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. 509.143

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 probable cause to believe that the person was engaging in disorderly conduct in violation of s. 877.03 on the premises of the licensed establishment and that such conduct was creating a threat to the life or safety of the person or others. The operator shall call a law enforcement officer to the scene immediately after detaining a person under this subsection.

(2) A law enforcement officer may arrest, either on or off the premises of the licensed establishment and without a warrant, any person the officer has probable cause to believe violated s. 877.03 on the premises of a licensed establishment and, in the course of such violation, created a threat to the life or safety of the person or others.

(3) An operator or a law enforcement officer who detains a person under subsection (1) or makes an arrest under subsection (2) is not civilly or criminally liable for false arrest, false imprisonment, or unlawful detention on the basis of any action taken in compliance with subsection (1) or subsection (2).

(4) A person who resists the reasonable efforts of an operator or a law enforcement officer to detain or arrest that person in accordance with this section is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, unless the person did not know or did not have reason to know that the person seeking to make such detention or arrest was the operator of the establishment or a law enforcement officer.

History.—s. 1, ch. 86-174; ss. 14, 52, ch. 90-339; s. 4, ch. 91-429.

F.S. 509.143 on Google Scholar

F.S. 509.143 on Casetext

Amendments to 509.143

Arrestable Offenses / Crimes under Fla. Stat. 509.143

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

S509.143 4 - RESIST OFFICER - RESIST DETENTION ARREST LAW ENFORCEMENT OFC - M: F

S509.143 4 - CRIMES AGAINST PERSON - RESIST DETENTION PUBLIC LODGE OPERATOR - M: F

Annotations, Discussions, Cases:

Cases from cite.case.law:

S. LAWSON, v. CITY OF MIAMI BEACH, s d b a s LLC,, 908 F. Supp. 2d 1285 (S.D. Fla. 2012)

. . . affidavit charging Lawson with Disorderly Conduct in an Establishment in violation of Florida Statutes § 509.143 . . .

J. EPSTEIN, v. TOYS- R- US DELAWARE, INC. a a a, 277 F. Supp. 2d 1266 (S.D. Fla. 2003)

. . . Epstein was arrested for disorderly conduct in violation of § 509.143 of the Florida Statutes. . . . Florida Statute § 509.143 states in pertinent part: A law enforcement officer may arrest, either on or . . .