Fla. Stat. 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 hereinafter provided, any guest of the establishment who, while on the premises of the establishment, illegally possesses or deals in controlled substances as defined in chapter 893 or is intoxicated, profane, lewd, or brawling; who indulges in any language or conduct which disturbs the peace and comfort of other guests or which injures the reputation, dignity, or standing of the establishment; who, in the case of a public lodging establishment, fails to make payment of rent at the agreed-upon rental rate by the agreed-upon checkout time; who, in the case of a public lodging establishment, fails to check out by the time agreed upon in writing by the guest and public lodging establishment at check-in unless an extension of time is agreed to by the public lodging establishment and guest prior to checkout; who, in the case of a public food service establishment, fails to make payment for food, beverages, or services; or who, in the opinion of the operator, is a person the continued entertainment of whom would be detrimental to such establishment. The admission to, or the removal from, such establishment shall not be based upon race, creed, color, sex, physical disability, or national origin.

(2)

The operator of any public lodging establishment or public food service establishment shall notify such guest that the establishment no longer desires to entertain the guest and shall request that such guest immediately depart from the establishment. Such notice may be given orally or in writing. If the notice is in writing, it shall be as follows:

“You are hereby notified that this establishment no longer desires to entertain you as its guest, and you are requested to leave at once. To remain after receipt of this notice is a misdemeanor under the laws of this state.”

If such guest has paid in advance, the establishment shall, at the time such notice is given, tender to such guest the unused portion of the advance payment; however, the establishment may withhold payment for each full day that the guest has been entertained at the establishment for any portion of the 24-hour period of such day.

(3)

Any guest who remains or attempts to remain in any such establishment after being requested to leave is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(4)

If any person is illegally on the premises of any public lodging establishment or public food service establishment, the operator of such establishment may call upon any law enforcement officer of this state for assistance. It is the duty of such law enforcement officer, upon the request of such operator, to place under arrest and take into custody for violation of this section any guest who violates subsection (3) in the presence of the officer. If a warrant has been issued by the proper judicial officer for the arrest of any violator of subsection (3), the officer shall serve the warrant, arrest the person, and take the person into custody. Upon arrest, with or without warrant, the guest will be deemed to have given up any right to occupancy or to have abandoned such right of occupancy of the premises, and the operator of the establishment may then make such premises available to other guests. However, the operator of the establishment shall employ all reasonable and proper means to care for any personal property which may be left on the premises by such guest and shall refund any unused portion of moneys paid by such guest for the occupancy of such premises.

Source: Section 509.141 — Refusal of admission and ejection of undesirable guests; notice; procedure; penalties for refusal to leave, https://www.­flsenate.­gov/Laws/Statutes/2024/0509.­141 (accessed Aug. 7, 2025).

509.013
Definitions
509.032
Duties
509.034
Application
509.035
Immediate closure due to severe public health threat
509.036
Public food service inspector standardization
509.039
Food service manager certification
509.049
Food service employee training
509.072
Hotel and Restaurant Trust Fund
509.091
Notices
509.092
Public lodging establishments and public food service establishments
509.095
Accommodations at public lodging establishments for individuals with a valid military identification card
509.096
Human trafficking awareness training and policies for public lodging establishments
509.098
Prohibition of hourly rates
509.101
Establishment rules
509.102
Mobile food dispensing vehicles
509.103
Food delivery platforms
509.111
Liability for property of guests
509.141
Refusal of admission and ejection of undesirable guests
509.142
Conduct on premises
509.143
Disorderly conduct on the premises of an establishment
509.144
Prohibited handbill distribution in a public lodging establishment
509.151
Obtaining food or lodging with intent to defraud
509.161
Rules of evidence in prosecutions
509.162
Theft of personal property
509.191
Unclaimed property
509.211
Safety regulations
509.213
Emergency first aid to choking victims
509.214
Notification of automatic gratuity charge
509.215
Firesafety
509.221
Sanitary regulations
509.232
School carnivals and fairs
509.233
Public food service establishment requirements
509.241
Licenses required
509.242
Public lodging establishments
509.251
License fees
509.261
Revocation or suspension of licenses
509.271
Prerequisite for issuance of municipal or county occupational license
509.281
Prosecution for violation
509.285
Enforcement
509.291
Advisory council
509.292
Misrepresenting food or food product
509.302
Hospitality Education Program
509.401
Operator’s right to lockout
509.402
Operator’s right to recover premises
509.403
Operator’s writ of distress
509.404
Writ of distress
509.405
Complaint
509.406
Prejudgment writ of distress
509.407
Writ of distress
509.408
Prejudgment writ
509.409
Writ
509.411
Exemptions from writ of distress
509.412
Writ
509.413
Judgment for plaintiff when goods not delivered to defendant
509.414
Judgment for plaintiff when goods retained by or redelivered to defendant
509.415
Judgment for defendant when goods are retained by or redelivered to the defendant
509.416
Judgment for defendant when goods are not retained by or redelivered to the defendant
509.417
Writ
509.2015
Telephone surcharges by public lodging establishments
509.2112
Public lodging establishments three stories or more in height
509.2151
Dining facility firesafety requirement limitation
509.4005
Applicability of ss

Current through Fall 2025

§ 509.141. Refusal of admission & ejection of undesirable guests; notice; procedure; penalties for refusal to leave's source at flsenate​.gov