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: 40 509.013Definitions.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 guests 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 guests 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 guests 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 guests 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: 93 509.141Refusal 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 operators 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 guests 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 operators 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 operators 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 operators 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: 176 196.1978Affordable 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: 185 196.199Government 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: 222 212.031Tax 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: 365 404.056Environmental 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: 391 413.08Rights 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: 413 480.043Massage 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 establishments 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 establishments 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 employees 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 therapists license. 448 Such display must also include the employees 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: 461 559.955Home-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: 472 721.13Management. 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.