Florida Senate - 2025 SB 606
By Senator Leek
7-00637-25 2025606__
1 A bill to be entitled
2 An act relating to public lodging and food service
3 establishments; amending s. 509.013, F.S.; revising
4 definitions; amending s. 509.141, F.S.; revising the
5 instances under which the operator of any public
6 lodging establishment may remove a guest; providing
7 requirements for the notice an operator of a public
8 lodging establishment or public food service
9 establishment may give to a guest under specified
10 circumstances; making technical changes; requiring a
11 law enforcement officer to remove a guest who remains
12 on the premises of any public lodging establishment
13 after an operator makes a specified request;
14 authorizing a law enforcement officer to arrest and
15 take into custody any guest under certain
16 circumstances; reenacting ss. 196.1978(3)(k),
17 196.199(1)(a), 212.031(1)(a), 404.056(5),
18 413.08(1)(c), 480.043(14)(b), (c), and (e), and
19 559.955(5)(b), F.S., relating to affordable housing
20 property exemption; government property exemption;
21 taxes and fees for use of real property; environmental
22 radiation standards and testing, and notification on
23 real estate documents; rights and responsibilities of
24 an individual with a disability, and penalties;
25 massage establishments, requisites, licensure
26 inspection, and human trafficking awareness training
27 and policies; and home-based businesses, local
28 government, and restrictions, respectively, to
29 incorporate the amendment made to s. 509.013, F.S., in
30 references thereto; reenacting s. 721.13(14), F.S.,
31 relating to management, to incorporate the amendment
32 made to s. 509.141, F.S., in a reference thereto;
33 providing an effective date.
34
35 Be It Enacted by the Legislature of the State of Florida:
36
37 Section 1. Paragraph (a) of subsection (4) and subsections
38 (11), (12), (14), and (15) of section 509.013, Florida Statutes,
39 are amended to read:
40 509.013 Definitions.—As used in this chapter, the term:
41 (4)(a) “Public lodging establishment” includes a transient
42 public lodging establishment as defined in subparagraph 1. and a
43 nontransient public lodging establishment as defined in
44 subparagraph 2.
45 1. “Transient public lodging establishment” means any unit,
46 group of units, dwelling, building, or group of buildings within
47 a single complex of buildings which is rented to guests more
48 than three times in a calendar year for periods of less than 30
49 consecutive days or 1 calendar month, whichever is less, or
50 which is advertised or held out to the public as a place
51 regularly rented to guests for periods of less than 30
52 consecutive days.
53 2. “Nontransient public lodging establishment” means any
54 unit, group of units, dwelling, building, or group of buildings
55 within a single complex of buildings which is rented to guests
56 for periods of at least 30 consecutive days or 1 calendar month,
57 whichever is less, or which is advertised or held out to the
58 public as a place regularly rented to guests for periods of at
59 least 30 consecutive days or 1 calendar month.
60
61 License classifications of public lodging establishments, and
62 the definitions therefor, are set out in s. 509.242. For the
63 purpose of licensure, the term does not include condominium
64 common elements as defined in s. 718.103.
65 (11) “Transient establishment” means any public lodging
66 establishment that is rented or leased to guests by an operator
67 for transient whose intention is that such guests’ occupancy
68 will be temporary.
69 (12) “Transient occupancy” means occupancy that is when it
70 is the intention of the parties that the occupancy will be
71 temporary. A guest’s occupancy of a dwelling unit at a hotel,
72 motel, vacation rental, bed and breakfast inn, or timeshare
73 project as defined in s. 509.242 is transient unless a written
74 rental or leasing agreement expressly states that the unit may
75 be the guest’s There is a rebuttable presumption that, when the
76 dwelling unit occupied is not the sole residence of the guest,
77 the occupancy is transient.
78 (14) “Nontransient establishment” means any public lodging
79 establishment that is rented or leased to guests by an operator
80 for nontransient occupancy whose intention is that the dwelling
81 unit occupied will be the sole residence of the guest.
