Florida Statute 509.141 | Lawyer Caselaw & Research

The 2024 Florida Statutes

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 Citing Statute 509.141

Total Results: 11

STATE OF FLORIDA v. M. B. W.

Court: Fla. Dist. Ct. App. | Date Filed: 2019-07-31T00:53:00-07:00

Snippet: means for ejecting undesirable guests. See § 509.141, Fla. Stat. (2016). A person can only be guilty…remains after management asked him to leave. See § 509.141(3). In M.B.W.'s case, the manager had not yet…conducted their search. Id. at 313; see also §§ 509.141(2) ("The operator of any public lodging establishment

Brown v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2004-12-29T00:00:00-08:00

Citation: 891 So. 2d 1120, 2004 Fla. App. LEXIS 20023, 2004 WL 3000860

Snippet: the application of section 509.141, Florida Statutes (2003). Section 509.141(2) authorizes the operator…24-hour period of such day. § 509.141(2) (emphasis added). Section 509.141(3) makes it a second degree … immediately depart from the establishment.” § 509.141(2). The second statutory requirement is that [i…leave pursuant to subsection (2). Under section 509.141(4), it is the “duty” of a law enforcement officer…gave the oral notice to vacate. Because section 509.141 “is penal in nature,” it “must be strictly construed

Green v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2002-08-28T00:53:00-07:00

Citation: 824 So. 2d 311

Snippet: undesirable guest," as contemplated by section 509.141(2), Florida Statutes (2001). The trial judge'….2d 343, 345 (Fla. 1st DCA 1995). [2] Section 509.141(1), Florida Statutes (2001), provides: The operator

Green v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2002-08-28T00:00:00-07:00

Citation: 824 So. 2d 311, 2002 Fla. App. LEXIS 12352

Snippet: undesirable guest,” as contemplated by section 509.141(2), Florida Statutes (2001). The trial judge’s …So.2d 343, 345 (Fla. 1st DCA 1995). . Section 509.141(1), Florida Statutes (2001), provides: The operator

State v. Williams

Court: Fla. Dist. Ct. App. | Date Filed: 2000-02-09T00:00:00-08:00

Citation: 751 So. 2d 170, 2000 Fla. App. LEXIS 1001, 2000 WL 139569

Snippet: lawfully ejected Williams pursuant to section 509.141, Florida Statutes (1999), which provides: (1) The…detrimental to the establishment. Under subsection 509.141(2), the motel had no obligation to refund the unused

Ranger Ins. Co. v. Bal Harbour Club

Court: Fla. | Date Filed: 1989-08-31T00:53:00-07:00

Citation: 549 So. 2d 1005

Snippet: 395.031-395.032 (in trauma centers); §§ 509.092, 509.141, and 509.142 (in public lodging and restaurants

Kent v. Wood

Court: Fla. Dist. Ct. App. | Date Filed: 1970-05-12T00:00:00-07:00

Citation: 235 So. 2d 60, 1970 Fla. App. LEXIS 6370

Snippet: 1943. . F.S. § 509.141(2), F.S.A. . F.S. § 509.141(3), F.S.A. . F.S. § 509.141, F.S.A. . Dotty…the issue of the application of Florida Statute 509.141, F.S.A. as a defense to the cause of action for…writing in the form prescribed by F.S. Section 509.141(2), F.S.A.,1 a copy of which was attached to the…acting pursuant to the provisions of F.S. Section 509.141, F.S.A., which authorizes them to evict an undesirable…portion of rent previously paid by him, F.S. Section 509.141, F.S.A., is not applicable and therefore constitutes

ANE v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1963-09-25T00:53:00-07:00

Citation: 156 So. 2d 525

Snippet: charged with "Trespassing, Florida Statutes 509.141, and Breach of Peace" and that the child was

A. N. E. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1963-09-13T00:00:00-07:00

Citation: 156 So. 2d 525

Snippet: was charged with “Trespassing, Florida Statutes 509.-141, and Breach of Peace” and that the child was adjudged

Robinson v. State

Court: Fla. | Date Filed: 1962-09-19T00:53:00-07:00

Citation: 144 So. 2d 811

Snippet: judge expressly sustained the validity of Section 509.141, Florida Statutes, F.S.A. The cited statute makes… the matter of the validity vel non of Section 509.141, Florida Statutes, F.S.A. We have concluded, as

Robinson v. State

Court: Fla. | Date Filed: 1961-07-14T00:53:00-07:00

Citation: 132 So. 2d 3

Snippet: this particular law, the Florida Statute known as 509.141, and I find nothing in this law that has anything…charged and found guilty of a violation of Section 509.141(3), Florida Statutes, F.S.A., which makes it a … that he was "of the opinion that Section 509.141 of the Florida Statutes is a valid exercise of …consider and passed upon the validity of Section 509.141(3), Florida Statutes. The Circuit Court of Dade