Chapter 509 Lodging And Food Service Establishments; Membership Campgrounds
Part I - Public Lodging And Public Food Service Establishments
(ss. 509.013-509.417)
- §509.013 Definitions.
As used in this chapter, the term: (1) "Division" means the Division of Hotels and Restaurants of the Department of Business and Professional Regulation. (2) "Operator" means...
- §509.032 Duties.
(1) GENERAL.--The division shall carry out all of the provisions of this chapter and all other applicable laws and rules relating to the inspection or regulation...
- §509.034 Application.
Sections 509.141-509.162 and 509.401-509.417 apply to transients only. This chapter may not be used to circumvent the procedural requirements of the Florida Residential Landlord and...
- §509.035 Immediate closure due to severe public health threat.
The division shall, upon proper finding, immediately issue an order to close an establishment licensed under this chapter in the instance of a severe and...
- §509.036 Public food service inspector standardization.
(1) Any person performing required inspections of licensed public food service establishments for the division or its agent must: (a) Be standardized by a food service evaluation...
- §509.039 Food service manager certification.
It is the duty of the division to adopt, by rule, food safety protection standards for the training and certification of all food service managers...
- §509.049 Food service employee training.
(1) The division shall adopt, by rule, minimum food safety protection standards for the training of all food service employees who are responsible for the storage,...
- §509.072 Hotel and Restaurant Trust Fund; collection and disposition of moneys received.
(1) There is created a Hotel and Restaurant Trust Fund to be used for the administration and operation of the division and the carrying out of...
- §509.091 Notices; form and service.
Each notice served by the division pursuant to this chapter must be in writing and must be delivered personally by an agent of the division...
- §509.092 Public lodging establishments and public food service establishments; rights as private enterprises.
Public lodging establishments and public food service establishments are private enterprises, and the operator has the right to refuse accommodations or service to any person...
- §509.101 Establishment rules; posting of notice; food service inspection report; maintenance of guest register; mobile food dispensing vehicle registry.
(1) Any operator of a public lodging establishment or a public food service establishment may establish reasonable rules and regulations for the management of the establishment...
- §509.111 Liability for property of guests.
(1) The operator of a public lodging establishment is not under any obligation to accept for safekeeping any moneys, securities, jewelry, or precious stones of any...
- §509.141 Refusal of admission and ejection of undesirable guests; notice; procedure; penalties for refusal to leave.
(1) The operator of any public lodging establishment or public food service establishment may remove or cause to be removed from such establishment, in the manner...
- §509.142 Conduct on premises; refusal of service.
The operator of a public lodging establishment or public food service establishment may refuse accommodations or service to any person whose conduct on the premises...
- §509.143 Disorderly conduct on the premises of an establishment; detention; arrest; immunity from liability.
(1) An operator may take a person into custody and detain that person in a reasonable manner and for a reasonable time if the operator has...
- §509.144 Prohibited handbill distribution in a public lodging establishment; penalties.
(1) As used in this section, the term: (a) "Handbill" means a flier, leaflet, pamphlet, or other written material that advertises, promotes, or informs persons about an...
- §509.151 Obtaining food or lodging with intent to defraud; penalty.
(1) Any person who obtains food, lodging, or other accommodations having a value of less than $300 at any public food service establishment, or at any...
- §509.161 Rules of evidence in prosecutions.
In prosecutions under s. 509.151, proof that lodging, food, or other accommodations were obtained by false pretense; by false or fictitious show of baggage or...
- §509.162 Theft of personal property; detaining and arrest of violator; theft by employee.
(1) Any law enforcement officer or operator of a public lodging establishment or public food service establishment who has probable cause to believe that theft of...
- §509.191 Unclaimed property.
Any property with an identifiable owner which is left in a public lodging establishment or public food service establishment, other than property belonging to a...
- §509.201 Room rates; posting; advertising; penalties.
(1) In each public lodging establishment renting by the day or week there shall be posted in a plainly legible fashion, in a conspicuous place in...
- §509.2015 Telephone surcharges by public lodging establishments.
(1) A public lodging establishment which imposes a surcharge for any telephone call must post notice of such surcharge in a conspicuous place located by each...