82 (15) “Nontransient occupancy” means occupancy that is not
83 when it is the intention of the parties that the occupancy will
84 not be temporary. A guest’s occupancy of a dwelling unit at a
85 hotel, motel, vacation rental, bed and breakfast inn, or
86 timeshare project as defined in s. 509.242 is transient unless a
87 written rental or leasing agreement expressly states the unit
88 may be the guest’s There is a rebuttable presumption that, when
89 the dwelling unit occupied is the sole residence of the guest,
90 the occupancy is nontransient.
91 Section 2. Section 509.141, Florida Statutes, is amended to
92 read:
93 509.141 Refusal of admission and ejection of undesirable
94 guests; notice; procedure; penalties for refusal to leave.—
95 (1) The operator of any public lodging establishment or
96 public food service establishment may remove or cause to be
97 removed from such establishment, in the manner hereinafter
98 provided, any guest of the establishment who, while on the
99 premises of the establishment, illegally possesses or deals in
100 controlled substances as defined in chapter 893 or is
101 intoxicated, profane, lewd, or brawling; who indulges in any
102 language or conduct which disturbs the peace and comfort of
103 other guests or which injures the reputation, dignity, or
104 standing of the establishment; who, in the case of a public
105 lodging establishment, fails to make payment of rent at the
106 agreed-upon rental rate by the agreed-upon checkout time
107 specified by the public lodging establishment; who, in the case
108 of a public lodging establishment, fails to check out by the
109 time specified agreed upon in writing by the guest and public
110 lodging establishment at check-in unless an extension of time is
111 agreed to by the public lodging establishment and guest prior to
112 checkout; who, in the case of a public food service
113 establishment, fails to make payment for food, beverages, or
114 services; or who, in the opinion of the operator, is a person
115 the continued entertainment of whom would be detrimental to such
116 establishment. The admission to, or the removal from, such
117 establishment shall not be based upon race, creed, color, sex,
118 physical disability, or national origin.
119 (2) The operator of any public lodging establishment or
120 public food service establishment shall notify such guest that
121 the establishment no longer desires to entertain the guest and
122 shall request that such guest immediately depart from the
123 establishment. Such notice may be given orally or in writing.
124 The notice is effective upon the operator’s delivery of the
125 notice, whether in person, via a telephonic or electronic
126 communications medium using the contact information provided by
127 the guest, or, with respect to a public lodging establishment,
128 upon delivery to the guest’s lodging unit. If the notice is in
129 writing, it shall be as follows:
130
131 “You are hereby notified that this establishment no longer
132 desires to entertain you as its guest, and you are requested to
133 leave at once. To remain after receipt of this notice is a
134 misdemeanor under the laws of this state.”
135
136 If such guest has paid in advance, the establishment shall, at
137 the time such notice is given, tender to such guest the unused
138 portion of the advance payment; however, the establishment may
139 withhold payment for each full day that the guest has been
140 entertained at the establishment for any portion of the 24-hour
141 period of such day.
142 (3) Any guest who remains or attempts to remain in any such
143 establishment after the operator’s request to depart pursuant to
144 subsection (2) being requested to leave is guilty of a
145 misdemeanor of the second degree, punishable as provided in s.
146 775.082 or s. 775.083.
147 (4) If any guest remains person is illegally on the
148 premises of any public lodging establishment or public food
149 service establishment after the operator’s request to depart
150 pursuant to subsection (2), the operator of such establishment
151 may call upon any law enforcement officer of this state for
152 assistance. It is the duty of such law enforcement officer, upon
153 the request of such operator, to remove place under arrest and
154 take into custody for violation of this section any guest who
155 remains on the premises of such an establishment after the
156 operator’s request to depart pursuant to subsection (2).
