The 2023 Florida Statutes (including Special Session C)

Title XXXIII
REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS

Chapter 509
LODGING AND FOOD SERVICE ESTABLISHMENTS; MEMBERSHIP CAMPGROUNDS

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F.S. 509.141

509.141 Refusal of admission and ejection of undesirable guests; notice; procedure; penalties for refusal to leave.—

(1) The operator of any public lodging establishment or public food service establishment may remove or cause to be removed from such establishment, in the manner hereinafter provided, any guest of the establishment who, while on the premises of the establishment, illegally possesses or deals in controlled substances as defined in chapter 893 or is intoxicated, profane, lewd, or brawling; who indulges in any language or conduct which disturbs the peace and comfort of other guests or which injures the reputation, dignity, or standing of the establishment; who, in the case of a public lodging establishment, fails to make payment of rent at the agreed-upon rental rate by the agreed-upon checkout time; who, in the case of a public lodging establishment, fails to check out by the time agreed upon in writing by the guest and public lodging establishment at check-in unless an extension of time is agreed to by the public lodging establishment and guest prior to checkout; who, in the case of a public food service establishment, fails to make payment for food, beverages, or services; or who, in the opinion of the operator, is a person the continued entertainment of whom would be detrimental to such establishment. The admission to, or the removal from, such establishment shall not be based upon race, creed, color, sex, physical disability, or national origin.

(2) The operator of any public lodging establishment or public food service establishment shall notify such guest that the establishment no longer desires to entertain the guest and shall request that such guest immediately depart from the establishment. Such notice may be given orally or in writing. If the notice is in writing, it shall be as follows:

“You are hereby notified that this establishment no longer desires to entertain you as its guest, and you are requested to leave at once. To remain after receipt of this notice is a misdemeanor under the laws of this state.”

If such guest has paid in advance, the establishment shall, at the time such notice is given, tender to such guest the unused portion of the advance payment; however, the establishment may withhold payment for each full day that the guest has been entertained at the establishment for any portion of the 24-hour period of such day.

(3) Any guest who remains or attempts to remain in any such establishment after being requested to leave is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(4) If any person is illegally on the premises of any public lodging establishment or public food service establishment, the operator of such establishment may call upon any law enforcement officer of this state for assistance. It is the duty of such law enforcement officer, upon the request of such operator, to place under arrest and take into custody for violation of this section any guest who violates subsection (3) in the presence of the officer. If a warrant has been issued by the proper judicial officer for the arrest of any violator of subsection (3), the officer shall serve the warrant, arrest the person, and take the person into custody. Upon arrest, with or without warrant, the guest will be deemed to have given up any right to occupancy or to have abandoned such right of occupancy of the premises, and the operator of the establishment may then make such premises available to other guests. However, the operator of the establishment shall employ all reasonable and proper means to care for any personal property which may be left on the premises by such guest and shall refund any unused portion of moneys paid by such guest for the occupancy of such premises.

History.—ss. 1-3, ch. 22023, 1943; s. 1, ch. 63-96; s. 2, ch. 70-291; s. 473, ch. 71-136; s. 5, ch. 72-48; s. 8, ch. 73-325; s. 8, ch. 73-330; s. 26, ch. 73-334; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 9, 39, 42, ch. 79-240; ss. 2, 3, 4, ch. 81-161; ss. 2, 3, ch. 81-318; s. 1, ch. 89-82; ss. 12, 51, 52, ch. 90-339; s. 4, ch. 91-429.

Note.—Former s. 510.08.

F.S. 509.141 on Google Scholar

F.S. 509.141 on Casetext

Amendments to 509.141

Arrestable Offenses / Crimes under Fla. Stat. 509.141

Level: Degree
Misdemeanor/Felony: First/Second/Third

S509.141 - CRIMES AGAINST PERSON - GUEST FAIL TO LEAVE AFTER REQUEST - M: S

Annotations, Discussions, Cases:

Cases from cite.case.law:

UNITED STATES v. COLLINS, a. k. a., 437 F. App'x 760 (11th Cir. 2011)

. . . . § 509.141(1); Zivojinovich v. Barner, 525 F.3d 1059, 1067 (11th Cir.2008). . . .

