Florida Statute 849.15 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVI
CRIMES

Chapter 849
GAMBLING

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F.S. 849.15

849.15 Manufacture, sale, possession, etc., of slot machines or devices prohibited.—

(1) It is unlawful:

(a) To manufacture, own, store, keep, possess, sell, rent, lease, let on shares, lend or give away, transport, or expose for sale or lease, or to offer to sell, rent, lease, let on shares, lend or give away, or permit the operation of, or for any person to permit to be placed, maintained, or used or kept in any room, space, or building owned, leased or occupied by the person or under the person’s management or control, any slot machine or device or any part thereof; or

(b) To make or to permit to be made with any person any agreement with reference to any slot machine or device, pursuant to which the user thereof, as a result of any element of chance or other outcome unpredictable to him or her, may become entitled to receive any money, credit, allowance, or thing of value or additional chance or right to use such machine or device, or to receive any check, slug, token or memorandum entitling the holder to receive any money, credit, allowance or thing of value.

(2) Pursuant to section 2 of that chapter of the Congress of the United States entitled “An act to prohibit transportation of gaming devices in interstate and foreign commerce,” approved January 2, 1951, being ch. 1194, 64 Stat. 1134, and also designated as 15 U.S.C. ss. 1171-1177, the State of Florida, acting by and through the duly elected and qualified members of its Legislature, does hereby in this section, and in accordance with and in compliance with the provisions of section 2 of such chapter of Congress, declare and proclaim that any county of the State of Florida within which slot machine gaming is authorized pursuant to chapter 551 is exempt from the provisions of section 2 of that chapter of the Congress of the United States entitled “An act to prohibit transportation of gaming devices in interstate and foreign commerce,” designated as 15 U.S.C. ss. 1171-1177, approved January 2, 1951. All shipments of gaming devices, including slot machines, into any county of this state within which slot machine gaming is authorized pursuant to chapter 551 and the registering, recording, and labeling of which have been duly performed by the manufacturer or distributor thereof in accordance with sections 3 and 4 of that chapter of the Congress of the United States entitled “An act to prohibit transportation of gaming devices in interstate and foreign commerce,” approved January 2, 1951, being ch. 1194, 64 Stat. 1134, and also designated as 15 U.S.C. ss. 1171-1177, shall be deemed legal shipments thereof into this state provided the destination of such shipments is an eligible facility as defined in s. 551.102 or the facility of a slot machine manufacturer or slot machine distributor as provided in s. 551.109(2)(a).

History.—s. 1, ch. 18143, 1937; CGL 1940 Supp. 4151(405-a); s. 1367, ch. 97-102; s. 2, ch. 2005-362; s. 156, ch. 2007-5; s. 11, ch. 2007-252.

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Amendments to 849.15

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 849.15

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

S849.15 - GAMBLING - MFG OWN POSS ETC SLOT MACHINE 3RD OR SUBSQ OFF - F: T

S849.15 - GAMBLING - MFG OWN STORE POSS ETC SLOT MACHINE 2ND OFF - M: F

S849.15 - GAMBLING - MFG OWN STORE POSS ETC SLOT MACHINE 1ST OFF - M: S

Cases Citing Statute 849.15

Total Results: 26

In re Standard Jury Instructions in Criminal Cases—Report 2012-07

122 So. 3d 302, 38 Fla. L. Weekly Supp. 618, 2013 Fla. LEXIS 1894, 2013 WL 4734573

Supreme Court of Florida | Filed: Sep 4, 2013 | Docket: 60234661

Cited 5 times | Published

[POSSESSION] [PERMITTING THE OPERATION] OF A SLOT MACHINE § 849.15(l)(a) and (b), Fla. Stat. To prove the crime of

State v. Broward Vending, Inc.

696 So. 2d 851, 1997 WL 181206

District Court of Appeal of Florida | Filed: Apr 16, 1997 | Docket: 1695919

Cited 3 times | Published

devices, possession of which is a violation of section 849.15, Florida Statutes (1995). Because the trial

State v. Cyphers

873 So. 2d 471, 2004 WL 1057797

District Court of Appeal of Florida | Filed: May 12, 2004 | Docket: 1452028

Cited 2 times | Published

coin-operated devices (slot machines), contrary to section 849.15, Florida Statutes (2003). Because sections

Gator Coin II, Inc., a Florida Corporation v. Florida Dept. Business and Professional Reg. etc.

254 So. 3d 1113

District Court of Appeal of Florida | Filed: Aug 30, 2018 | Docket: 7775009

Cited 1 times | Published

rent, or lease any “slot machine or device.” § 849.15(1), Fla. Stat. (2015). In section 849.16, the

Boardwalk Bros. v. Satz

949 F. Supp. 2d 1221, 2013 U.S. Dist. LEXIS 78341, 2013 WL 2433226

District Court, S.D. Florida | Filed: Jun 4, 2013 | Docket: 65991705

Cited 1 times | Published

or possession of slot machines. See Fla. Stat. § 849.15(l)(a). In order to allow the operation of certain

Florida Gaming Centers, Inc. v. Florida Department of Business & Professional Regulation

71 So. 3d 226, 2011 WL 4597502

District Court of Appeal of Florida | Filed: Oct 6, 2011 | Docket: 60302923

Cited 1 times | Published

forms of gambling, including slot machines. See § 849.15(l)(a), Fla. Stat. (providing in part that it is

FLORIDA GAMING v. Department

71 So. 3d 226

District Court of Appeal of Florida | Filed: Oct 6, 2011 | Docket: 2356419

Cited 1 times | Published

forms of gambling, including slot machines. See § 849.15(1)(a), Fla. Stat. (providing in part that it is

In Re: Standard Jury Instructions in Criminal Cases-Report 2018-10.

