Florida Statute 509.141 - Full Text and Legal Analysis

The 2025 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 a public lodging establishment or public food service establishment may remove or cause to be removed from such establishment, in the manner provided for in this section, any guest of the establishment who:

(a) 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;

(b) 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;

(c) In the case of a public lodging establishment, fails to make payment of rent at the agreed-upon rental rate by the checkout time specified in writing by the public lodging establishment;

(d) In the case of a public lodging establishment, fails to check out by the time specified in writing by the public lodging establishment at check-in, unless an extension of time is agreed to by the public lodging establishment and guest before checkout;

(e) In the case of a public food service establishment, fails to make payment for food, beverages, or services; or

(f) 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 a public lodging establishment or public food service establishment shall notify the guest that the establishment no longer desires to entertain the guest and shall request that the guest immediately depart from the establishment. The notice may be given orally or in writing. An operator of a public lodging establishment that requests that a guest immediately depart due to the guest’s failure to check out or pay for the dwelling unit by checkout time must provide the notice in writing via e-mail, text message, or printed paper. The notice is effective upon delivery, whether notice is provided in person or by telephone or e-mail, using the contact information provided by the guest, or, with respect to a public lodging establishment, upon delivery to the guest’s dwelling unit. 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 the guest has paid in advance, the establishment shall, at the time the notice is given, tender to the 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 the day.

(3) A guest who remains or attempts to remain in any such establishment after a request by the operator to depart under subsection (2) commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(4) If a guest remains on the premises of a public lodging establishment or public food service establishment after a request by the operator to depart under subsection (2), the operator of such establishment may call upon a law enforcement officer of this state for assistance. It is the duty of the law enforcement officer, upon the request of the operator, to remove a guest who remains on the premises of such an establishment after a request by the operator to depart under subsection (2).

(5) A law enforcement officer may place under arrest and take into custody a guest who violates subsection (3). If a warrant has been issued by the proper judicial officer for the arrest of a 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 is 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 the guest and shall refund any unused portion of moneys paid by the guest for the occupancy of the 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; s. 2, ch. 2025-113.

Note.—Former s. 510.08.

F.S. 509.141 on Google Scholar

F.S. 509.141 on CourtListener

Amendments to 509.141

Annotations, Discussions, Cases:

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

Cases Citing Statute 509.141

Total Results: 14

Zivojinovich v. Barner

525 F.3d 1059, 70 Fed. R. Serv. 3d 515, 2008 U.S. App. LEXIS 8711, 2008 WL 1805821

Court of Appeals for the Eleventh Circuit | Filed: Apr 23, 2008 | Docket: 2031991

Cited 81 times | Published

standing of the establishment." Fla. Stat. § 509.141(1). Section 509.141(2) does require that the operator "notify

Barber v. Rader

350 F. Supp. 183, 1972 U.S. Dist. LEXIS 12177

District Court, S.D. Florida | Filed: Aug 28, 1972 | Docket: 1833877

Cited 16 times | Published

the outset that this case does not concern Section 509.141, Florida Statutes, F.S.A., nor any provision

Robinson v. State

132 So. 2d 3

Supreme Court of Florida | Filed: Jul 14, 1961 | Docket: 1721749

Cited 16 times | Published

charged and found guilty of a violation of Section 509.141(3), Florida Statutes, F.S.A., which makes it

Green v. State

824 So. 2d 311, 2002 WL 1971886

District Court of Appeal of Florida | Filed: Aug 28, 2002 | Docket: 1729348

Cited 7 times | Published

an "undesirable guest," as contemplated by section 509.141(2), Florida Statutes (2001). The trial judge's

Robinson v. State

144 So. 2d 811

Supreme Court of Florida | Filed: Sep 19, 1962 | Docket: 1784274

Cited 1 times | Published

judge expressly sustained the validity of Section 509.141, Florida Statutes, F.S.A. The cited statute

Williams v. State of Florida

District Court of Appeal of Florida | Filed: Aug 6, 2025 | Docket: 71038915

Published

has been lawfully ejected from the hotel. Section 509.141, Florida Statutes, provides the permissible

United States v. Wali Ebbin Rashee Ross

Court of Appeals for the Eleventh Circuit | Filed: Jul 7, 2020 | Docket: 17328464

Published

due to the motel’s failure to honor Fla. Stat. § 509.141(1), which states that “[t]he operator of any public

United States v. Wali Ebbin Rashee Ross

Court of Appeals for the Eleventh Circuit | Filed: Oct 29, 2019 | Docket: 16395775

Published

due to the motel’s failure to honor Fla. Stat. § 509.141(1), which states that “[t]he operator of any public

STATE OF FLORIDA v. M. B. W.

District Court of Appeal of Florida | Filed: Jul 31, 2019 | Docket: 15992402

Published

the means for ejecting undesirable guests. See § 509.141, Fla. Stat. (2016). A person can only be guilty

United States v. Collins

437 F. App'x 760

Court of Appeals for the Eleventh Circuit | Filed: Apr 16, 2011 | Docket: 65692712

Published

occupants from his hotel room. See Fla. Stat. § 509.141(1); Zivojinovich v. Barner, 525 F.3d 1059, 1067

Brown v. State

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

District Court of Appeal of Florida | Filed: Dec 29, 2004 | Docket: 64835640

Published

on the application of section 509.141, Florida Statutes (2003). Section 509.141(2) authorizes the operator

Green v. State

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

District Court of Appeal of Florida | Filed: Aug 28, 2002 | Docket: 64817071

Published

an “undesirable guest,” as contemplated by section 509.141(2), Florida Statutes (2001). The trial judge’s

State v. Williams

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

District Court of Appeal of Florida | Filed: Feb 9, 2000 | Docket: 64794988

Published

motel lawfully ejected Williams pursuant to section 509.141, Florida Statutes (1999), which provides: (1)

Kent v. Wood

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

District Court of Appeal of Florida | Filed: May 12, 1970 | Docket: 64514547

Published

judgment on the issue of the application of Florida Statute 509.141, F.S.A. as a defense to the cause of action