Florida Statute 509.161 | Lawyer Caselaw & Research

The 2024 Florida Statutes

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

Chapter 509
LODGING AND FOOD SERVICE ESTABLISHMENTS; MEMBERSHIP CAMPGROUNDS

View Entire Chapter

F.S. 509.161

509.161 Rules of evidence in prosecutions.—In prosecutions under s. 509.151, proof that lodging, food, or other accommodations were obtained by false pretense; by false or fictitious show of baggage or other property; by absconding without paying or offering to pay for such food, lodging, or accommodations; or by surreptitiously removing or attempting to remove baggage shall constitute prima facie evidence of fraudulent intent. If the operator of the establishment has probable cause to believe, and does believe, that any person has obtained food, lodging, or other accommodations at such establishment with intent to defraud the operator thereof, the failure to make payment upon demand therefor, there being no dispute as to the amount owed, shall constitute prima facie evidence of fraudulent intent in such prosecutions.

History.—s. 2, ch. 6954, 1915; RGS 5158; CGL 7261; s. 46, ch. 16042, 1933; CGL 1936 Supp. 7261; s. 2, ch. 63-546; s. 11, ch. 73-325; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 12, 39, 42, ch. 79-240; ss. 3, 4, ch. 81-161; ss. 2, 3, ch. 81-318; ss. 51, 52, ch. 90-339; s. 4, ch. 91-429; s. 85, ch. 2019-167.

Note.—Former s. 511.39.

F.S. 509.161 on Google Scholar

F.S. 509.161 on Casetext

Amendments to 509.161

Arrestable Offenses / Crimes under Fla. Stat. 509.161

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 509.161.

Annotations, Discussions, Cases:

Cases Citing Statute 509.161

Total Results: 3

Lashley v. Bowman

Court: District Court of Appeal of Florida | Date Filed: 1990-05-10

Citation: 561 So. 2d 406, 1990 WL 59207

Snippet: to defraud him by failing to pay. §§ 509.151, 509.161, Florida Statutes (1987). Although the existence

Hamilton v. State

Court: Supreme Court of Florida | Date Filed: 1976-02-25

Citation: 329 So. 2d 283

Snippet: with intent to defraud; penalty.") and Section 509.161 ("Rules of evidence in prosecutions."), Florida

Adler v. Segal

Court: District Court of Appeal of Florida | Date Filed: 1959-02-03

Citation: 108 So. 2d 773

Snippet: the "board bill fraud" statute [§§ 509.151 and 509.161, Fla. Stat., F.S.A.]. He was arrested, tried and