CFHLA supports making the necessary changes to Chapter 509.141, Florida Statutes, to provide more clarity to guests, law enforcement, and lodging establishments.
Chapter 509.141, Florida Statutes, permits licensed public lodging establishments to remove disruptive, violent, law-breaking, and non-paying guests from their property. It further allows for the engagement of law enforcement for assistance if the guest refuses to leave. This procedure is specifically separate and apart from the eviction procedures present in Chapter 83, Florida Statutes, which controls landlord/tenant relationships.
Chapter 509.141, F.S., as currently constructed, does not provide clear guidance to guests, law enforcement, and lodging establishments regarding how the law should be applied to non-paying guests. Many public lodging establishment operators, upon trying to remove non-paying guests, are told that the delinquent guest is a tenant and that Chapter 83 eviction proceedings must be used in order to remove the guest. This legal ambiguity results in significant financial harm to the operator of the establishment because they are losing the monies due for the room rental, and they are forced to assume the additional cost and time of the traditional eviction process.