Most states have a specific statute (often called defrauding an innkeeper) that makes it a criminal offense to obtain food, lodging, fuel, or other accommodations at a restaurant, hotel, ski resort, campground, marina, gas station, or other establishment, with the intent not to pay for such goods and services—or to secure credit at such an establishment through fraud or other means of deceit (false pretenses). Proof that a person refused or neglected to pay for such food, lodging, fuel, or accommodations, or gave payment that was not honored (declined credit card, bad check) is generally proof of such fraudulent intent not to pay for the goods or services.
The definitions and punishment for this criminal offense vary from state to state, but generally may be prosecuted as a misdemeanor or as a felony, and may include confinement in jail or state prison. In some states, if the amount owed was disputed and the amount offered in payment was refused, a person cannot be convicted under the statute.
In Florida, the offense of defrauding an innkeeper is addressed under Florida Statute 509.151 - Defrauding an innkeeper, which makes it illegal to obtain food, lodging, or other accommodations at any public food service establishment or lodging establishment with the intent not to pay. This statute also covers obtaining accommodations through fraud or deceit, such as using a declined credit card or issuing a bad check. The severity of the offense can range from a second-degree misdemeanor to a third-degree felony, depending on the value of the services obtained. For amounts less than $300, the offense is typically a second-degree misdemeanor, punishable by up to 60 days in jail, a fine of up to $500, or both. If the value is $300 or more, the offense can be charged as a third-degree felony, which carries harsher penalties, including up to 5 years in prison, a fine of up to $5,000, or both. It is important to note that if there is a genuine dispute over the amount owed and a payment offer is made and refused, this may serve as a defense against the charge of defrauding an innkeeper.