Florida SB 606: New 2025 Laws for Hotels & Vacation Rentals
Senate Bill 606, signed into law by Governor DeSantis and effective July 1, 2025, makes significant changes to Florida’s regulation of public lodging establishments, including how transient occupancy is defined and how guests can be removed.
Key Changes in Florida’s Lodging Laws Effective July 2025:
- Transient vs. Nontransient: Florida’s New Legal Definitions
- Clarifies the definitions of “transient” and “nontransient” public lodging establishments based on whether a guest’s stay is intended to be temporary.
- Establishes rebuttable presumptions: If a unit is not a guest’s sole residence, it’s presumed to be transient. If it is the sole residence, it’s presumed to be nontransient. Written agreements between the parties help to make this clear when the transient rents the unit.
- New Ejection Powers for Florida Lodging Operators
- Grants operators of public lodging/food establishments clearer authority to remove guests for behavior such as failure to pay, intoxication, lewd behavior, or disturbing other guests.
- Requires written notice (email, text, or paper) if a guest is removed for non-payment or failing to check out.
- Clarifies that remaining after being asked to leave is a second-degree misdemeanor.
- Allows law enforcement to arrest non-compliant guests and enables the operator to make the room available to other guests afterward.
How SB 606 Affects Your Florida Lodging Business
Florida Senate Bill 606, signed into law on June 2, 2025, brings important updates for hotels, and vacation rentals statewide. With a focus on transparency, consumer protection, and clearer enforcement authority, this new law is poised to impact how businesses interact with guests and present charges.
1. Classifying Guests: The Sole Residence Presumption
SB 606 refines the legal distinction between transient and nontransient occupancy. The law clarifies that a stay is considered transient unless the unit is the guest’s sole residence—in which case it’s presumed to be nontransient. This distinction affects how landlords and operators handle evictions, taxes, and licensure.
Amended language helps to clarify “transient” versus “nontransient”. F.S. 509.013(1) now states,
“‘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, as defined in s.509.242, unless a written rental or lease agreement expressly states that the dwelling unit is the sole residence of the guest.”
In other words, a guest at a transient-type unit is presumed “temporary” unless there is a written agreement between the parties stating otherwise. This is helpful for property owners and managers when it comes to removing guests who violate rules or don’t pay.
2. Step-by-Step Guide to Legally Removing a Problem Guest
Operators of hotels can now rely on a streamlined procedure to remove guests who don’t pay, cause disturbances, or behave unlawfully. If a guest fails to check out or pay on time, a written notice (via email, text, or paper) is now required. If the guest refuses to leave, law enforcement can be called to arrest them for trespassing, classified as a second-degree misdemeanor. This law provides operators stronger legal footing to manage guest misconduct, while requiring reasonable care for any property left behind.
Protect Your Business: Review Policies for SB 606 Compliance
Lodging service operators should have an attorney review and revise their rental agreements, guest notices to comply with and take advantage of the changes brought by SB 606. These changes not only protect businesses legally but also foster greater transparency and fairness for customers.