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Florida Statute 509.242 - Full Text and Legal Analysis
Florida Statute 509.242 | Lawyer Caselaw & Research
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The 2025 Florida Statutes

Title XXXIII
REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS
Chapter 509
LODGING AND FOOD SERVICE ESTABLISHMENTS; MEMBERSHIP CAMPGROUNDS
View Entire Chapter
509.242 Public lodging establishments; classifications.
(1) A public lodging establishment shall be classified as a hotel, motel, nontransient apartment, transient apartment, bed and breakfast inn, timeshare project, or vacation rental if the establishment satisfies the following criteria:
(a) Hotel.A hotel is any public lodging establishment containing sleeping room accommodations for 25 or more guests and providing the services generally provided by a hotel and recognized as a hotel in the community in which it is situated or by the industry.
(b) Motel.A motel is any public lodging establishment which offers rental units with an exit to the outside of each rental unit, daily or weekly rates, offstreet parking for each unit, a central office on the property with specified hours of operation, a bathroom or connecting bathroom for each rental unit, and at least six rental units, and which is recognized as a motel in the community in which it is situated or by the industry.
(c) Vacation rental.A vacation rental is any unit or group of units in a condominium or cooperative or any individually or collectively owned single-family, two-family, three-family, or four-family house or dwelling unit that is also a transient public lodging establishment but that is not a timeshare project.
(d) Nontransient apartment.A nontransient apartment is a building or complex of buildings in which 75 percent or more of the units are available for rent to nontransient tenants.
(e) Transient apartment.A transient apartment is a building or complex of buildings in which more than 25 percent of the units are advertised or held out to the public as available for transient occupancy.
(f) Bed and breakfast inn.A bed and breakfast inn is a family home structure, with no more than 15 sleeping rooms, which has been modified to serve as a transient public lodging establishment, which provides the accommodation and meal services generally offered by a bed and breakfast inn, and which is recognized as a bed and breakfast inn in the community in which it is situated or by the hospitality industry.
(g) Timeshare project.A timeshare project is a timeshare property, as defined in chapter 721, that is located in this state and that is also a transient public lodging establishment.
(2) If 25 percent or more of the units in any public lodging establishment fall within a classification different from the classification under which the establishment is licensed, such establishment shall obtain a separate license for the classification representing the 25 percent or more units which differ from the classification under which the establishment is licensed.
(3) A public lodging establishment may advertise or display signs which advertise a specific classification, if it has received a license which is applicable to the specific classification and it fulfills the requirements of that classification.
History.s. 2, ch. 57-824; s. 2, ch. 61-81; ss. 16, 35, ch. 69-106; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 19, 39, 42, ch. 79-240; ss. 3, 4, ch. 81-161; ss. 2, 3, ch. 81-318; ss. 26, 51, 52, ch. 90-339; s. 11, ch. 91-40; s. 4, ch. 91-429; s. 9, ch. 93-53; s. 12, ch. 96-384; s. 7, ch. 2008-55; s. 5, ch. 2011-119; s. 2, ch. 2012-165; s. 5, ch. 2014-133.

F.S. 509.242 on Google Scholar

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Amendments to 509.242


Annotations, Discussions, Cases:

Cases Citing Statute 509.242

Total Results: 9  |  Sort by: Relevance  |  Newest First

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Warnock v. Florida Hotel & Restaurant Com'n, 178 So. 2d 917 (Fla. 3d DCA 1965).

Cited 10 times | Published | Florida 3rd District Court of Appeal | 1965 Fla. App. LEXIS 3713

...Warnock, the operator of a business in Miami Beach, Florida, described as Abbott Towers Apartment, was served with a notice of hearing by the appellee, Florida Hotel and Restaurant Commission, advising that he was operating his business in violation of Section 509.242(2), Florida Statutes, F.S.A., by advertising his business as a "motel", when the establishment did not fulfill the requirements for a "motel" classification....
...The appellant petitioned *918 for certiorari to the Circuit Court. A hearing was held and an order was entered denying the petition for certiorari. On appeal the appellant contends that the Commissioner's suspension order was imposed solely for non-compliance with Section 509.242(1)(c), Florida Statutes, F.S.A., in that there was insufficient off-street parking on the premises; and that Section 509.242 is unconstitutional. Section 509.242(1) (c), Florida Statutes, defines a motel as follows: "(c) Motel....
...on the premises of the establishment. Appellant urges that since there was sufficient parking on the streets, it was not necessary to provide "off-street parking" on the premises for each unit. Appellee contends that it has interpreted and construed Section 509.242(1) (c), Florida Statutes, F.S.A., since its enactment in 1957, as requiring off-street parking for each unit to be located on the premises of the establishment....
...291, 22 So.2d 804 and Brewer v. Gray, Fla. 1956, 86 So.2d 799. The court held in those cases that an Act, the title of which is insufficient, becomes valid by incorporation in a general revision of the laws, whether the insufficiency has been adjudicated or not. Section 509.242 was originally enacted in 1957 (Chapter 57-824, Laws of Florida) and has been re-enacted and incorporated in the Revised General Statutes of Florida by the 1959, 1961 and 1963 legislatures....
...fy as a motel and it appears to permit an unrestricted discretion in its application by appellee. We are of the opinion, however, that the clause cited is simply surplusage and does not add to nor take away from the validity of the other portions of Section 509.242(1) (c)....
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Eisenberg v. City of Miami Beach, 1 F. Supp. 3d 1327 (S.D. Fla. 2014).

