees, but managers, supervisors and owners cannot share.
Can cooks share tips in Florida?
Under federal rules, only where no tip credit is taken. Official guidance does not say whether paying the $11.98 Florida tipped wage counts, so the cautious approach is to pay everyone in a mixed pool the full $15.00.
Do Florida restaurants have to disclose service charges?
Yes, since July 1, 2026: on menus, in contracts and online, on the face of the bill, and as a separate line on the receipt.
Official sources
- Florida Constitution, art. X, § 24
- FloridaCommerce: Florida minimum wage
- Fla. Stat. § 448.110
- Fla. Stat. § 218.077
- Laws of Florida, ch. 2025-113 (operations charges)
- US DOL Fact Sheet #15: Tipped employees
This page summarizes the law for restaurant operators and staff; it is not legal advice. Wages and rules change, and cities can set their own minimums. Check the linked official sources, or ask an employment lawyer, before changing how you handle tips.