Florida Statutes 509.405 – Complaint; requirements
Current as of: 2023 | Check for updates
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Terms Used In Florida Statutes 509.405
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Guest: means any patron, customer, tenant, lodger, boarder, or occupant of a public lodging establishment or public food service establishment. See Florida Statutes 509.013
- Lien: A claim against real or personal property in satisfaction of a debt.
- Operator: means the owner, licensee, proprietor, lessee, manager, assistant manager, or appointed agent of a public lodging establishment or public food service establishment. See Florida Statutes 509.013
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Public lodging establishment: includes a transient public lodging establishment as defined in subparagraph 1. See Florida Statutes 509.013
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
To obtain an order authorizing the issuance of a writ of distress upon final judgment, the operator must first file with the clerk of the court a complaint reciting and showing the following information:
(1) A statement as to the amount of the guest‘s account at the public lodging establishment.
(2) A statement that the plaintiff is the operator of the public lodging establishment in which the guest has an outstanding account. If the operator’s interest in such account is based on written documents, a copy of such documents shall be attached to the complaint.
(3) A statement that the operator has reasonably attempted to obtain payment from the guest for an outstanding account, either by confronting the guest or by a lockout pursuant to s. 509.401, and that the guest has failed to make any payment or that the guest has vacated the premises without paying the outstanding account.
(4) A statement that the account is outstanding and unpaid by the guest; a statement of the services provided to the guest for which the outstanding account was accumulated; and the cause of such nonpayment according to the best knowledge, information, and belief of the operator.
(5) A statement as to what property the operator is requesting levy against, including the inventory conducted as prescribed by s. 509.402 if the operator has recovered the premises, and the authority under which the operator has a lien against such property.
(6) A statement, to the best of the operator’s knowledge, that the claimed property has not been taken for a tax, assessment, or fine pursuant to law or taken under an execution or attachment by order of any court.