- §509.211 Safety regulations.
(1) Each bedroom or apartment in each public lodging establishment shall be equipped with an approved locking device on each door opening to the outside, to...
- §509.2112 Public lodging establishments three stories or more in height; inspection rules.
The Division of Hotels and Restaurants of the Department of Business and Professional Regulation is directed to provide rules to require that: (1) Every public lodging...
- §509.213 Emergency first aid to choking victims.
(1) Every public food service establishment shall post a sign which illustrates and describes the Heimlich Maneuver procedure for rendering emergency first aid to a choking...
- §509.214 Notification of automatic gratuity charge.
Every public food service establishment which includes an automatic gratuity or service charge in the price of the meal shall include on the food menu...
- §509.215 Firesafety.
(1) Any: (a) Public lodging establishment, as defined in this chapter, which is of three stories or more and for which the construction contract has been let...
- §509.221 Sanitary regulations.
(1) Each public lodging establishment and each public food service establishment shall be supplied with potable water and shall provide adequate sanitary facilities for the accommodation...
- §509.232 School carnivals and fairs; exemption from certain food service regulations.
Any public or nonprofit school which operates a carnival, fair, or other celebration, by whatever name known, which is in operation for 3 days or...
- §509.233 Public food service establishment requirements; local exemption for dogs in designated outdoor portions; pilot program.
(1) INTENT.--It is the intent of the Legislature by this section to establish a 3-year pilot program for local governments to allow patrons' dogs within certain...
- §509.241 Licenses required; exceptions.
(1) LICENSES; ANNUAL RENEWALS.--Each public lodging establishment and public food service establishment shall obtain a license from the division. Such license may not be transferred from...
- §509.242 Public lodging establishments; classifications.
(1) A public lodging establishment shall be classified as a hotel, motel, resort condominium, nontransient apartment, transient apartment, roominghouse, bed and breakfast inn, or resort dwelling...
- §509.251 License fees.
(1) The division shall adopt, by rule, a schedule of fees to be paid by each public lodging establishment as a prerequisite to issuance or renewal...
- §509.261 Revocation or suspension of licenses; fines; procedure.
(1) Any public lodging establishment or public food service establishment that has operated or is operating in violation of this chapter or the rules of the...
- §509.271 Prerequisite for issuance of municipal or county occupational license.
A municipality or county may not issue an occupational license to any business coming under the provisions of this chapter until a license has been...
- §509.281 Prosecution for violation; duty of state attorney; penalties.
(1) The division or an agent of the division, upon ascertaining by inspection that any public lodging establishment or public food service establishment is being operated...
- §509.285 Enforcement; city and county officers to assist.
Any state or county attorney, sheriff, police officer, and any other appropriate municipal and county official shall, upon request, assist the division or any of...
- §509.291 Advisory council.
(1) There is created a 10-member advisory council. (a) The Secretary of Business and Professional Regulation shall appoint seven voting members to the advisory council. Each member...
- §509.292 Misrepresenting food or food product; penalty.
(1) An operator may not knowingly and willfully misrepresent the identity of any food or food product to any of the patrons of such establishment. The...
- §509.302 Hospitality Education Program.
(1) The division shall administer an educational program, designated the "Hospitality Education Program," offered for the benefit of the restaurant and lodging industries of this state....
- §509.4005 Applicability of ss. 509.401-509.417.
Sections 509.401-509.417 apply only to guests in transient occupancy in a public lodging establishment. History.--ss. 27, 42, ch. 79-240; ss. 3, 4, ch. 81-161; ss....
- §509.401 Operator's right to lockout.
(1) If, upon a reasonable determination by an operator of a public lodging establishment, a guest has accumulated a large outstanding account at such establishment, the...
- §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...
- §509.403 Operator's writ of distress.
If, after a lockout has been imposed pursuant to s. 509.401, a guest fails to make agreed-upon payments on an outstanding account, or, notwithstanding s....
- §509.404 Writ of distress; venue and jurisdiction.
The action under s. 509.403 shall be brought in a court of appropriate jurisdiction in the county where the property is located. When property consists...
- §509.405 Complaint; requirements.
