Florida Senate - 2016                                     SB 900
       
       
        
       By Senator Dean
       
       
       
       
       
       5-00719-16                                             2016900__
    1                        A bill to be entitled                      
    2         An act relating to public lodging and food
    3         establishments; amending ss. 509.092, 509.141, and
    4         509.142, F.S.; prohibiting the operator of a public
    5         lodging or food establishment from refusing
    6         accommodations to, or removing, a person based solely
    7         upon such person’s age; providing an effective date.
    8          
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Section 509.092, Florida Statutes, is amended to
   12  read:
   13         509.092 Public lodging establishments and public food
   14  service establishments; rights as private enterprises.—Public
   15  lodging establishments and public food service establishments
   16  are private enterprises, and the operator has the right to
   17  refuse accommodations or service to any person who is
   18  objectionable or undesirable to the operator, but such refusal
   19  may not be based upon race, creed, color, sex, pregnancy,
   20  physical disability, or national origin. In addition, such
   21  refusal by the operator of a public lodging establishment may
   22  not be based solely upon age. A person aggrieved by a violation
   23  of this section or a violation of a rule adopted under this
   24  section has a right of action pursuant to s. 760.11.
   25         Section 2. Subsection (1) of section 509.141, Florida
   26  Statutes, is amended to read:
   27         509.141 Refusal of admission and ejection of undesirable
   28  guests; notice; procedure; penalties for refusal to leave.—
   29         (1) The operator of any public lodging establishment or
   30  public food service establishment may remove or cause to be
   31  removed from such establishment, in the manner hereinafter
   32  provided, any guest of the establishment who, while on the
   33  premises of the establishment, illegally possesses or deals in
   34  controlled substances as defined in chapter 893 or is
   35  intoxicated, profane, lewd, or brawling; who indulges in any
   36  language or conduct which disturbs the peace and comfort of
   37  other guests or which injures the reputation, dignity, or
   38  standing of the establishment; who, in the case of a public
   39  lodging establishment, fails to make payment of rent at the
   40  agreed-upon rental rate by the agreed-upon checkout time; who,
   41  in the case of a public lodging establishment, fails to check
   42  out by the time agreed upon in writing by the guest and public
   43  lodging establishment at check-in unless an extension of time is
   44  agreed to by the public lodging establishment and guest prior to
   45  checkout; who, in the case of a public food service
   46  establishment, fails to make payment for food, beverages, or
   47  services; or who, in the opinion of the operator, is a person
   48  the continued entertainment of whom would be detrimental to such
   49  establishment. The admission to, or the removal from, such
   50  establishment may shall not be based upon race, creed, color,
   51  sex, physical disability, or national origin. In addition, the
   52  admission to, or the removal from, a public lodging
   53  establishment may not be based solely upon age.
   54         Section 3. Section 509.142, Florida Statutes, is amended to
   55  read:
   56         509.142 Conduct on premises; refusal of service.—The
   57  operator of a public lodging establishment or public food
   58  service establishment may refuse accommodations or service to
   59  any person whose conduct on the premises of the establishment
   60  displays intoxication, profanity, lewdness, or brawling; who
   61  indulges in language or conduct such as to disturb the peace or
   62  comfort of other guests; who engages in illegal or disorderly
   63  conduct; who illegally possesses or deals in controlled
   64  substances as defined in chapter 893; or whose conduct
   65  constitutes a nuisance. Such refusal may not be based upon race,
   66  creed, color, sex, physical disability, or national origin. In
   67  addition, such refusal by the operator of a public lodging
   68  establishment may not be based solely upon age.
   69         Section 4. This act shall take effect July 1, 2016.