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. 509.161

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 from cite.case.law:

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

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

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)

. . . argued that both Section 509.151 (“Obtaining lodging with intent to defraud; penalty.”) and Section 509.161 . . .

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

. . . shall be printed in the English language and posted together with a copy of §§ 509.111, 509.151, and 509.161 . . .

ADLER, E. D. v. SEGAL,, 108 So. 2d 773 (Fla. Dist. Ct. App. 1959)

. . . .-151 and 509.161, Fla.Stat, F.S.A.]. He was arrested, tried and acquitted upon a directed verdict. . . .