The 2023 Florida Statutes (including Special Session C)

Title XXXIII
REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS

Chapter 509
LODGING AND FOOD SERVICE ESTABLISHMENTS; MEMBERSHIP CAMPGROUNDS

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F.S. 509.242

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.

F.S. 509.242 on Google Scholar

F.S. 509.242 on Casetext

Amendments to 509.242

Arrestable Offenses / Crimes under Fla. Stat. 509.242

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 509.242.

Annotations, Discussions, Cases:

Cases from cite.case.law:

CITY OF MIAMI, v. AIRBNB, INC., 260 So. 3d 478 (Fla. App. Ct. 2018)

. . . . § 509.242(c), Fla. Stat. (2017) (emphasis added). . . .

SANTA MONICA BEACH PROPERTY OWNERS ASSOCIATION, INCORPORATED, v. ACORD C., 219 So. 3d 111 (Fla. Dist. Ct. App. 2017)

. . . .; see also § 509.242, Fla. Stat. . . .

EISENBERG, v. CITY OF MIAMI BEACH,, 1 F. Supp. 3d 1327 (S.D. Fla. 2014)

. . . . § 509.242(l)(c). . . .

BAY COUNTY LLC, v. HARRISON, 13 So. 3d 115 (Fla. Dist. Ct. App. 2009)

. . . . § 509.242(l)(c), Fla. Stat. (2005). . . . . § 509.242(1), Fla. Stat. (2005). . . .

J. NEUMONT, v. MONROE COUNTY, FLORIDA,, 198 F.R.D. 554 (S.D. Fla. 2000)

. . . . §§ 509.251(1) and 509.242(g) for one or more real properties located in Monroe County, allowing such . . . Stat. §§ 509.251(1) and 509.242(g) for one or more real properties located in Monroe County, allowing . . .

ADVISORY OPINION TO THE ATTORNEY GENERAL, 656 So. 2d 466 (Fla. 1995)

. . . .” § 509.242(l)(a), Fla.Stat. (1993). . . . . § 509.242(1), Fla.Stat. (1993). . . .

J. F. WILLIAMS v. CITY OF ARCADIA, a, 501 So. 2d 148 (Fla. Dist. Ct. App. 1987)

. . . property by the Florida Hotel and Restaurant Commission as a “transient apartment” pursuant to section 509.242 . . . Section 509.242(1)(g) under which appellants’ property is licensed as a “transient apartment” provides . . .

STATE v. ORANGE COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY,, 417 So. 2d 959 (Fla. 1982)

. . . Further, the Project consists of a public lodging facility as defined in s. 509.242 and a restaurant . . .

CITY OF MIAMI BEACH, a v. ARTHREE, INC. a KASKEL v. ARTHREE, INC. a, 269 So. 2d 699 (Fla. Dist. Ct. App. 1972)

. . . . § 509.242(1) (a), (b), F.S.A., defines the terms “hotel” and “apartment hotel” as follows: “(a) Hotel . . . In light of the definitions contained in Ordinance No. 289 and in Fla.Stat. § 509.242(1) (a), (b), F.S.A . . .

L. WARNOCK, v. FLORIDA HOTEL AND RESTAURANT COMMISSION,, 178 So. 2d 917 (Fla. Dist. Ct. App. 1965)

. . . Hotel and Restaurant Commission, advising that he was operating his business in violation of Section 509.242 . . . contends that the Commissioner’s suspension order was imposed solely for non-compliance with Section 509.242 . . . Section 509.242(1) (c), Florida Statutes, defines a motel as follows: “(c) Motel. . . . Appellee contends that it has interpreted and construed Section 509.242(1) (c), Florida Statutes, F.S.A . . . simply surplusage and does not add to nor take away from the validity of the other portions of Section 509.242 . . .