Chad Johnson’s private property owners’ rights bill advances

The House Industries & Professional Activities Subcommittee has advanced a bill that aims to give additional options for business owners to evict guests if they refuse to pay for their accommodation.

Newberry Republican Rep. Chad Johnson introduced the legislation (HB 535) that seeks to clarify circumstances under which guests who have not paid their bills may be removed from a hotel or motel — also known as public lodging establishments — while giving law enforcement discretion regarding the decision to arrest a noncompliant occupant.

“Private lodging establishment operators are currently permitted by statute to promptly remove non-paying guests upon giving the guest proper notice,” Johnson explained. “Because the language of the statute isn’t clear, a public lodging establishment owner may be unable to remove a non-paying guest when the guest claims the lodging establishment is their sole residence.”

Johnson noted that because of this reason, establishment owners are forced to go through the landlord/tenant process in statutes, despite temporary or transient accommodation — which is a stay of less than 30 days, while non-transient is longer — being excluded from the requirements and procedures of the statutes.

“This can be a lengthy process and puts a significant financial burden on the public lodging establishment,” Johnson said. “This bill simplifies the definition of transient and non-transient occupancy, and it helps public lodging establishment operators, and their guests better understand the difference between being a guest and being a tenant.”

The measure would expand the permitted means of delivering the statutorily required notice, allowing delivery by text or email. Johnson added that the intent is to clarify the law on transient occupancy and to protect the rights of private property owners.

Orlando Democratic Rep. Anna Eskamani raised concerns over how the bill would affect vulnerable families who are currently using public lodging as their primary residence. In response, Johnson reiterated that the measure is geared towards fixing issues around private property rights, and noted that it is not the responsibility of business owners to fix homelessness.

“This is a private property owners’ issue,” Johnson said. “I don’t think that we as a state need to burden private property owners with an issue of homelessness on our constituents and people who are working in the community. This also identifies transient versus non-transient and is specifically targeted to give that person an opportunity to correct the situation. And the thing that I greatly appreciate: This bill, it makes it a non-misdemeanor offense.”

Johnson added that the measure would give occupants the opportunity to rectify the situation, while not putting an unnecessary burden on law enforcement or compounding a situation by criminalizing it.

“So, if they are asked to remove for not paying their bill, we’re not putting the burden on law enforcement to charge them with a misdemeanor,” Johnson said. “We are giving them the opportunity to simply vacate the property since they have not paid. I’m sympathetic to the situation, but I felt like this is an agreeable response from the standpoint that we’re not criminalizing them.”

An amendment was adopted that states that the occupancy of a transient public lodging establishment, hotel or motel is temporary unless there is a written rental or lease agreement. The amendment was adopted.

The bill was passed 13-3 and will now go to the House Criminal Justice Subcommittee.