157 (5) A law enforcement officer may place under arrest and
158 take into custody any guest who violates subsection (3) in the
159 presence of the officer. If a warrant has been issued by the
160 proper judicial officer for the arrest of any violator of
161 subsection (3), the officer shall serve the warrant, arrest the
162 person, and take the person into custody. Upon arrest, with or
163 without warrant, the guest will be deemed to have given up any
164 right to occupancy or to have abandoned such right of occupancy
165 of the premises, and the operator of the establishment may then
166 make such premises available to other guests. However, the
167 operator of the establishment shall employ all reasonable and
168 proper means to care for any personal property which may be left
169 on the premises by such guest and shall refund any unused
170 portion of moneys paid by such guest for the occupancy of such
171 premises.
172 Section 3. For the purpose of incorporating the amendment
173 made by this act to section 509.013, Florida Statutes, in a
174 reference thereto, paragraph (k) of subsection (3) of section
175 196.1978, Florida Statutes, is reenacted to read:
176 196.1978 Affordable housing property exemption.—
177 (3)
178 (k) Property receiving an exemption pursuant to s. 196.1979
179 or units used as a transient public lodging establishment as
180 defined in s. 509.013 are not eligible for this exemption.
181 Section 4. For the purpose of incorporating the amendment
182 made by this act to section 509.013, Florida Statutes, in a
183 reference thereto, paragraph (a) of subsection (1) of section
184 196.199, Florida Statutes, is reenacted to read:
185 196.199 Government property exemption.—
186 (1) Property owned and used by the following governmental
187 units shall be exempt from taxation under the following
188 conditions:
189 (a)1. All property of the United States is exempt from ad
190 valorem taxation, except such property as is subject to tax by
191 this state or any political subdivision thereof or any
192 municipality under any law of the United States.
193 2. Notwithstanding any other provision of law, for purposes
194 of the exemption from ad valorem taxation provided in
195 subparagraph 1., property of the United States includes any
196 leasehold interest of and improvements affixed to land owned by
197 the United States, any branch of the United States Armed Forces,
198 or any agency or quasi-governmental agency of the United States
199 if the leasehold interest and improvements are acquired or
200 constructed and used pursuant to the federal Military Housing
201 Privatization Initiative of 1996, 10 U.S.C. ss. 2871 et seq. As
202 used in this subparagraph, the term “improvements” includes
203 actual housing units and any facilities that are directly
204 related to such housing units, including any housing maintenance
205 facilities, housing rental and management offices, parks and
206 community centers, and recreational facilities. Any leasehold
207 interest and improvements described in this subparagraph,
208 regardless of whether title is held by the United States, shall
209 be construed as being owned by the United States, the applicable
210 branch of the United States Armed Forces, or the applicable
211 agency or quasi-governmental agency of the United States and are
212 exempt from ad valorem taxation without the necessity of an
213 application for exemption being filed or approved by the
214 property appraiser. This subparagraph does not apply to a
215 transient public lodging establishment as defined in s. 509.013
216 and does not affect any existing agreement to provide municipal
217 services by a municipality or county.
218 Section 5. For the purpose of incorporating the amendment
219 made by this act to section 509.013, Florida Statutes, in a
220 reference thereto, paragraph (a) of subsection (1) of section
221 212.031, Florida Statutes, is reenacted to read:
222 212.031 Tax on rental or license fee for use of real
223 property.—
224 (1)(a) It is declared to be the legislative intent that
225 every person is exercising a taxable privilege who engages in
226 the business of renting, leasing, letting, or granting a license
227 for the use of any real property unless such property is:
228 1. Assessed as agricultural property under s. 193.461.
229 2. Used exclusively as dwelling units.
230 3. Property subject to tax on parking, docking, or storage
231 spaces under s. 212.03(6).
232 4. Recreational property or the common elements of a
233 condominium when subject to a lease between the developer or
234 owner thereof and the condominium association in its own right
235 or as agent for the owners of individual condominium units or
236 the owners of individual condominium units. However, only the
237 lease payments on such property shall be exempt from the tax
238 imposed by this chapter, and any other use made by the owner or
239 the condominium association shall be fully taxable under this
240 chapter.
