The 2023 Florida Statutes (including Special Session C)

Title XXXIII
REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS

Chapter 509
LODGING AND FOOD SERVICE ESTABLISHMENTS; MEMBERSHIP CAMPGROUNDS

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F.S. 509.151

509.151 Obtaining food or lodging with intent to defraud; penalty.—

(1) Any person who obtains food, lodging, or other accommodations having a value of less than $1,000 at any public food service establishment, or at any transient establishment, with intent to defraud the operator thereof, commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083; if such food, lodging, or other accommodations have a value of $1,000 or more, such person commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(2) This section does not apply where there has been an agreement in writing for delay in payments. This section shall not be used to circumvent the procedural requirements of the Florida Residential Landlord and Tenant Act.

History.—ss. 1-3, ch. 6954, 1915; RGS 5157; CGL 7260; s. 45, ch. 16042, 1933; CGL 1936 Supp. 7260; s. 1, ch. 63-546; s. 474, ch. 71-136; s. 10, ch. 73-325; s. 1, ch. 74-314; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 11, 39, 42, ch. 79-240; ss. 3, 4, ch. 81-161; ss. 2, 3, ch. 81-318; ss. 15, 51, 52, ch. 90-339; s. 4, ch. 91-429; s. 6, ch. 93-53; s. 22, ch. 2019-167.

Note.—Former s. 511.38.

F.S. 509.151 on Google Scholar

F.S. 509.151 on Casetext

Amendments to 509.151

Arrestable Offenses / Crimes under Fla. Stat. 509.151

Level: Degree
Misdemeanor/Felony: First/Second/Third

S509.151 - FRAUD-SWINDLE - RENUMBERED. SEE REC # 8769 - F: T

S509.151 - FRAUD-SWINDLE - RENUMBERED. SEE REC # 8768 - M: S

S509.151 1 - FRAUD-SWINDLE - DEFRAUD OPERATOR FOOD LODGING ACCOM LT 1K DOLS - M: S

S509.151 1 - FRAUD-SWINDLE - DEFRAUD OPERATOR FOOD LODGING ACCOM 1K OR MORE - F: T

Annotations, Discussions, Cases:

Cases from cite.case.law:

STATE v. RYGWELSKI,, 899 So. 2d 498 (Fla. Dist. Ct. App. 2005)

. . . Section 509.151 prohibited obtaining lodging with the intent to defraud. . . .

UNITED STATES v. WAI- KEUNG, Li, 845 F. Supp. 1548 (S.D. Fla. 1994)

. . . . § 509.151 (West 1988). . . .

LASHLEY, v. BOWMAN,, 561 So. 2d 406 (Fla. Dist. Ct. App. 1990)

. . . . §§ 509.151, 509.161, Florida Statutes (1987). . . .

In J. C. B. a v. STATE, 512 So. 2d 1073 (Fla. Dist. Ct. App. 1987)

. . . See § 509.151, Florida Statutes (obtaining food or lodging through fraud) and § 806.13, Florida Statutes . . . amount exceeds $100, it is a third degree felony and the penalty increases to 5 years imprisonment. § 509.151 . . .

MICHUTKA, v. STATE, 506 So. 2d 1 (Fla. Dist. Ct. App. 1986)

. . . . §§ 509.151(1) and 812.014, Fla.Stat. (1983). . . . Section 509.151(1) provides that if the value of the food or lodging obtained by fraud is worth $100 . . . An information which fails to allege the value of the goods obtained by fraud pursuant to § 509.151 charges . . . Because Michut-ka was not charged with a felony under § 509.151 he cannot be convicted of or sentenced . . .

MICHUTKA, v. STATE, 478 So. 2d 868 (Fla. Dist. Ct. App. 1985)

. . . Appellant appeals his convictions after trial by jury of defrauding an innkeeper, in violation of section 509.151 . . . For example, section 817.481 requires proof of improper use of a credit card, whereas section 509.151 . . . Section 509.151 requires a showing that the defendant obtained food, lodging or other accommodations . . . type of crime in which one obtains credit or goods through improper use of a credit card, and section 509.151 . . .

T. HINSON, v. STATE, 436 So. 2d 437 (Fla. Dist. Ct. App. 1983)

. . . Defendant was convicted and sentenced for a felonious violation of section 509.151, Florida Statutes . . .

ZACHARIA, v. HARBOR ISLAND SPA, INC., 519 F. Supp. 456 (E.D.N.Y. 1981)

. . . .-111, 509.151, and 509.161, in the office, hall, or lobby or another prominent place of such public . . .

HAMILTON, III, v. STATE, 329 So. 2d 283 (Fla. 1976)

. . . Appellant was charged with a violation of Section 509.151, Florida Statutes, which reads as follows: . . . “509.151 Obtaining lodging with intent to defraud; penalty. — Any person who shall obtain food, lodging . . . invalidity of the above-quoted section; in his supporting memorandum Appellant argued that both Section 509.151 . . . It is our view that the prima facie evidence of intent to defraud provided by Section 509.151, Florida . . . In Section 509.151, Florida Statutes, there are four requirements of the evidence in order to provide . . .

SARIC, v. MIAMI CARIBE INVESTMENTS, INC., 512 F.2d 1013 (5th Cir. 1975)

. . . this section shall be printed in the English language and posted together with a copy of §§ 509.111, 509.151 . . .

DURAN v. A. E. WELLS, 307 So. 2d 259 (Fla. Dist. Ct. App. 1975)

. . . . § 509.151, and “all persons in the State of Florida who may be prosecuted under said statute.” . . . The plaintiff requests a declaratory judgment that Fla.Stat. § 509.151 is unconstitutional, asks that . . . J., and McNULTY, J., concur. . “509.151 Obtaining lodging with intent to defraud; penalty. — Any person . . .