Florida Statutes Part I - Public Lodging And Public Food Service Establishments (Ss. 509.013-509.417)
- 509.013 - Definitions.
As used in this chapter, the term:(1) “Division” means the Division of Hotels and Restaurants of the Department of Business and Professional Regulation.(2) “Operator” means the owner,...
- 509.032 - Duties.
(1) GENERAL.—The division shall carry out all of the provisions of this chapter and all other applicable laws and rules relating to the inspection or regulation...
- 509.034 - Application.
Sections 509.141-509.162 and 509.401-509.417 apply to transients only. This chapter may not be used to circumvent the procedural requirements of the Florida Residential Landlord and...
- 509.035 - Immediate Closure Due To Severe Public Health Threat.
The division shall, upon proper finding, immediately issue an order to close an establishment licensed under this chapter in the instance of a severe and...
- 509.036 - Public Food Service Inspector Standardization.
(1) Any person performing required inspections of licensed public food service establishments for the division or its agent must:(a) Be standardized by a food service evaluation officer...
- 509.039 - Food Service Manager Certification.
It is the duty of the division to adopt, by rule, food safety protection standards for the training and certification of all food service managers...
- 509.049 - Food Service Employee Training.
(1) The division shall adopt, by rule, minimum food safety protection standards for the training of all food service employees who are responsible for the storage,...
- 509.072 - Hotel And Restaurant Trust Fund; Collection And Disposition Of Moneys Received.
(1) There is created a Hotel and Restaurant Trust Fund to be used for the administration and operation of the division and the carrying out of...
- 509.091 - Notices; Form And Service.
(1) Each notice served by the division pursuant to this chapter must be in writing and must be delivered personally by an agent of the division...
- 509.092 - Public Lodging Establishments And Public Food Service Establishments; Rights As Private Enterprises.
Public lodging establishments and public food service establishments are private enterprises, and the operator has the right to refuse accommodations or service to any person...
- 509.095 - Accommodations At Public Lodging Establishments For Individuals With A Valid Military Identification Card.
Upon the presentation of a valid military identification card by an individual who is currently on active duty as a member of the United States...
- 509.101 - Establishment Rules; Posting Of Notice; Food Service Inspection Report; Maintenance Of Guest Register; Mobile Food Dispensing Vehicle Registry.
(1) Any operator of a public lodging establishment or a public food service establishment may establish reasonable rules and regulations for the management of the establishment...
- 509.111 - Liability For Property Of Guests.
(1) The operator of a public lodging establishment is not under any obligation to accept for safekeeping any moneys, securities, jewelry, or precious stones of any...
- 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...
- 509.142 - Conduct On Premises; Refusal Of Service.
The operator of a public lodging establishment or public food service establishment may refuse accommodations or service to any person whose conduct on the premises...
- 509.143 - Disorderly Conduct On The Premises Of An Establishment; Detention; Arrest; Immunity From Liability.
(1) An operator may take a person into custody and detain that person in a reasonable manner and for a reasonable time if the operator has...
- 509.144 - Prohibited Handbill Distribution In A Public Lodging Establishment; Penalties.
(1) As used in this section, the term:(a) “Handbill” means a flier, leaflet, pamphlet, or other written material that advertises, promotes, or informs persons about a person,...
- 509.151 - Obtaining Food Or Lodging With Intent To Defraud; Penalty.
(1) Any person who obtains food, lodging, or other accommodations having a value of less than $300 at any public food service establishment, or at any...
- 509.161 - Rules Of Evidence In Prosecutions.
In prosecutions under s. 509.151, proof that lodging, food, or other accommodations were obtained by false pretense; by false or fictitious show of baggage or...
- 509.162 - Theft Of Personal Property; Detaining And Arrest Of Violator; Theft By Employee.
(1) Any law enforcement officer or operator of a public lodging establishment or public food service establishment who has probable cause to believe that theft of...
- 509.191 - Unclaimed Property.
Any property with an identifiable owner which is left in a public lodging establishment or public food service establishment, other than property belonging to a...
- 509.2015 - Telephone Surcharges By Public Lodging Establishments.
(1) A public lodging establishment which imposes a surcharge for any telephone call must post notice of such surcharge in a conspicuous place located by each...
- 509.211 - Safety Regulations.
(1) Each bedroom or apartment in each public lodging establishment shall be equipped with an approved locking device on each door opening to the outside, to...
- 509.2112 - Public Lodging Establishments Three Stories Or More In Height; Inspection Rules.
The Division of Hotels and Restaurants of the Department of Business and Professional Regulation is directed to provide rules to require that:(1) Every public lodging establishment...
- 509.213 - Emergency First Aid To Choking Victims.
(1) Every public food service establishment shall post a sign which illustrates and describes the Heimlich Maneuver procedure for rendering emergency first aid to a choking...
- 509.214 - Notification Of Automatic Gratuity Charge.
Every public food service establishment which includes an automatic gratuity or service charge in the price of the meal shall include on the food menu...
- 509.215 - Firesafety.
(1) Any:(a) Public lodging establishment, as defined in this chapter, which is of three stories or more and for which the construction contract has been let after...
- 509.221 - Sanitary Regulations.
(1)(a) Each public lodging establishment shall be supplied with potable water and shall provide adequate sanitary facilities for the accommodation of its employees and guests. Such...
- 509.232 - School Carnivals And Fairs; Exemption From Certain Food Service Regulations.