241 5. A public or private street or right-of-way and poles,
242 conduits, fixtures, and similar improvements located on such
243 streets or rights-of-way, occupied or used by a utility or
244 provider of communications services, as defined by s. 202.11,
245 for utility or communications or television purposes. For
246 purposes of this subparagraph, the term “utility” means any
247 person providing utility services as defined in s. 203.012. This
248 exception also applies to property, wherever located, on which
249 the following are placed: towers, antennas, cables, accessory
250 structures, or equipment, not including switching equipment,
251 used in the provision of mobile communications services as
252 defined in s. 202.11. For purposes of this chapter, towers used
253 in the provision of mobile communications services, as defined
254 in s. 202.11, are considered to be fixtures.
255 6. A public street or road which is used for transportation
256 purposes.
257 7. Property used at an airport exclusively for the purpose
258 of aircraft landing or aircraft taxiing or property used by an
259 airline for the purpose of loading or unloading passengers or
260 property onto or from aircraft or for fueling aircraft.
261 8.a. Property used at a port authority, as defined in s.
262 315.02(2), exclusively for the purpose of oceangoing vessels or
263 tugs docking, or such vessels mooring on property used by a port
264 authority for the purpose of loading or unloading passengers or
265 cargo onto or from such a vessel, or property used at a port
266 authority for fueling such vessels, or to the extent that the
267 amount paid for the use of any property at the port is based on
268 the charge for the amount of tonnage actually imported or
269 exported through the port by a tenant.
270 b. The amount charged for the use of any property at the
271 port in excess of the amount charged for tonnage actually
272 imported or exported shall remain subject to tax except as
273 provided in sub-subparagraph a.
274 9. Property used as an integral part of the performance of
275 qualified production services. As used in this subparagraph, the
276 term “qualified production services” means any activity or
277 service performed directly in connection with the production of
278 a qualified motion picture, as defined in s. 212.06(1)(b), and
279 includes:
280 a. Photography, sound and recording, casting, location
281 managing and scouting, shooting, creation of special and optical
282 effects, animation, adaptation (language, media, electronic, or
283 otherwise), technological modifications, computer graphics, set
284 and stage support (such as electricians, lighting designers and
285 operators, greensmen, prop managers and assistants, and grips),
286 wardrobe (design, preparation, and management), hair and makeup
287 (design, production, and application), performing (such as
288 acting, dancing, and playing), designing and executing stunts,
289 coaching, consulting, writing, scoring, composing,
290 choreographing, script supervising, directing, producing,
291 transmitting dailies, dubbing, mixing, editing, cutting,
292 looping, printing, processing, duplicating, storing, and
293 distributing;
294 b. The design, planning, engineering, construction,
295 alteration, repair, and maintenance of real or personal property
296 including stages, sets, props, models, paintings, and facilities
297 principally required for the performance of those services
298 listed in sub-subparagraph a.; and
299 c. Property management services directly related to
300 property used in connection with the services described in sub
301 subparagraphs a. and b.
302
303 This exemption will inure to the taxpayer upon presentation of
304 the certificate of exemption issued to the taxpayer under the
305 provisions of s. 288.1258.
306 10. Leased, subleased, licensed, or rented to a person
307 providing food and drink concessionaire services within the
308 premises of a convention hall, exhibition hall, auditorium,
309 stadium, theater, arena, civic center, performing arts center,
310 publicly owned recreational facility, or any business operated
311 under a permit issued pursuant to chapter 550. A person
312 providing retail concessionaire services involving the sale of
313 food and drink or other tangible personal property within the
314 premises of an airport shall be subject to tax on the rental of
315 real property used for that purpose, but shall not be subject to
316 the tax on any license to use the property. For purposes of this
317 subparagraph, the term “sale” shall not include the leasing of
318 tangible personal property.
319 11. Property occupied pursuant to an instrument calling for
320 payments which the department has declared, in a Technical
321 Assistance Advisement issued on or before March 15, 1993, to be
322 nontaxable pursuant to rule 12A-1.070(19)(c), Florida
323 Administrative Code; provided that this subparagraph shall only
324 apply to property occupied by the same person before and after
325 the execution of the subject instrument and only to those
326 payments made pursuant to such instrument, exclusive of renewals
327 and extensions thereof occurring after March 15, 1993.