Cited 6 times | Published | District Court, S.D. Florida | 2014 U.S. Dist. LEXIS 27660, 2014 WL 821282

...p of units in a condominium, cooperative, or timeshare plan or any individually or collectively owned single-family, two-family, three-family, or four-family house or dwelling unit that is also a transient public lodging establishment.” Fla. Stat. § 509.242 (l)(c)....
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Santa Monica Beach Prop. Owners Ass'n v. Acord, 219 So. 3d 111 (Fla. 1st DCA 2017).

Cited 5 times | Published | Florida 1st District Court of Appeal | 2017 WL 1534769, 2017 Fla. App. LEXIS 5932

guests. § 509.013(4)(a)l„ Fla. Stat.; see also § 509.242, Fla. Stat. (classifying and defining the various
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City of Miami Beach v. Arthree, Inc., 269 So. 2d 699 (Fla. 3d DCA 1972).

Cited 3 times | Published | Florida 3rd District Court of Appeal

...oms for transient guests, while an apartment hotel provides accommodations with kitchen and housekeeping facilities for more permanent tenants. The State of Florida has enacted legislation which includes a recognition of this distinction. Fla. Stat. § 509.242(1)(a), (b), F.S.A., defines the terms "hotel" and "apartment hotel" as follows: "(a) Hotel....
...The fact that it now regularly utilizes these apartments as hotel rooms does not alter the fact that the change is simply one of business policy, a change that could be reversed at any time. In light of the definitions contained in Ordinance No. 289 and in Fla. Stat. § 509.242(1)(a), (b), F.S.A., and in view of the fact that the applicability of zoning provisions must have some permanence, we think that the determination of whether a given building is an apartment hotel or a hotel must be made upon the basis of the structure rather than upon changes in the building's use....
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Bay Cnty. v. Harrison, 13 So. 3d 115 (Fla. 1st DCA 2009).

Cited 1 times | Published | Florida 1st District Court of Appeal | 2009 Fla. App. LEXIS 6610, 2009 WL 1492652

...Under the DO, the Mayan would be a "resort condominium." Such a use is regulated by chapter 509, Florida Statutes (2007), and defined as "any unit or group of units in a condominium, cooperative, or timeshare plan which is rented more than three times in a calendar year" for less than a month at a time. § 509.242(1)(c), Fla. Stat. (2005). Chapter 509 describes "resort condominiums" as "public lodging establishments," along with hotels and motels. § 509.242(1), Fla....
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City of Miami v. Airbnb, 260 So. 3d 478 (Fla. 3d DCA 2018).

Cited 1 times | Published | Florida 3rd District Court of Appeal

...cooperative or any individually or collectively owned single-family, two-family, three-family, or four-family house or dwelling unit that is also a transient public lodging establishment but that is not a timeshare project. § 509.242(c), Fla....
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Advisory Opinion to the Attorney Gen. re Casino Authorization, Taxation & Reg., 656 So. 2d 466 (Fla. 1995).

Published | Supreme Court of Florida | 20 Fla. L. Weekly Supp. 258, 1995 Fla. LEXIS 953

in which it is situated or by the industry.” § 509.242(l)(a), Fla.Stat. (1993). The definition of a “transient
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Williams v. City of Arcadia, 501 So. 2d 148 (Fla. Dist. Ct. App. 1987).

Published | District Court of Appeal of Florida | 12 Fla. L. Weekly 350, 1987 Fla. App. LEXIS 6407

...bor camp.” We do not agree. Since appellee’s zoning code does not define “migrant labor camp” and since appellants are licensed to operate the property by the Florida Hotel and Restaurant Commission as a “transient apartment” pursuant to section 509.242(1)(g), Florida Statutes (1983), we must look to the Florida Statutes to define “migrant labor camp.” Section 509.242(1)(g) under which appellants’ property is licensed as a “transient apartment” provides: (g) Rooming houses, guest houses, cabins....
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City of Miami v. Airbnb (Fla. 3d DCA 2018).

Published | Florida 3rd District Court of Appeal

...cooperative or any individually or collectively owned single-family, two-family, three-family, or four-family house or dwelling unit that is also a transient public lodging establishment but that is not a timeshare project. § 509.242(c), Fla....

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