Policy Text
1 (08/28 /2017 ) ST. PETERSBURG POLICE DEPARTMENT
INSTRUCTIONAL ORDER
Subject: TRANSIENT GUESTS, CHAPTER 509 F.S.S.
Index as: Guest Operator Transient Establishment
Landlord Tenants Public Lodging Establishments Transient Occupancy
Lockout Complaints Transient Transient Tenants/Guests
Accreditation Standards:
Cross Reference: §83.54, F.S.S. §509.013, F.S.S. §509.092, F.S.S. §509.101, §509.141, §509.201, §509.401 ,
F.S.S.
Replaces : I.O. V.5:15 Chapter 509, FSS. Enforcement Guidelines (August 1984)
This Order consists of the following sections:
I. Purpose
II. Definitions
III. Rights of Establishment and Operator
IV. Scenario
V. Enforcement Guidelines
I. PURPOSE
The purpose of this Order is to establish guidelines for fulfilling the statutory duties of Law Enforcement Officer s relating to
public lodging establishments. Effective enforcement requires recognition of the rights of operators of public lodging
establishments while insuring that the ejection/arrest procedures under §509.141, F.S.S., relating to transient occupants,
are not used to circumvent the procedural requirements of Florida’s Residential Landlord and Tenant Act.
II. DEFINITIONS
A. Guest – Any patron, customer, tenant, lodger, boarder, or occupant of a public lodging establishment or public fo od
service establishment, §509.013(3) , F.S.S.
B. Operator –The owner, licensee, proprietor, lessee, manager, assistant manager, or appointed agent of a public
lodging establishment, §509.013(2) , F.S.S.
C. Public Lodging Establishment – Any unit, group of units, dwelling, building, or group of buildings within a single
complex of buildings, which is rented to guests more than three times in a calendar year f or periods of less than thirty ( 30)
days or one ( 1) calendar month, whichever is less, or which is advertised or held out to the public as a place regularly rented
to guests. It does not include :
1. Public/private school/college dormitories;
2. Hospital, nursing home, sanitarium, or assisted living facility;
DATE OF
ISSUE EFFECTIVE DATE NUMBER
August 2017 Immediately V.5:15
Distribution: All Employees
Instructional Order V.5:15
2 (08/08 /2017 ) 3. Any place renting four ( 4) units or less unless specifically held out to the public as being regularly rented to
guests; condominium or timeshare units; migrant labor camp/housing; or
4. Any establi shment inspected by , §509.013(4) , F.S.S.
D. Transient – A guest in transient occupancy , §509.013(12) , F.S.S.
E. Transient Establishment – Any public lodging establishment that is rented or leased to guests by an operator whose
intention is that such guests’ oc cupancy will be temporary, §509.013(10) , F.S.S.
F. Transient Occupancy – Occupancy when it is the intention of the parties that the occupancy will be temporary.
There is a rebuttal presumption that when the dwelling unit occupied is the sole residence of the guest, the occupancy is
non-transient . There is a rebuttal presumptio n that, when the dwelling unit occupied is not the sole residence of the guest,
the occupancy is transient , §509.013(11) , F.S.S.
III. RIGHTS OF ESTABLISHMENT AND OPERATOR
A. Public lodging establishments are private enterprises and the operator has the right to refuse accommodations or
services to any person who is objectionable or undesirable to the operator, but such refusal may not be based upon race,
creed, color, sex, physical disabi lity, or national origin, §509.092 , F.S.S.
B. The operator of any public lodging establishment may remove or cause to be removed from the establishment any
guest who, while on the premises:
1. Illegally possesses or deals in c ontrolled substances; or
2. Is intoxicated, profane, lewd or brawling; or
3. Indulges in any language or conduct which disturbs the peace and comfort of other guests or which injures the
reputation, dignity, or standing of the establishment; or
4. Fails to make payment of rent at the agreed upon rate by the agreed upon checkout time; or
5. Fails to check out by the time agreed upon; or
6. Who, in the opinion of the operator , is a person the continued entertainment of whom would be detrimental to
such establishment.
C. In order to remove or cause a transient guest to be removed, the operator of a public lodging facility is required to
compl y with the requirements of §509.141 , F.S.S . Those requirements and the procedure to be followed are described in
this Order .
D. Any guest who remains or attempts to remain in any such establishment after being requested to leave is guilty of
a misdemea nor of the second degree, §509.141(3) , F.S.S.
1. However, since the statute declares it to be a misdemeanor for any undesirable guest to refuse to vacate
premises after being ordered to immediately do so by the owner, the statute is penal in nature and must be strictly construed