Defrauding an Innkeeper in Florida
The crime of Defrauding an Innkeeper involves fraudulently obtaining food, lodging, or accommodations.
Under Florida Statute 509.151, the crime of Defrauding an Innkeeper occurs when a person obtains food, lodging, or accommodations at any public food service establishment, hotel, motel, or temporary lodging establishment with the intent to defraud the operator out of the value of the food, lodging, or accommodations.
Defrauding an Innkeeper differs from the crime of theft, in that theft involves the taking of property without permission, whereas an innkeeper voluntarily provides the food or lodging in advance, but with the expectation of later payment.
Penalties for Defrauding an Innkeeper
If the value of the food, lodging, or other accommodations is valued at less than $750, the crime is classified as misdemeanor Defrauding an Innkeeper.
If the value of the food, lodging, or other accommodations is valued at $750 or more, the crime is classified as felony Defrauding an Innkeeper.
Defrauding an Innkeeper of less than $750 in Value
Defrauding an Innkeeper of less than $750 in Value is a Second Degree Misdemeanor in Florida and punishable by up to 60 days in jail, 60 days of probation, and a $500 fine.
If convicted of Defrauding an Innkeeper of less than $750 in Value, a judge may sentence a person to probation, but may also impose a sentence up to the statutory maximum of 60 days in jail.
Defrauding an Innkeeper of $750 or more in Value
The crime of Defrauding an Innkeeper of $750 or more in Value is a Third Degree Felony in Florida and is punishable by up to five (5) years in prison, five (5) years of probation, and a $5,000 fine.
Defrauding an Innkeeper of $750 or more in Value is assigned a Level 1 offense severity ranking under Florida’s Criminal Punishment Code. A judge may sentence a person convicted of Defrauding an Innkeeper of $750 or more in Value to probation, but may also impose a sentence up to the statutory maximum of five years in prison.
Defenses to Defrauding an Innkeeper
In addition to the pretrial defenses and trial defenses that can be raised in any criminal case, common defenses to the crime of Defrauding an Innkeeper include:
Disputed Amount Owed
The crux of the crime of Defrauding an Innkeeper is that a person intentionally attempts to defraud an innkeeper out of the value of the food, lodging, or accommodations provided.
However, if there is a good faith dispute as to the amount owed and the innkeeper refuses to accept the proffered payment, then there is no intent to defraud and no crime has occurred. [1]
Inedible Food
There is an implied covenant in every restaurant-patron transaction that the restaurant is only entitled to be paid, or retain payment, for food if the food served by the restaurant is edible. [2]
It is important to note that this covenant is based upon what would be “reasonably expected” by a consumer in the food served. Usually, this defense would be limited to instances where foreign or unexpected objects were discovered in the food or obvious signs of over or under cooking are present. [3]
Contact Criminal Defense Lawyer Richard Hornsby
If you have been arrested or charged with the crime of Defrauding an Innkeeper in Central Florida or the Greater Orlando area, contact Criminal Defense Lawyer Richard Hornsby today.
The initial consultation is free and I am always available to advise you on the proper course of action that can be taken.