Florida Statute 509.402 - 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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509.402 Operator’s right to recover premises.—If the guest of a public lodging establishment vacates the premises without notice to the operator and the operator reasonably believes the guest does not intend to satisfy the outstanding account, the operator may recover the premises. Upon recovery of the premises, the operator shall make an itemized inventory of any property belonging to the guest and store such property until a settlement or a final court judgment is obtained on the guest’s outstanding account. Such inventory shall be conducted by the operator and at least one other person who is not an agent of the operator.

History.—s. 1, ch. 77-249; ss. 28, 39, 42, ch. 79-240; ss. 3, 4, ch. 81-161; ss. 2, 3, ch. 81-318; ss. 36, 51, 52, ch. 90-339; s. 4, ch. 91-429.

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Cases Citing Statute 509.402

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United States v. Tam Wai-Keung, 845 F. Supp. 1548 (S.D. Fla. 1994).

Cited 11 times | Published | District Court, S.D. Florida | 1994 U.S. Dist. LEXIS 2873, 1994 WL 76515

...Finally, since the search did not take place until well after noon (in fact it was after 3:00 p.m., the late check-out time), possession of the rooms had reverted to the hotel, which was thus within its rights to authorize the Secret Service to search them. Cf. FLA.STAT.ANN. § 509.402 (West 1988)....

...by failing to pay for his room. Cowan, 396 F.2d at 86-87. Once the Sheraton found out that the rooms were guaranteed with a fraudulent credit card, it had every right to terminate the occupancy of the rooms occupied by the defendants. FLA.STAT.ANN. § 509.402 (West 1988)....