(1) An operator may take a person into custody and detain that person in a reasonable manner and for a reasonable time if the operator has probable cause to believe that the person was engaging in disorderly conduct in violation of s. 877.03 on the premises of the licensed establishment and that such conduct was creating a threat to the life or safety of the person or others. The operator shall call a law enforcement officer to the scene immediately after detaining a person under this subsection.
(2) A law enforcement officer may arrest, either on or off the premises of the licensed establishment and without a warrant, any person the officer has probable cause to believe violated s. 877.03 on the premises of a licensed establishment and, in the course of such violation, created a threat to the life or safety of the person or others.
(3) An operator or a law enforcement officer who detains a person under subsection (1) or makes an arrest under subsection (2) is not civilly or criminally liable for false arrest, false imprisonment, or unlawful detention on the basis of any action taken in compliance with subsection (1) or subsection (2).
(4) A person who resists the reasonable efforts of an operator or a law enforcement officer to detain or arrest that person in accordance with this section is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, unless the person did not know or did not have reason to know that the person seeking to make such detention or arrest was the operator of the establishment or a law enforcement officer.
History.—s. 1, ch. 86-174; ss. 14, 52, ch. 90-339; s. 4, ch. 91-429.
Structure Florida Statutes
Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations
Chapter 509 - Lodging and Food Service Establishments; Membership Campgrounds
Part I - Public Lodging and Public Food Service Establishments (Ss. 509.013-509.417)
509.035 - Immediate closure due to severe public health threat.
509.036 - Public food service inspector standardization.
509.039 - Food service manager certification.
509.049 - Food service employee training.
509.072 - Hotel and Restaurant Trust Fund; collection and disposition of moneys received.
509.091 - Notices; form and service.
509.098 - Prohibition of hourly rates.
509.102 - Mobile food dispensing vehicles; preemption.
509.111 - Liability for property of guests.
509.142 - Conduct on premises; refusal of service.
509.144 - Prohibited handbill distribution in a public lodging establishment; penalties.
509.151 - Obtaining food or lodging with intent to defraud; penalty.
509.161 - Rules of evidence in prosecutions.
509.162 - Theft of personal property; detaining and arrest of violator; theft by employee.
509.2015 - Telephone surcharges by public lodging establishments.
509.2112 - Public lodging establishments three stories or more in height; inspection rules.
509.213 - Emergency first aid to choking victims.
509.214 - Notification of automatic gratuity charge.
509.2151 - Dining facility firesafety requirement limitation.
509.221 - Sanitary regulations.
509.232 - School carnivals and fairs; exemption from certain food service regulations.
509.241 - Licenses required; exceptions.
509.242 - Public lodging establishments; classifications.
509.261 - Revocation or suspension of licenses; fines; procedure.
509.271 - Prerequisite for issuance of municipal or county occupational license.
509.281 - Prosecution for violation; duty of state attorney; penalties.
509.285 - Enforcement; city and county officers to assist.
509.292 - Misrepresenting food or food product; penalty.
509.302 - Hospitality Education Program.
509.4005 - Applicability of ss. 509.401-509.417.
509.401 - Operator’s right to lockout.
509.402 - Operator’s right to recover premises.
509.403 - Operator’s writ of distress.
509.404 - Writ of distress; venue and jurisdiction.
509.405 - Complaint; requirements.
509.406 - Prejudgment writ of distress.
509.407 - Writ of distress; levy of writ.
509.408 - Prejudgment writ; form; return.
509.411 - Exemptions from writ of distress.
509.412 - Writ; claims by third persons.
509.413 - Judgment for plaintiff when goods not delivered to defendant.
509.414 - Judgment for plaintiff when goods retained by or redelivered to defendant.
509.415 - Judgment for defendant when goods are retained by or redelivered to the defendant.
509.416 - Judgment for defendant when goods are not retained by or redelivered to the defendant.