328 12. Property used or occupied predominantly for space
329 flight business purposes. As used in this subparagraph, “space
330 flight business” means the manufacturing, processing, or
331 assembly of a space facility, space propulsion system, space
332 vehicle, satellite, or station of any kind possessing the
333 capacity for space flight, as defined by s. 212.02(23), or
334 components thereof, and also means the following activities
335 supporting space flight: vehicle launch activities, flight
336 operations, ground control or ground support, and all
337 administrative activities directly related thereto. Property
338 shall be deemed to be used or occupied predominantly for space
339 flight business purposes if more than 50 percent of the
340 property, or improvements thereon, is used for one or more space
341 flight business purposes. Possession by a landlord, lessor, or
342 licensor of a signed written statement from the tenant, lessee,
343 or licensee claiming the exemption shall relieve the landlord,
344 lessor, or licensor from the responsibility of collecting the
345 tax, and the department shall look solely to the tenant, lessee,
346 or licensee for recovery of such tax if it determines that the
347 exemption was not applicable.
348 13. Rented, leased, subleased, or licensed to a person
349 providing telecommunications, data systems management, or
350 Internet services at a publicly or privately owned convention
351 hall, civic center, or meeting space at a public lodging
352 establishment as defined in s. 509.013. This subparagraph
353 applies only to that portion of the rental, lease, or license
354 payment that is based upon a percentage of sales, revenue
355 sharing, or royalty payments and not based upon a fixed price.
356 This subparagraph is intended to be clarifying and remedial in
357 nature and shall apply retroactively. This subparagraph does not
358 provide a basis for an assessment of any tax not paid, or create
359 a right to a refund of any tax paid, pursuant to this section
360 before July 1, 2010.
361 Section 6. For the purpose of incorporating the amendment
362 made by this act to section 509.013, Florida Statutes, in a
363 reference thereto, subsection (5) of section 404.056, Florida
364 Statutes, is reenacted to read:
365 404.056 Environmental radiation standards and projects;
366 certification of persons performing measurement or mitigation
367 services; mandatory testing; notification on real estate
368 documents; rules.—
369 (5) NOTIFICATION ON REAL ESTATE DOCUMENTS.—Notification
370 shall be provided on at least one document, form, or application
371 executed at the time of, or prior to, contract for sale and
372 purchase of any building or execution of a rental agreement for
373 any building. Such notification shall contain the following
374 language:
375
376 “RADON GAS: Radon is a naturally occurring radioactive gas
377 that, when it has accumulated in a building in sufficient
378 quantities, may present health risks to persons who are exposed
379 to it over time. Levels of radon that exceed federal and state
380 guidelines have been found in buildings in Florida. Additional
381 information regarding radon and radon testing may be obtained
382 from your county health department.”
383
384 The requirements of this subsection do not apply to any
385 residential transient occupancy, as described in s. 509.013(12),
386 provided that such occupancy is 45 days or less in duration.
387 Section 7. For the purpose of incorporating the amendment
388 made by this act to section 509.013, Florida Statutes, in a
389 reference thereto, paragraph (c) of subsection (1) of section
390 413.08, Florida Statutes, is reenacted to read:
391 413.08 Rights and responsibilities of an individual with a
392 disability; use of a service animal; prohibited discrimination
393 in public employment, public accommodations, and housing
394 accommodations; penalties.—
395 (1) As used in this section and s. 413.081, the term:
396 (c) “Public accommodation” means a common carrier,
397 airplane, motor vehicle, railroad train, motor bus, streetcar,
398 boat, or other public conveyance or mode of transportation;
399 hotel; a timeshare that is a transient public lodging
400 establishment as defined in s. 509.013; lodging place; place of
401 public accommodation, amusement, or resort; and other places to
402 which the general public is invited, subject only to the
403 conditions and limitations established by law and applicable
404 alike to all persons. The term does not include air carriers
405 covered by the Air Carrier Access Act of 1986, 49 U.S.C. s.