ZIVOJINOVICH, v. BARNER, L. L. C. d. b. a., 525 F.3d 1059 (11th Cir. 2008)

. . . . § 509.141(1). . . . Section 509.141(2) does require that the operator “notify such guest that the establishment no longer . . . Stat. § 509.141 when a police officer notified him that the motel wanted him to leave). . . . Stat. § 509.141(1). . . .

BROWN, v. STATE, 891 So. 2d 1120 (Fla. Dist. Ct. App. 2004)

. . . Section 509.141(2) authorizes the operator of any public lodging establishment to terminate the stay . . . Section 509.141(3) makes it a second degree misdemeanor for a guest to “remain[ ] or attempt! . . . Under section 509.141(4), it is the “duty” of a law enforcement officer, upon the request of an operator . . . Because section 509.141 “is penal in nature,” it “must be strictly construed.” . . . Therefore, the police were without authority to make an arrest under section 509.141(4). . . .

GREEN, Jr. v. STATE, 824 So. 2d 311 (Fla. Dist. Ct. App. 2002)

. . . he had given him oral notice and ejected him as an “undesirable guest,” as contemplated by section 509.141 . . . Section 509.141(1), Florida Statutes (2001), provides: The operator of any public lodging establishment . . .

STATE v. WILLIAMS,, 751 So. 2d 170 (Fla. Dist. Ct. App. 2000)

. . . The motel lawfully ejected Williams pursuant to section 509.141, Florida Statutes (1999), which provides . . . Under subsection 509.141(2), the motel had no obligation to refund the unused portion of Williams’ advance . . .

WHEELER v. BLUE LANTERN, INC., 50 Fla. Supp. 2d 158 (Lee Cty. Ct. 1991)

. . . and, at the request of the Defendant, had the Plaintiff leave the area, pursuant to Florida Statute 509.141 . . . between the Plaintiff and the Defendant, and after review of Florida Statutes 509.013(4)(b)l; 509.013(8); 509.141 . . .

RANGER INSURANCE COMPANY, v. BAL HARBOUR CLUB, INC., 549 So. 2d 1005 (Fla. 1989)

. . . organizations); § 286.011 (in public meetings); §§ 395.031-395.032 (in trauma centers); §§ 509.092, 509.141 . . .

KENT G. v. I. WOOD,, 235 So. 2d 60 (Fla. Dist. Ct. App. 1970)

. . . challenges the correctness of a partial summary judgment on the issue of the application of Florida Statute 509.141 . . . Section 509.141(2), F.S.A., a copy of which was attached to the answer as an exhibit; that the notice . . . Section 509.141, F.S.A., is not applicable and therefore constitutes no defense by appellants to the . . . Section 509.141, F.S.A., creates an exception to the notice of termination requirements set forth in . . . F.S. § 509.141(2), F.S.A. . F.S. § 509.141(3), F.S.A. . F.S. § 509.141, F.S.A. . Dotty v. . . .

ROBINSON v. FLORIDA, 378 U.S. 153 (U.S. 1964)

. . . criminal information filed in a Florida state court charged that these eighteen appellants had violated § 509.141 . . .

ROBINSON v. STATE, 144 So. 2d 811 (Fla. 1962)

. . . verdict at the conclusion of the evidence, the trial judge expressly sustained the validity of Section 509.141 . . . The sole point presented is the matter of the validity vel non of Section 509.141, Florida Statutes, . . .

ROBINSON v. STATE, 132 So. 2d 3 (Fla. 1961)

. . . evidence, the trial judge stated: “The Court has studied this particular law, the Florida Statute known as 509.141 . . . The record reveals that the petitioners were charged and found guilty of a violation of Section 509.141 . . . He entered a judgment stating that-he was “of the opinion that Section 509.141 of the Florida Statutes . . . have quoted above indicates that the trial judge did consider and passed upon the validity of Section 509.141 . . .