Florida Statute 509.242 - 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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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.

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Amendments to 509.242

Annotations, Discussions, Cases:

Cases Citing Statute 509.242

Total Results: 9

Warnock v. FLORIDA HOTEL AND RESTAURANT COM'N

178 So. 2d 917, 1965 Fla. App. LEXIS 3713

District Court of Appeal of Florida | Filed: Oct 5, 1965 | Docket: 1326524

Cited 10 times | Published

was operating his business in violation of Section 509.242(2), Florida Statutes, F.S.A., by advertising

Eisenberg v. City of Miami Beach

1 F. Supp. 3d 1327, 2014 U.S. Dist. LEXIS 27660, 2014 WL 821282

District Court, S.D. Florida | Filed: Mar 3, 2014 | Docket: 64293416

Cited 6 times | Published

transient public lodging establishment.” Fla. Stat. § 509.242(l)(c). While the Sadigo’s status as an apartment

Santa Monica Beach Property Owners Ass'n v. Acord

219 So. 3d 111, 2017 WL 1534769, 2017 Fla. App. LEXIS 5932

District Court of Appeal of Florida | Filed: Apr 28, 2017 | Docket: 60266434

Cited 5 times | Published

guests. § 509.013(4)(a)l„ Fla. Stat.; see also § 509.242, Fla. Stat. (classifying and defining the various

City of Miami Beach v. Arthree, Inc.

269 So. 2d 699

District Court of Appeal of Florida | Filed: Nov 21, 1972 | Docket: 1385717

Cited 3 times | Published

a recognition of this distinction. Fla. Stat. § 509.242(1)(a), (b), F.S.A., defines the terms "hotel"

City of Miami v. Airbnb

260 So. 3d 478

District Court of Appeal of Florida | Filed: Dec 5, 2018 | Docket: 8346786

Cited 1 times | Published

establishment but that is not a timeshare project. § 509.242(c), Fla. Stat. (2017) (emphasis added). “Transient

Bay County v. Harrison

13 So. 3d 115, 2009 Fla. App. LEXIS 6610, 2009 WL 1492652

District Court of Appeal of Florida | Filed: May 29, 2009 | Docket: 1186910

Cited 1 times | Published

calendar year" for less than a month at a time. § 509.242(1)(c), Fla. Stat. (2005). Chapter 509 describes

City of Miami v. Airbnb

District Court of Appeal of Florida | Filed: Dec 5, 2018 | Docket: 8382968

Published

establishment but that is not a timeshare project. § 509.242(c), Fla. Stat. (2017) (emphasis added). “Transient

Advisory Opinion to the Attorney General re Casino Authorization, Taxation & Regulation

656 So. 2d 466, 20 Fla. L. Weekly Supp. 258, 1995 Fla. LEXIS 953

Supreme Court of Florida | Filed: Jun 8, 1995 | Docket: 64757217

Published

in which it is situated or by the industry.” § 509.242(l)(a), Fla.Stat. (1993). The definition of a “transient

Williams v. City of Arcadia

501 So. 2d 148, 12 Fla. L. Weekly 350, 1987 Fla. App. LEXIS 6407

District Court of Appeal of Florida | Filed: Jan 23, 1987 | Docket: 64624413

Published

Commission as a “transient apartment” pursuant to section 509.242(1)(g), Florida Statutes (1983), we must look

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