Any public or nonprofit school which operates a carnival, fair, or other celebration, by whatever name known, which is in operation for 3 days or...
- 509.233 - Public Food Service Establishment Requirements; Local Exemption For Dogs In Designated Outdoor Portions.
(1) LOCAL EXEMPTION AUTHORIZED.—Notwithstanding s. 509.032(7), the governing body of a local government may establish, by ordinance, a local exemption procedure to certain provisions of the...
- 509.241 - Licenses Required; Exceptions.
(1) LICENSES; ANNUAL RENEWALS.—Each public lodging establishment and public food service establishment shall obtain a license from the division. Such license may not be transferred from...
- 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...
- 509.251 - License Fees.
(1) The division shall adopt, by rule, a schedule of fees to be paid by each public lodging establishment as a prerequisite to issuance or renewal...
- 509.261 - Revocation Or Suspension Of Licenses; Fines; Procedure.
(1) Any public lodging establishment or public food service establishment that has operated or is operating in violation of this chapter or the rules of the...
- 509.271 - Prerequisite For Issuance Of Municipal Or County Occupational License.
A municipality or county may not issue an occupational license to any business coming under the provisions of this chapter until a license has been...
- 509.281 - Prosecution For Violation; Duty Of State Attorney; Penalties.
(1) The division or an agent of the division, upon ascertaining by inspection that any public lodging establishment or public food service establishment is being operated...
- 509.285 - Enforcement; City And County Officers To Assist.
Any state or county attorney, sheriff, police officer, and any other appropriate municipal and county official shall, upon request, assist the division or any of...
- 509.291 - Advisory Council.
(1) There is created a 10-member advisory council.(a) The Secretary of Business and Professional Regulation shall appoint six voting members to the advisory council. Each member appointed...
- 509.292 - Misrepresenting Food Or Food Product; Penalty.
(1) An operator may not knowingly and willfully misrepresent the identity of any food or food product to any of the patrons of such establishment. The...
- 509.302 - Hospitality Education Program.
(1)(a) The division shall administer an educational program, designated the “Hospitality Education Program,” offered for the benefit of the hospitality industries of this state. As used...
- 509.4005 - Applicability Of Ss. 509.401-509.417.
Sections 509.401-509.417 apply only to guests in transient occupancy in a public lodging establishment.History.—ss. 27, 42, ch. 79-240; ss. 3, 4, ch. 81-161; ss. 2,...
- 509.401 - Operator’s Right To Lockout.
(1) If, upon a reasonable determination by an operator of a public lodging establishment, a guest has accumulated a large outstanding account at such establishment, the...
- 509.402 - Operator’s Right To Recover Premises.
If the guest of a public lodging establishment vacates the premises without notice to the operator and the operator reasonably believes the guest does not...
- 509.403 - Operator’s Writ Of Distress.
If, after a lockout has been imposed pursuant to s. 509.401, a guest fails to make agreed-upon payments on an outstanding account, or, notwithstanding s....
- 509.404 - Writ Of Distress; Venue And Jurisdiction.
The action under s. 509.403 shall be brought in a court of appropriate jurisdiction in the county where the property is located. When property consists...
- 509.405 - Complaint; Requirements.
To obtain an order authorizing the issuance of a writ of distress upon final judgment, the operator must first file with the clerk of the...
- 509.406 - Prejudgment Writ Of Distress.
(1) A prejudgment writ of distress may issue and the property seized may be delivered forthwith to the plaintiff when the nature of the claim, the...
- 509.407 - Writ Of Distress; Levy Of Writ.
The officer of the court to whom a final judgment writ of distress is directed shall execute the writ of distress by service on defendant...
- 509.408 - Prejudgment Writ; Form; Return.
The prejudgment writ issued under s. 509.406 shall command the officer to whom it may be directed to distrain the described personal property of defendant...
- 509.409 - Writ; Inventory.
When the officer seizes distrainable property, either under s. 509.407 or s. 509.408, and such property is seized on the premises of a public lodging...
- 509.411 - Exemptions From Writ Of Distress.
The following property of a guest is exempt from distress and sale under this chapter:(1) From final distress and sale: clothing and items essential to the...
- 509.412 - Writ; Claims By Third Persons.
Any third person claiming any property distrained pursuant to this chapter may interpose and prosecute a claim for the property in the same manner as...
- 509.413 - Judgment For Plaintiff When Goods Not Delivered To Defendant.
If it appears that the account stated in the complaint is wrongfully unpaid and the property described in such complaint is the defendant’s and was...
- 509.414 - Judgment For Plaintiff When Goods Retained By Or Redelivered To Defendant.
(1) If it appears that the property was retained by, or redelivered to, the defendant on the defendant’s forthcoming bond, either under s. 509.406(4) or (6),...
- 509.415 - Judgment For Defendant When Goods Are Retained By Or Redelivered To The Defendant.
When property has been retained by, or redelivered to, the defendant on the defendant’s forthcoming bond or upon the dissolution of a prejudgment writ and...
- 509.416 - Judgment For Defendant When Goods Are Not Retained By Or Redelivered To The Defendant.
If the property has not been retained by, or redelivered to, the defendant and the defendant prevails, judgment shall be entered against the plaintiff for...
- 509.417 - Writ; Sale Of Property Distrained.
(1) If the judgment is for the plaintiff, the property in whole or in part shall, at the plaintiff’s option pursuant to s. 509.413 or s....
Last modified: September 23, 2016