406 41705, and by regulations adopted by the United States
407 Department of Transportation to implement such act.
408 Section 8. For the purpose of incorporating the amendment
409 made by this act to section 509.013, Florida Statutes, in
410 references thereto, paragraphs (b), (c), and (e) of subsection
411 (14) of section 480.043, Florida Statutes, are reenacted to
412 read:
413 480.043 Massage establishments; requisites; licensure;
414 inspection; human trafficking awareness training and policies.—
415 (14) In order to provide the department and law enforcement
416 agencies the means to more effectively identify persons engaging
417 in human trafficking at massage establishments, the following
418 apply:
419 (b) If there is an outside window or windows into the
420 massage establishment’s reception area, the outside window or
421 windows must allow for at least 35 percent light penetration and
422 no more than 50 percent of the outside window or windows may be
423 obstructed with signage, blinds, curtains, or other
424 obstructions, allowing the public to see the establishment’s
425 reception area. A sign must be posted on the front window of the
426 establishment that includes the name and license number of the
427 massage establishment and the telephone number that has been
428 provided to the department as part of licensure of the
429 establishment. This paragraph does not apply to:
430 1. A massage establishment within a public lodging
431 establishment as defined in s. 509.013(4).
432 2. A massage establishment located within a county or
433 municipality that has an ordinance that prescribes requirements
434 related to business window light penetration or signage
435 limitations if compliance with this paragraph would result in
436 noncompliance with such ordinance.
437 (c) All employees within the massage establishment must be
438 fully clothed, and such clothing must be fully opaque and made
439 of nontransparent material that does not expose the employee’s
440 genitalia. This requirement does not apply to an employee,
441 excluding a massage therapist, of a public lodging
442 establishment, as defined in s. 509.013(4), that is licensed as
443 a clothing-optional establishment and chartered with the
444 American Association for Nude Recreation.
445 (e) A massage establishment must conspicuously display a 2
446 inch by 2 inch photo for each employee, which, for massage
447 therapists, must be attached to the massage therapist’s license.
448 Such display must also include the employee’s full legal name
449 and employment position. All information required under this
450 paragraph must be displayed before the employee may provide any
451 service or treatment to a client or patient. A massage
452 establishment within a public lodging establishment as defined
453 in s. 509.013(4) may satisfy this requirement by displaying the
454 photos and required information in an employee break room or
455 other room that is used by employees, but is not used by clients
456 or patients.
457 Section 9. For the purpose of incorporating the amendment
458 made by this act to section 509.013, Florida Statutes, in a
459 reference thereto, paragraph (b) of subsection (5) of section
460 559.955, Florida Statutes, is reenacted to read:
461 559.955 Home-based businesses; local government
462 restrictions.—
463 (5) The application of this section does not supersede:
464 (b) Local laws, ordinances, or regulations related to
465 transient public lodging establishments, as defined in s.
466 509.013(4)(a)1., that are not otherwise preempted under chapter
467 509.
468 Section 10. For the purpose of incorporating the amendment
469 made by this act to section 509.141, Florida Statutes, in a
470 reference thereto, subsection (14) of section 721.13, Florida
471 Statutes, is reenacted to read:
472 721.13 Management.—
473 (14) With regard to any timeshare project as defined in s.
474 509.242(1)(g), the managing entity or manager has all of the
475 rights and remedies of an operator of any public lodging
476 establishment or public food service establishment as set forth
477 in ss. 509.141-509.143, and 509.162 and is entitled to have a
478 law enforcement officer take any action, including arrest or
479 removal from the timeshare property, against any purchaser,
480 including a deeded owner, or guest or invitee of such purchaser
481 or owner who engages in conduct described in s. 509.141, s.
482 509.142, s. 509.143, or s. 509.162 or conduct in violation of
483 the timeshare instrument.
484 Section 11. This act shall take effect July 1, 2025.