Florida Statutes

Fla. Stat. § 509.242 (2025)

Public lodging establishments; classifications.

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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.

Notes of Decisions

Cited in 10 cases, 1965–2020 · leading case: Warnock v. Florida Hotel & Restaurant Com'n, 178 So. 2d 917 (Fla. 3d DCA 1965).

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Warnock v. Florida Hotel & Restaurant Com'n, 178 So. 2d 917 (Fla. 3d DCA 1965). · cites it 9× “, in that there was insufficient off-street parking on the premises; and that Section 509.242 is unconstitutional. Section 509.”

Advisory Opinion to the Attorney Gen. re Casino Authorization, Taxation & Reg., 656 So. 2d 466 (Fla. 1995). · cites it 4× “§ 509.242(1), Fla.Stat. (1993). 2 The statutes do not require a minimum number of rooms for a “motel.”

Eisenberg v. City of Miami Beach, 1 F. Supp. 3d 1327 (S.D. Fla. 2014). · cites it 2× “” Fla. Stat. § 509.242 (l)(c). While the Sadigo’s status as an apartment or a hotel may be at issue, Plaintiffs do not allege the Sadigo is condominium, cooperative, or timeshare plan, nor do they allege the Sadigo is an individually or collectively owned single-family or…”

Santa Monica Beach Prop. Owners Ass'n v. Acord, 219 So. 3d 111 (Fla. 1st DCA 2017). · cites it 2× “; see also § 509.242, Fla. Stat. (classifying and defining the various types of public lodging establishments, including "vacation rentals”).”

City of Miami Beach v. Arthree, Inc., 269 So. 2d 699 (Fla. 3d DCA 1972). · cites it 4× “Fla. Stat. § 509.242 (1)(a), (b), F.S.A., defines the terms "hotel" and "apartment hotel" as follows: "(a) Hotel.”

City of Miami v. Airbnb, 260 So. 3d 478 (Fla. 3d DCA 2018). · cites it 2× “§ 509.242(c), Fla. Stat. (2017) (emphasis added).”

Bay Cnty. v. Harrison, 13 So. 3d 115 (Fla. 1st DCA 2009). · cites it 4× “§ 509.242(1), Fla. Stat. (2005). Accordingly, resort condominiums, like hotels, are not residences or dwellings, but are permanent structures that accommodate temporary visitors.”

City of Miami v. Airbnb (Fla. 3d DCA 2018). · cites it 2× “§ 509.242(c), Fla. Stat. (2017) (emphasis added).”

Alsop v. Desantis (M.D. Fla. 2020). · cites it 2× “Section 509.242(1)(c), Florida Statutes, defines “vacation rental” to mean “any unit or group of units in a condominium or .”

Williams v. City of Arcadia, 501 So. 2d 148 (Fla. 2d DCA 1987). · cites it 3× “Since appellee’s zoning code does not define “migrant labor camp” and since appellants are licensed to operate the property by the Florida Hotel and Restaurant Commission as a “transient apartment” pursuant to section 509.242(1)(g), Florida Statutes (1983), we must look to the…”

— 509.242(1) — 3 cases

Advisory Opinion to the Attorney Gen. re Casino Authorization, Taxation & Reg., 656 So. 2d 466 (Fla. 1995). “§ 509.242(1), Fla.Stat. (1993). 2 The statutes do not require a minimum number of rooms for a “motel.”

Warnock v. Florida Hotel & Restaurant Com'n, 178 So. 2d 917 (Fla. 3d DCA 1965). “, in that there was insufficient off-street parking on the premises; and that Section 509.242 is unconstitutional. Section 509.”

Bay Cnty. v. Harrison, 13 So. 3d 115 (Fla. 1st DCA 2009). “§ 509.242(1), Fla. Stat. (2005). Accordingly, resort condominiums, like hotels, are not residences or dwellings, but are permanent structures that accommodate temporary visitors.”

— 509.242(1)(c) — 2 cases

Alsop v. Desantis (M.D. Fla. 2020). “Section 509.242(1)(c), Florida Statutes, defines “vacation rental” to mean “any unit or group of units in a condominium or .”

— 509.242(1)(g) — 1 case

Williams v. City of Arcadia, 501 So. 2d 148 (Fla. 2d DCA 1987). “Since appellee’s zoning code does not define “migrant labor camp” and since appellants are licensed to operate the property by the Florida Hotel and Restaurant Commission as a “transient apartment” pursuant to section 509.242(1)(g), Florida Statutes (1983), we must look to the…”

— 509.242(2) — 1 case

— 509.242(c) — 2 cases

City of Miami v. Airbnb, 260 So. 3d 478 (Fla. 3d DCA 2018). “§ 509.242(c), Fla. Stat. (2017) (emphasis added).”

City of Miami v. Airbnb (Fla. 3d DCA 2018). “§ 509.242(c), Fla. Stat. (2017) (emphasis added).”

— 509.242(l)(a) — 1 case

— 509.242(l)(c) — 1 case

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