That's pretty funny because that's not part of the code of petty theft.
Florida is an interesting case.
NORMALLY it would fall under fraud
, However florida doesn't have "fraud" they have
Scheme to defraud
means a systematic, ongoing course of conduct with intent to defraud one or more persons, or with intent to obtain property from one or more persons by false or fraudulent pretenses, representations, or promises or willful misrepresentations of a future act.
If your not a systematic fraud then theft falls comes into play actually. The definition of the term "obtains or uses" is where one time lite fraud occurs.
(1) A person commits theft if he or she knowingly obtains or uses, or endeavors to obtain or to use, the property of another with intent to, either temporarily or permanently:
(3) “Obtains or uses” means any manner of:
(a) Taking or exercising control over property.
(b) Making any unauthorized use, disposition, or transfer of property.
(c) Obtaining property by fraud, willful misrepresentation of a future act, or false promise.
(d)1. Conduct previously known as stealing; larceny; purloining; abstracting; embezzlement; misapplication; misappropriation; conversion; or obtaining money or property by false pretenses, fraud, or deception; or
2. Other conduct similar in nature.
(4) “Property” means anything of value, and includes:
(a) Real property, including things growing on, affixed to, and found in land.
(b) Tangible or intangible personal property, including rights, privileges, interests, and claims.
(5) “Property of another” means property in which a person has an interest upon which anothe
And then if you dig a little deeper into theft you discover services...
Meaning that not paying your cab fare is theft of services. In florida, in a legal sense services
are "property" that can be stolen.
However not paying your uber fare or uber cheats delivery by means of defrauding the company for refunds is a scheme to defraud if you do it in a systematic and ongoing fashion.
So florida is an interesting legal mess.
There's also "hiring with intent to defraud" but that has not been proven to apply to hiring a taxi because that particular law was written in respect to rental cars
Florida Attorney General Legal Opinion
However there exists a legal opinion that technically under the law, not paying your taxi could be punishable as a third degree FELONY. Honestly the theft charges are a lot less extreme and the text of the rest of the law appears to apply to rental vehicles. Frankly I think it's a stretch and I think that petit theft is a much better "Fit" for the crime.
Thus, when an individual engages the service of a taxi and fails to pay or offer to pay for the service after it has been provided, he or she could be charged with obtaining the vehicle with intent to defraud the owner or person lawfully in possession of the taxi pursuant to section 817.52(2), Florida Statutes. I would note, however, that in an instance where an individual may not have the money, but offers, to pay the cab fare, the requisite failure to offer to pay that would allow the prosecutor prima facie proof of the individual's intent to defraud may not be present. Ultimately, it is within the discretion of the state attorney whether to prosecute an individual under section 817.52, Florida Statutes.