Transient Occupancy Legislation
In 2025 the Florida legislature passed SB 606, legislation that strengthens the rights of hotels and lodging operators when dealing with guests that are uncooperative or not paying their bills.
Summary:
- Clarifies the language in current law that a guest’s stay at a hotel or other public lodging establishment is considered transient unless a written agreement states it is the guest’s sole residence.
- Prevents hotel guests who are not paying from being able to claim residency, which previously forced the hotel operator to go through the traditional eviction processes for permanent housing.
- Provides a defined process for notifying and removing non-paying guests from the premises.
- Becomes effective on July 1st, 2025.
Key Definitions:
- “Transient public lodging establishment” means 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 for periods of less than 30 consecutive days or which is advertised or held out to the public as a place regularly rented to guests for periods of less than 30 consecutive days.
- “Nontransient public lodging establishment” means any unit, group of units, dwelling, building, or group of buildings within a single complex of buildings which is rented to guests for periods of at least 30 consecutive days or which is advertised or held out to the public as a place regularly rented to guests for periods of at least 30 consecutive days.
- “Transient establishment” means any public lodging establishment that is rented or leased to guests by an operator for transient occupancy.
- “Nontransient establishment” means any public lodging establishment that is rented or leased to guests by an operator for nontransient occupancy.
- “Transient occupancy” means occupancy that is temporary. The term includes the occupancy of a dwelling unit at a hotel, motel, vacation rental, bed and breakfast inn, or timeshare project unless a written rental or lease agreement expressly states that the dwelling unit is the sole residence of the guest.
- “Nontransient occupancy” means occupancy that is not temporary. The term does not include the occupancy of a dwelling unit at a hotel, motel, vacation rental, bed and breakfast inn, or timeshare project unless a written rental or lease agreement expressly states that the dwelling unit is the sole residence of the guest.
Requirements:
- An operator of a public lodging establishment that requests that a guest immediately depart due to the guest’s failure to check out or pay for the dwelling unit by check-out time must provide the notice in writing via e-mail, text message, or printed paper. The notice is effective upon delivery, whether notice is provided in person or by telephone or e-mail, using the contact information provided by the guest, or, with respect to a public lodging establishment, upon delivery to the guest’s dwelling unit.
- The notice must read: “You are hereby notified that this establishment no longer desires to entertain you as its guest, and you are requested to leave at once. To remain after receipt of this notice is a misdemeanor under the laws of this state.”
- If a guest remains on the premises of a public lodging establishment or public food service establishment after a request by the operator to depart, the operator of such establishment may call upon a law enforcement officer of this state for assistance. It is the duty of the law enforcement officer, upon the request of the operator, to remove a guest who remains on the premises of such an establishment after a request by the operator to depart. A law enforcement officer may place under arrest and take into custody a guest who refuses to depart.
Additional Information: