"Self-extenders" ruining the magic

[flzman89 3]

Hi Fiends!  This is my first post.   I've been lurking here for about a year, and always thought I should join, but since I don't camp, I don't usually have a lot to offer.  ( I do visit the Fort every trip, though.. ever since Minnie Moo was there)

Now, I have a bit of information concerning Florida rental laws as they pertain to hotels,  and I think campsites might fall into the same boat, since they are rented out as occupied spaces on a daily basis.  

Basically, once a guest has paid for and taken occupancy in a hotel room,  that room is theirs under standard rental laws.   As long as they continue to pay the going rate,  they may stay for as long as they desire.  Now,  a hotel has the ability to charge MORE for unexpected stays, if they wish, but no more than the maximum daily rate that is posted to the state of Florida.   This is to prevent hoteliers from gouging during peak times,  or during a hurricane crisis.    New rates have to be posted every year.  I would bet that if you check the Fort's check in station,  there is a small posted 'Maximum daily rate' form, somewhere.  

I used to fill out those forms for my hotel chain, and Florida had laws about how high a rate you could legally charge, too. ( if I remember, it was no more than 3 times the standard daily rate for the season.)  Yes, you can change the standard rate by season,  and generally, we posted the 'standard' rate as the highest rate we would charge for the season.  Then, guests would see the 'standard' rate in the room, and think they were getting a great deal. 

So,  if a guest refuses to leave,  you can increase their rate to the legal maximum.   As long as they pay it, there is nothing the hotel can do to make them leave.   If they choose not to pay the rate,  or try to pay the same rate they booked at,  you can start eviction proceedings.   But, as you know,  evictions require about a month to even get to court.

 

This isn't completely true in Florida. Florida State Statue 509.141 says:

(1) "The operator of any public lodging establishment or public food service establishment may remove or cause to be removed from such establishment, in the manner hereinafter provided, any guest who"..."fails to check out by the time agreed upon in writing by the guest and public lodging establishment at check-in unless an extension of time is agreed to by the public lodging establishment and guest prior to checkout;"

(2) The operator of any public lodging establishment or public food service establishment shall notify such guest that the establishment no longer desires to entertain the guest and shall request that such guest immediately depart from the establishment. Such notice may be given orally or in writing. If the notice is in writing, it shall be as follows:

“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 such guest has paid in advance, the establishment shall, at the time such notice is given, tender to such guest the unused portion of the advance payment; however, the establishment may withhold payment for each full day that the guest has been entertained at the establishment for any portion of the 24-hour period of such day.

(3) Any guest who remains or attempts to remain in any such establishment after being requested to leave is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(4) If any person is illegally on the premises of any public lodging establishment or public food service establishment, the operator of such establishment may call upon any law enforcement officer of this state for assistance. It is the duty of such law enforcement officer, upon the request of such operator, to place under arrest and take into custody for violation of this section any guest who violates subsection (3) in the presence of the officer. If a warrant has been issued by the proper judicial officer for the arrest of any violator of subsection (3), the officer shall serve the warrant, arrest the person, and take the person into custody. Upon arrest, with or without warrant, the guest will be deemed to have given up any right to occupancy or to have abandoned such right of occupancy of the premises, and the operator of the establishment may then make such premises available to other guests. However, the operator of the establishment shall employ all reasonable and proper means to care for any personal property which may be left on the premises by such guest and shall refund any unused portion of moneys paid by such guest for the occupancy of such premises.

Basically as long as the facility is licensed as a lodging establishment and not a residential facility such as an apartment complex eviction laws don't apply. The lodging establishment just has to find one small portion of section 1 you violated and then immediately ask you to leave, if you don't law enforcement can remove or arrest you. Section 4 says once your arrested "the guest will be deemed to have given up any right to occupancy or to have abandoned such right of occupancy of the premises, and the operator of the establishment may then make such premises available to other guests."

I always assumed this is the reason Disney requires you "check-out" every 30 days even if you realistically live at the fort. It prevents you from establishing residency at Disney and keeps the logistics of eviction simple under temporary lodging laws instead of residency laws.

http://www.flsenate.gov/Laws/Statutes/2011/509.141

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[Roberta 42]

On 11/19/2016 at 9:34 AM, CCIntrigue...aka Gwen said:

Yes there is, Roberta.  She's a friend of mine.

This would be my #1 choice of a retirement home. How awesome!