To obtain an order authorizing the issuance of a writ of distress upon final judgment, the operator must first file with the clerk of the...
- §509.406 Prejudgment writ of distress.
(1) A prejudgment writ of distress may issue and the property seized may be delivered forthwith to the plaintiff when the nature of the claim, the...
- §509.407 Writ of distress; levy of writ.
The officer of the court to whom a final judgment writ of distress is directed shall execute the writ of distress by service on defendant...
- §509.408 Prejudgment writ; form; return.
The prejudgment writ issued under s. 509.406 shall command the officer to whom it may be directed to distrain the described personal property of defendant...
- §509.409 Writ; inventory.
When the officer seizes distrainable property, either under s. 509.407 or s. 509.408, and such property is seized on the premises of a public lodging...
- §509.411 Exemptions from writ of distress.
The following property of a guest is exempt from distress and sale under this chapter: (1) From final distress and sale: clothing and items essential to...
- §509.412 Writ; claims by third persons.
Any third person claiming any property distrained pursuant to this chapter may interpose and prosecute a claim for the property in the same manner as...
- §509.413 Judgment for plaintiff when goods not delivered to defendant.
If it appears that the account stated in the complaint is wrongfully unpaid and the property described in such complaint is the defendant's and was...
- §509.414 Judgment for plaintiff when goods retained by or redelivered to defendant.
(1) If it appears that the property was retained by, or redelivered to, the defendant on the defendant's forthcoming bond, either under s. 509.406(4) or (6),...
- §509.415 Judgment for defendant when goods are retained by or redelivered to the defendant.
When property has been retained by, or redelivered to, the defendant on the defendant's forthcoming bond or upon the dissolution of a prejudgment writ and...
- §509.416 Judgment for defendant when goods are not retained by or redelivered to the defendant.
If the property has not been retained by, or redelivered to, the defendant and the defendant prevails, judgment shall be entered against the plaintiff for...
- §509.417 Writ; sale of property distrained.
(1) If the judgment is for the plaintiff, the property in whole or in part shall, at the plaintiff's option pursuant to s. 509.413 or s....
Part II - Membership Campgrounds (ss. 509.501-509.512)
- §509.501 Short title.
This act may be cited as the "Florida Membership Campground Act." History.--s. 1, ch. 88-157. ...
- §509.502 Definitions.
As used in this act: (1) "Advertising" means any written, oral, printed, or visual communication by an offeror made in connection with the promotion of a...
- §509.503 Membership camping contracts.
Each offeror of a membership camping plan must use and must furnish each purchaser with a fully completed copy of a contract incorporating the following...
- §509.504 Cancellation.
(1) A purchaser has the right to cancel her or his contract within the time period and in the manner described in paragraph (a) and to...
- §509.505 Required disclosures.
(1) The offeror of a membership camping plan shall include the following disclosures within each membership camping contract: (a) The following capitalized statement in at least 10-point...
- §509.506 Trust accounts.
(1) All funds or other properties received from or on behalf of a purchaser in connection with the execution of the membership camping contract shall be...
- §509.507 Advertising; disclosures; unlawful acts.
(1) Advertising by an offeror, salesperson, or tour generator may not: (a) Misrepresent a material fact or create a false or misleading impression regarding the membership camping...
- §509.508 Prize and gift promotional offers.
(1) As used in this section, the term "prize and gift promotional offer" means any advertising material wherein a prospective purchaser may receive goods or services...
- §509.509 Purchasers' remedies.
An action for damages or injunctive or declaratory relief for a violation of this act may be brought by any purchaser against an offeror, a...
- §509.510 Violation of the Florida Membership Campground Act; exception.
A person who willfully violates a provision of this act other than the provisions of s. 509.506 is guilty of a misdemeanor of the first...
- §509.511 Violation; Deceptive and Unfair Trade Practices Act.
A violation of this act is a deceptive and unfair trade practice and constitutes a violation of the Florida Deceptive and Unfair Trade Practices Act....
- §509.512 Timeshare plan developer and exchange company exemption.
Sections 509.501-509.511 do not apply to a developer of a timeshare plan or an exchange company approved by the Division of Florida Land Sales, Condominiums,...
