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The Florida Statutes

The 2008 Florida Statutes

Title XXXIII
REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS
Chapter 509
LODGING AND FOOD SERVICE ESTABLISHMENTS; MEMBERSHIP CAMPGROUNDS
View Entire Chapter
Section 509.201, Florida Statutes 2008

509.201  Room rates; posting; advertising; penalties.--

(1)  In each public lodging establishment renting by the day or week there shall be posted in a plainly legible fashion, in a conspicuous place in each rental unit, the rates at which each such unit is rented. Such posting shall show the maximum amount charged for occupancy per person; the amount charged for extra conveniences, more complete accommodations, or additional furnishings; and the dates during the year when such charges prevail. Copies of the posted rate schedules for all similar rental units in each establishment shall be filed with the division at least 5 days before such rates are to become effective and shall be kept current. The rates posted in the rental units may not exceed those on file with the division, and an establishment may not charge more than the rates posted in the rental units and filed with the division.

(2)(a)  A person may not display or cause to be displayed any sign which may be seen from a public highway or street, which sign includes a statement or numbers relating to the rates charged at a public lodging establishment renting by the day or week, unless such sign includes, in letters and figures of similar size and prominence, the following information: the number of rental units in the establishment and the rates charged for each, whether the rates quoted are for single or multiple occupancy if such fact affects the rate charged, and the dates during which such rates are in effect. In each instance the rates charged may not exceed those filed with the division. A sign may not be displayed which includes a statement or numbers which appear to relate to the rate charged at a public lodging establishment when in fact the statement or numbers do not relate to such rates.

(b)  A person may not publish or cause to be published any advertisement, other than those referred to in paragraph (a), which includes a statement or numbers relating to rates charged at a public lodging establishment renting by the day or week unless such advertisement includes, in letters or figures immediately adjacent to said rate, a statement as to whether the rates quoted are for single or multiple occupancy if such fact affects the rates charged. Any such advertisement shall also include the dates during which such rates are in effect, an indication as to whether there are other rates in effect in the establishment, and, in the event the number of rental units in the establishment at the advertised rate is limited, the advertisement shall include a phone number to verify availability. The advertised rate in each instance may not exceed those filed for such units with the division. For any such advertisement, the type size of the required additional information may not be smaller than one-twelfth of the size of the rate figures advertised or equal to the type size used in the body of the advertisement, whichever is larger. The requirements of this paragraph apply to any type of display advertisement, regardless of whether it is printed in a magazine, newspaper, or other similar publication.

(c)  The provisions of paragraph (b) do not apply to advertisements or listings in guides or directories which are published by nonprofit organizations or associations or to advertisements of a classified nature placed in the classified section of newspapers and other similar publications.

(d)  An advertisement may not be published that contains false or misleading statements about any public lodging establishment.

(3)  Any operator of any public lodging establishment who violates, or causes to be violated, any of the provisions of this section is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. In addition to the criminal penalty, the license of any public lodging establishment may be suspended or revoked by the division, or the division may impose fines on the licensee, in accordance with the provisions of s. 509.261, when the operator of such establishment is determined by the division to have violated any provision of this section. It is not necessary that the offender be convicted of violating this section as a condition precedent to the suspension or revocation of such license or the imposition of a civil penalty by the division.

(4)  Subsection (1) and paragraphs (a), (b), and (c) of subsection (2) do not apply to any facility or unit classified as a resort condominium, nontransient apartment, or resort dwelling as described in s. 509.242(1)(c), (d), and (g).

History.--ss. 1-4, 6, ch. 26907, 1951; s. 1, ch. 29822, 1955; s. 6, ch. 57-389; ss. 16, 35, ch. 69-106; s. 477, ch. 71-136; s. 16, ch. 73-325; s. 1, ch. 74-347; s. 3, ch. 76-168; s. 1, ch. 77-174; s. 1, ch. 77-457; s. 9, ch. 78-95; ss. 15, 39, 42, ch. 79-240; ss. 3, 4, ch. 81-161; ss. 2, 3, ch. 81-318; ss. 18, 51, 52, ch. 90-339; s. 5, ch. 91-40; s. 4, ch. 91-429; s. 7, ch. 93-53; s. 3, ch. 98-275.

Note.--Former s. 511.45.

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