Florida Statutes
Fla. Stat. § 509.141 (2025)
Refusal of admission and ejection of undesirable guests; notice; procedure; penalties for refusal to leave.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Arrestable Offenses under F.S. 509.141
M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd§509.141CRIMES AGAINST PERSONGUEST FAIL TO LEAVE AFTER REQUEST
Notes of Decisions
Cited in 15
cases (1 in the last 5 years), 1961–2025 · leading case: Zivojinovich v. Barner, 525 F.3d 1059 (11th Cir. 2008).
Zivojinovich v. Barner, 525 F.3d 1059 (11th Cir. 2008). “” Fla. Stat. § 509.141 (1). Section 509.141(2) does require that the operator “notify such guest that the establishment no longer desires to entertain the guest and .”
Green v. State, 824 So. 2d 311 (Fla. 1st DCA 2002). “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…”
Brown v. State, 891 So. 2d 1120 (Fla. 4th DCA 2004). “Whether the officers lawfully entered the motel room and arrested Brown turns on the application of section 509.141, Florida Statutes (2003).”
Kent v. Wood, 235 So. 2d 60 (Fla. 3d DCA 1970). “F.S. § 509.141, F.S.A. . Dotty v. State, (Fla.”
Robinson v. State, 132 So. 2d 3 (Fla. 1961). “He entered a judgment stating that he was "of the opinion that Section 509.141 of the Florida Statutes is a valid exercise of the sovereignty of the State of Florida and that its application to the appellants in this case does not deprive them of any of their rights under the…”
United States v. Wali Ebbin Rashee Ross, 964 F.3d 1034 (11th Cir. 2020). “Ross argues that he had a continuing possessory interest in Room 113 due to the motel’s failure to honor Fla. Stat. § 509.141 (1), which states that “[t]he operator of any public lodging establishment .”
United States v. Wali Ebbin Rashee Ross, 941 F.3d 1058 (11th Cir. 2019). “Ross argues that he had a continuing possessory interest in Room 113 due to the motel’s failure to honor Fla. Stat. § 509.141 (1), which states that “[t]he operator of any public lodging establishment .”
State v. Williams, 751 So. 2d 170 (Fla. 2d DCA 2000). “may remove or cause to be removed from such establishment, in the manner hereinafter provided, any guest of the establishment who ...”
Green v. State, 824 So. 2d 311 (Fla. 1st DCA 2002). “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…”
Early (S.D. Fla. 2019). “The City argues that the Officers had probable cause to arrest based on the Defendant’s violation of Fla. Stat. § 509.141 . Section 509.141(1) provides that: The operator of any public lodging establishment or public food service establishment may remove or cause to be removed…”
Williams v. State of Florida (Fla. 1st DCA 2025). “Section 509.141, Florida Statutes, provides the permissible bases and procedure for the ejection of undesirable hotel guests: (1) The operator of any public lodging establishment .”
Robinson v. State, 144 So. 2d 811 (Fla. 1962). “In denying a motion for a directed verdict at the conclusion of the evidence, the trial judge expressly sustained the validity of Section 509.141, Florida Statutes, F.S.A.”
— 509.141(1) — 4 cases
Green v. State, 824 So. 2d 311 (Fla. 1st DCA 2002). “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…”
Green v. State, 824 So. 2d 311 (Fla. 1st DCA 2002). “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…”
Williams v. State of Florida (Fla. 1st DCA 2025). “Section 509.141, Florida Statutes, provides the permissible bases and procedure for the ejection of undesirable hotel guests: (1) The operator of any public lodging establishment .”
Early (S.D. Fla. 2019). “The City argues that the Officers had probable cause to arrest based on the Defendant’s violation of Fla. Stat. § 509.141 . Section 509.141(1) provides that: The operator of any public lodging establishment or public food service establishment may remove or cause to be removed…”
— 509.141(2) — 7 cases
Green v. State, 824 So. 2d 311 (Fla. 1st DCA 2002). “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…”
Brown v. State, 891 So. 2d 1120 (Fla. 4th DCA 2004). “Whether the officers lawfully entered the motel room and arrested Brown turns on the application of section 509.141, Florida Statutes (2003).”
Kent v. Wood, 235 So. 2d 60 (Fla. 3d DCA 1970). “F.S. § 509.141, F.S.A. . Dotty v. State, (Fla.”
State v. Williams, 751 So. 2d 170 (Fla. 2d DCA 2000). “may remove or cause to be removed from such establishment, in the manner hereinafter provided, any guest of the establishment who ...”
Green v. State, 824 So. 2d 311 (Fla. 1st DCA 2002). “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…”
— 509.141(3) — 5 cases
Robinson v. State, 132 So. 2d 3 (Fla. 1961). “He entered a judgment stating that he was "of the opinion that Section 509.141 of the Florida Statutes is a valid exercise of the sovereignty of the State of Florida and that its application to the appellants in this case does not deprive them of any of their rights under the…”
Brown v. State, 891 So. 2d 1120 (Fla. 4th DCA 2004). “Whether the officers lawfully entered the motel room and arrested Brown turns on the application of section 509.141, Florida Statutes (2003).”
Kent v. Wood, 235 So. 2d 60 (Fla. 3d DCA 1970). “F.S. § 509.141, F.S.A. . Dotty v. State, (Fla.”
Early (S.D. Fla. 2019). “The City argues that the Officers had probable cause to arrest based on the Defendant’s violation of Fla. Stat. § 509.141 . Section 509.141(1) provides that: The operator of any public lodging establishment or public food service establishment may remove or cause to be removed…”
State of Florida v. M. B. W. (Fla. 2d DCA 2019).
— 509.141(4) — 2 cases
Brown v. State, 891 So. 2d 1120 (Fla. 4th DCA 2004). “Whether the officers lawfully entered the motel room and arrested Brown turns on the application of section 509.141, Florida Statutes (2003).”
Early (S.D. Fla. 2019). “The City argues that the Officers had probable cause to arrest based on the Defendant’s violation of Fla. Stat. § 509.141 . Section 509.141(1) provides that: The operator of any public lodging establishment or public food service establishment may remove or cause to be removed…”
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