(1) The division or an agent of the division, upon ascertaining by inspection that any public lodging establishment or public food service establishment is being operated contrary to the provisions of this chapter, shall make complaint and cause the arrest of the violator, and the state attorney, upon request of the division or agent, shall prepare all necessary papers and conduct the prosecution. The division shall proceed in the courts by mandamus or injunction whenever such proceedings may be necessary to the proper enforcement of the provisions of this chapter, of the rules adopted pursuant hereto, or of orders of the division.
(2) Any operator who obstructs or hinders any agent of the division in the proper discharge of the agent’s duties; who fails, neglects, or refuses to obtain a license or pay the license fee required by law; or who fails or refuses to perform any duty imposed upon it by law or rule is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. Each day that such establishment is operated in violation of law or rule is a separate offense.
History.—s. 11, ch. 6952, 1915; RGS 2131; CGL 3360; s. 9, ch. 29821, 1955; ss. 16, 35, ch. 69-106; s. 481, ch. 71-136; s. 21, ch. 73-325; s. 26, ch. 73-334; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 23, 39, 42, ch. 79-240; ss. 3, 4, ch. 81-161; ss. 2, 3, ch. 81-318; ss. 30, 51, 52, ch. 90-339; s. 4, ch. 91-429; s. 673, ch. 97-103.
Note.—Former s. 511.12.
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.