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. 509.241

509.241 Licenses required; exceptions; division online accounts and transactions.—

(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 one place or individual to another. It shall be a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, for such an establishment to operate without a license. Local law enforcement shall provide immediate assistance in pursuing an illegally operating establishment. The division may refuse a license, or a renewal thereof, to any establishment that is not constructed and maintained in accordance with law and with the rules of the division. The division may refuse to issue a license, or a renewal thereof, to any establishment an operator of which, within the preceding 5 years, has been adjudicated guilty of, or has forfeited a bond when charged with, any crime reflecting on professional character, including soliciting for prostitution, pandering, letting premises for prostitution, keeping a disorderly place, or illegally dealing in controlled substances as defined in chapter 893, whether in this state or in any other jurisdiction within the United States, or has had a license denied, revoked, or suspended pursuant to s. 429.14. Licenses shall be renewed annually, and the division shall adopt a rule establishing a staggered schedule for license renewals. If any license expires while administrative charges are pending against the license, the proceedings against the license shall continue to conclusion as if the license were still in effect.

(2) APPLICATION FOR LICENSE.—Each person who plans to open a public lodging establishment or a public food service establishment shall apply for and receive a license from the division prior to the commencement of operation. A condominium association, as defined in s. 718.103, which does not own any units classified as vacation rentals or timeshare projects under s. 509.242(1)(c) or (g) is not required to apply for or receive a public lodging establishment license.

(3) DISPLAY OF LICENSE.—Any license issued by the division shall be conspicuously displayed in the office or lobby of the licensed establishment. Public food service establishments which offer catering services shall display their license number on all advertising for catering services.

(4) ONLINE ACCOUNT AND TRANSACTIONS.—Each person who plans to open a public lodging establishment or a public food service establishment and each licensee or licensed agent must create and maintain a division online account and provide an e-mail address to the division to function as the primary contact for all communication from the division.

(a) Licensees and licensed agents are responsible for maintaining accurate contact information on file with the division.

(b) Each licensee issued a license or licensed agent managing a license classified as a vacation rental or timeshare project, as those terms are defined in s. 509.242(1)(c) and (g), respectively, must submit any change in the street or unit address or number of houses or units included under the license within 30 days after the change. All changes must be filed with the division through the division’s online system.

(c) The division shall adopt rules to implement this subsection. The rules must specify circumstances under which a person who plans to open a public lodging establishment or a public food service establishment and each licensee or licensed agent may opt out of the requirement to create and maintain a division online account.

History.—ss. 3-5, 8, ch. 6952, 1915; RGS 2124-2126, 2129; ss. 3, 4, ch. 9264, 1923; s. 6, ch. 12053, 1927; CGL 3353-3355, 3358; s. 1, ch. 13659, 1929; ss. 6-8, 13, ch. 16042, 1933; CGL 1936 Supp. 3353, 3354; s. 1, ch. 23930, 1947; ss. 5, 6, ch. 29821, 1955; s. 1, ch. 29820, 1955; s. 9, ch. 57-389; s. 1, ch. 57-824; s. 1, ch. 61-81; s. 1, ch. 67-507; ss. 16, 35, ch. 69-106; s. 4, ch. 70-281; s. 480, ch. 71-136; s. 6, ch. 71-157; s. 19, ch. 73-325; s. 20, ch. 75-233; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 17, ch. 78-336; s. 1, ch. 78-343; ss. 18, 20, 39, 42, ch. 79-240; ss. 3, 4, ch. 81-161; s. 389, ch. 81-259; ss. 2, 3, ch. 81-318; s. 4, ch. 86-174; s. 23, ch. 89-294; ss. 25, 51, 52, ch. 90-339; s. 10, ch. 91-40; s. 4, ch. 91-429; s. 97, ch. 2006-197; s. 4, ch. 2011-119; s. 4, ch. 2014-133; s. 6, ch. 2023-211.

Note.—Former ss. 511.01-511.03, 511.10.

F.S. 509.241 on Google Scholar

F.S. 509.241 on Casetext

Amendments to 509.241

Arrestable Offenses / Crimes under Fla. Stat. 509.241

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

S509.241 - PUBLIC ORDER CRIMES - OPR FOOD LODGING ESTABLISHMENT WITHOUT LICENSE - M: S

Annotations, Discussions, Cases:

Cases from cite.case.law:

PLAKHOV, v. SEROVA,, 126 So. 3d 1221 (Fla. Dist. Ct. App. 2012)

. . . Stat. (2008) (providing that ”[a]ny person licensed under the provisions of s. 509.241, unless excluded . . .

CURD, v. MOSAIC FERTILIZER, LLC,, 39 So. 3d 1216 (Fla. 2010)

. . . See § 509.241(1), Fla. . . .

BROWARD COUNTY, a v. FORT LAUDERDALE CHRISTIAN SCHOOL,, 366 So. 2d 1264 (Fla. Dist. Ct. App. 1979)

. . . The court dismissed the complaint because Section 509.241(2)(b)(l), Florida Statutes, exempts school . . .

BEATY v. KIMERLING CORPORATION,, 47 Fla. Supp. 103 (Dade Cty. Cir. Ct. 1978)

. . . to any public lodging establishment required to be licensed under the provisions of Florida Statute §509.241 . . . (3) committed by public lodging establishments required to be licensed pursuant to Florida Statute §509.241 . . .

DEPARTMENT OF BUSINESS REGULATION, DIVISION OF HOTELS AND RESTAURANTS, v. STEIN Ft., 326 So. 2d 205 (Fla. Dist. Ct. App. 1976)

. . . adding thereto Subsection (7) which reads as follows: “Any person licensed under the provisions of s. 509.241 . . .

HOLIDAY OUT IN AMERICA AT ST. LUCIE, INC. v. E. BOWES M., 285 So. 2d 63 (Fla. Dist. Ct. App. 1973)

. . . Section 509.241(5), F.S.A. . . .

R. K. OVERSTREET, v. L. BLUM,, 227 So. 2d 197 (Fla. 1969)

. . . Section 509.241(1) (b) provides as follows: (b) The following are exempted from the provisions of paragraph . . .

CITY OF MIAMI BEACH, a N. H. v. ROYAL CASTLE SYSTEM, INC. a, 126 So. 2d 595 (Fla. Dist. Ct. App. 1961)

. . . Sec. 509.241(2) (a) defines a restaurant in this language: “ ‘ (a) Every building, vehicle, . or other . . .

ROYAL CASTLE SYSTEM, v. CITY OF MIAMI BEACH, 16 Fla. Supp. 6 (Dade Cty. Cir. Ct. 1960)

. . . Sec. 509.241 (2) (a) defines a restaurant in this language — “ (a) Every building, vehicle, or other . . .