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 mayshallnot 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.