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. 509.101

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 and its guests and employees; and each guest or employee staying, sojourning, eating, or employed in the establishment shall conform to and abide by such rules and regulations so long as the guest or employee remains in or at the establishment. Such rules and regulations shall be deemed to be a special contract between the operator and each guest or employee using the services or facilities of the operator. Such rules and regulations shall control the liabilities, responsibilities, and obligations of all parties. Any rules or regulations established pursuant to this section shall be printed in the English language and posted in a prominent place within such public lodging establishment or public food service establishment. In addition, any operator of a public food service establishment shall maintain a copy of the latest food service inspection report and shall make it available to the division at the time of any division inspection of the establishment and to the public, upon request.

(2) It is the duty of each operator of a transient establishment to maintain at all times a register of guests who occupy rental units within the establishment, showing the dates upon which the rental units were occupied by such guests and the rates charged for their occupancy. Each operator shall maintain this register in chronological order, shall make the register available for inspection by the division at any time, and may keep the register in an electronic format. Operators need not make available registers that are more than 2 years old.

(3) It is the duty of each operator of a public food service establishment that provides commissary services to maintain a daily registry verifying that each mobile food dispensing vehicle or temporary commercial kitchen that receives such services is properly licensed by the division. In order that such licensure may be readily verified, each mobile food dispensing vehicle operator or temporary commercial kitchen operator shall permanently affix in a prominent place on the side of the vehicle or kitchen, in figures at least 2 inches high and in contrasting colors from the background, the operator’s public food service establishment license number. Prior to providing commissary services, each public food service establishment must verify that the license number displayed on the vehicle or kitchen matches the number on the vehicle or kitchen operator’s public food service establishment license.

History.—s. 2, ch. 1999, 1874; RS 871; GS 1229; RGS 2353; CGL 3757; s. 38, ch. 16042, 1933; s. 5, ch. 57-389; ss. 16, 35, ch. 69-106; s. 5, ch. 73-325; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 7, 39, 42, ch. 79-240; ss. 3, 4, ch. 81-161; ss. 2, 3, ch. 81-318; ss. 10, 51, 52, ch. 90-339; s. 4, ch. 91-40; s. 4, ch. 91-429; s. 5, ch. 93-53; s. 6, ch. 96-384; s. 4, ch. 2008-55; s. 3, ch. 2015-143; s. 1, ch. 2023-48; s. 5, ch. 2023-211.

Note.—Former s. 510.02.

F.S. 509.101 on Google Scholar

F.S. 509.101 on Casetext

Amendments to 509.101

Arrestable Offenses / Crimes under Fla. Stat. 509.101

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 509.101.

Annotations, Discussions, Cases:

Cases from cite.case.law:

CHARLES BERNARD, LTD. d b a v. TOBIAS JEWELRY LIMITED,, 751 So. 2d 711 (Fla. Dist. Ct. App. 2000)

. . . See § 509.101, Fla. Stat. (1995); Fennema v. . . .

HANOVER INSURANCE COMPANY, v. MARRIOTT INTERNATIONAL, INC. d b a s a, 685 So. 2d 894 (Fla. Dist. Ct. App. 1996)

. . . The Maglieris sued Marriott and, pursuant to sections 509.101 and 509.111, Florida Statutes (1993), the . . .

SOUTHERNMOST AFFILIATES, d b a v. Dr. ALONZO, 654 So. 2d 1066 (Fla. Dist. Ct. App. 1995)

. . . Here, although the hotel posted the required notice to guests under Section 509.101, Florida Statutes . . .

J. FENNEMA A. v. HOWARD JOHNSON COMPANY, a a H. Jr. A., 559 So. 2d 1231 (Fla. Dist. Ct. App. 1990)

. . . had posted Section 509.111, Florida Statutes (1985) in a “prominent place,” [as required by Section 509.101 . . . the office, hall, or lobby or another prominent place of such public lodging ... establishment.” § 509.101 . . .

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

. . . rooms were occupied by such guest and the rates charged for their occupancy as required by section 509.101 . . .

FLORIDA SONESTA CORPORATION, d b a v. ANIBALLI ANIBALLI v. FLORIDA SONESTA CORPORATION, d b a, 463 So. 2d 1203 (Fla. Dist. Ct. App. 1985)

. . . determining that no material issues of fact existed regarding the Hotel’s compliance with sections 509.101 . . . The circuit court ruled that the “Notice to Guest” sign complied with section 509.101, Florida Statutes . . . This unambiguous statute states that any regulation established pursuant to section 509.101(1), shall . . . (e.s.). § 509.101(1), Fla.Stat. (1979). . . . Aniballi, read as follows: . 509.101. . . .

ANIBALLI v. FLORIDA SONESTA CORP. INC., 6 Fla. Supp. 2d 224 (Fla. Cir. Ct. 1984)

. . . The Aniballis contended the hotel failed to comply with the notice requirements of Section 509.101, Florida . . . We respectfully agree wit Judge Simon that the hotel complied with Section 509.101 Florida Statutes. . . .

ZACHARIA, v. HARBOR ISLAND SPA, INC., 519 F. Supp. 456 (E.D.N.Y. 1981)

. . . Also in effect at the time was § 509.101, which provided that an innkeeper could prescribe reasonable . . . She argues further that the failure to show compliance with the posting provisions of § 509.101 also . . . requirement of § 38 of Chapter 16042, Florida Acts of 1933, the forerunner of present Fla.Stat.Ann. § 509.101 . . . Although § 509.101 does require posting of a copy of § 509.111 in designated places, the former section . . . Florida Statute, § 509.101 (1979): (1) Any operator of a public lodging establishment or a public food . . .

SARIC, v. MIAMI CARIBE INVESTMENTS, INC., 512 F.2d 1013 (5th Cir. 1975)

. . . law further requires a hotel to post notice of this limitation of its liability, Florida statutes, § 509.101 . . . Neither the pleadings nor the remainder of the appellate record explicitly indicate whether the Section 509.101 . . . for failure to post notices nor did it offer any proof by deposition or otherwise that the Section 509.101 . . . Florida Statute. 509.101 Proprietors or managers may make rules; maintenance of register (1) Every proprietor . . .

H. GARNER, v. MARGERY LANE, INC., 242 So. 2d 776 (Fla. Dist. Ct. App. 1970)

. . . posted in various locations in the hotel, in substantial compliance with the notice provisions of F.S. 509.101 . . . between the two cases is the fact that in Fuchs the hotel failed to post notices as required by F.S. 509.101 . . .

FUCHS, v. HARBOR ISLAND SPA, INC. FEDERAL INSURANCE COMPANY, v. HARBOR ISLAND SPA, INC., 420 F.2d 1100 (5th Cir. 1970)

. . . anywhere else in the office, hall or lobby, despite a requirement to that effect as contained in Section 509.101 . . .

SAMANN, v. COMMISSIONER OF INTERNAL REVENUE,, 313 F.2d 461 (4th Cir. 1963)

. . . . § 509.101 (1955). . Treas.Reg. § 509.110 (1955). . . .

KAUFMAN, v. COLUMBUS HOTEL, 12 Fla. Supp. 71 (Dade Cty. Cir. Ct. 1957)

. . . It is the view of the court that sections 509.101 and 509.111 must be construed in pari materia. . . . limitation of liability created under section 509.111, the hotel must have first complied with section 509.101 . . .