259 So. 3d 765

Supreme Court of Florida | Filed: Dec 13, 2018 | Docket: 8402541

Published

[LEASING] [TRANSPORTING] A SLOT MACHINE § 849.15(1)(a) and (b), Fla. Stat. To prove the

Gretna Racing, LLC v. Florida Department of Business And Professional Regulation, etc.

225 So. 3d 759, 42 Fla. L. Weekly Supp. 593, 2017 WL 2210389, 2017 Fla. LEXIS 1084

Supreme Court of Florida | Filed: May 18, 2017 | Docket: 6063847

Published

machine gaming are specifically outlawed under section 849.15(1), Florida Statutes (2013), in sweeping terms

Kelly Mathis v. State

208 So. 3d 158, 2016 Fla. App. LEXIS 15339

District Court of Appeal of Florida | Filed: Oct 14, 2016 | Docket: 4481309

Published

091(1), Fla. Stat. (2013). 3 . § 849.15, Fla. Stat. (2013). 4 .We affirm

In Re: Standard Jury Instructions in Criminal Cases – Report No. 2013-06

Supreme Court of Florida | Filed: Nov 26, 2014 | Docket: 2609569

Published

[TRANSPORTING]OF A SLOT MACHINE § 849.15(1)(a) and (b), Fla. Stat. To prove the

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES— REPORT NO. 2013-06

148 So. 3d 1204, 2014 WL 4636358

Supreme Court of Florida | Filed: Aug 28, 2014 | Docket: 1171080

Published

[LEASING] [TRANSPORTING] OF A SLOT MACHINE § 849.15(l)(a) and (b), Fla. Stat. To prove the crime

Incredible Investments, LLC v. Fernandez-Rundle

28 F. Supp. 3d 1272, 2014 WL 2959455, 2014 U.S. Dist. LEXIS 91252

District Court, S.D. Florida | Filed: Mar 3, 2014 | Docket: 64295776

Published

Promotions. (Am. Compl. ¶ 39 n. 1.) Fla. Stat. § 849.15 makes it unlawful to, among other things, own

Incredible Investments, LLC v. Fernandez-Rundle

984 F. Supp. 2d 1318, 2013 WL 6086031, 2013 U.S. Dist. LEXIS 165790

District Court, S.D. Florida | Filed: Nov 13, 2013 | Docket: 65995783

Published

also appears to be satisfied here. Fla. Stat. § 849.15 makes it unlawful to, among other things, own

Ago

Florida Attorney General Reports | Filed: Jul 19, 2011 | Docket: 3257635

Published

section 849.16(1), Florida Statutes. Pursuant to section 849.15, Florida Statutes, it is unlawful to possess

Ago

Florida Attorney General Reports | Filed: Jul 8, 2008 | Docket: 3255385

Published

that their use would constitute a violation of section 849.15, Florida Statutes, prohibiting the manufacture

Ago

Florida Attorney General Reports | Filed: Nov 7, 2007 | Docket: 3257607

Published

provided in s. 775.082 or s. 775.083." Pursuant to section 849.15, Florida Statutes, it is unlawful to possess

Advisory Opinion to the Attorney General re Authorizes Miami-Dade & Broward County Voters to Approve Slot Machines in Parimutuel Facilities

880 So. 2d 522, 29 Fla. L. Weekly Supp. 233, 2004 Fla. LEXIS 667, 2004 WL 1064930

Supreme Court of Florida | Filed: May 13, 2004 | Docket: 64832253

Published

“persons” from conducting or promoting lotteries); id. § 849.15 (prohibiting ownership or use of slot machines);

Ago

Florida Attorney General Reports | Filed: Mar 24, 2004 | Docket: 3256278

Published

from keeping a gambling house.1 Pursuant to section 849.15, Florida Statutes, it is unlawful to possess

Ago

Florida Attorney General Reports | Filed: Sep 30, 2002 | Docket: 3258326

Published

public or nonprofit organization.4 Pursuant to section 849.15, Florida Statutes, however, it is unlawful:

Ago

Florida Attorney General Reports | Filed: Jun 26, 1998 | Docket: 3256939

Published

giving away of slot machines is prohibited by section 849.15(1), Florida Statutes, it does not appear that

Ago

Florida Attorney General Reports | Filed: Feb 5, 1998 | Docket: 3258055

Published

issues, they are discussed together. Pursuant to section 849.15, Florida Statutes, as amended,1 it is unlawful

Ago

Florida Attorney General Reports | Filed: Apr 18, 1995 | Docket: 3257419

Published

following questions: 1. Is there a violation of section 849.15, Florida Statutes, if a patron of an arcade

Ago

Florida Attorney General Reports | Filed: Aug 15, 1994 | Docket: 3255157

Published

their construction. Question One Pursuant to section 849.15, Florida Statutes (1993): It is unlawful: (1)

Ago

Florida Attorney General Reports | Filed: Jan 27, 1989 | Docket: 3256457

Published

567, and 568, F.S. See, s. 561.01(6), F.S. 3 Section 849.15(1), F.S., makes it unlawful: To manufacture

Department of Business Regulation, Division of Alcoholic Beverages & Tobacco v. Rains

477 So. 2d 1029, 10 Fla. L. Weekly 2202, 1985 Fla. App. LEXIS 15920

District Court of Appeal of Florida | Filed: Sep 20, 1985 | Docket: 64615176

Published

appellees’ own witness, supports that conclusion. Section 849.15 makes it unlawful to own a slot machine. The