Florida Statutes

Fla. Stat. § 849.15 (2025)

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

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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.

Arrestable Offenses under F.S. 849.15

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd

§849.15GAMBLINGMFG OWN POSS ETC SLOT MACHINE 3RD OR SUBSQ OFFF · 3rd

§849.15GAMBLINGMFG OWN STORE POSS ETC SLOT MACHINE 2ND OFFM · 1st

§849.15GAMBLINGMFG OWN STORE POSS ETC SLOT MACHINE 1ST OFFM · 2nd

Notes of Decisions

Cited in 21 cases, 1957–2018 · leading case: State v. Cyphers, 873 So. 2d 471 (Fla. 2d DCA 2004).

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State v. Cyphers, 873 So. 2d 471 (Fla. 2d DCA 2004). · cites it 6× “01, Florida Statutes (2003), and possession of coin-operated devices (slot machines), contrary to section 849.15, Florida Statutes (2003). Because sections 849.”

Incredible Investments, LLC v. Fernandez-Rundle, 984 F. Supp. 2d 1318 (S.D. Fla. 2013). · cites it 4× “Fla. Stat. § 849.15 makes it unlawful to, among other things, own, keep, or permit the operation of a slot machine.”

State v. Broward Vending, Inc., 696 So. 2d 851 (Fla. 4th DCA 1997). · cites it 4× “The state appeals the order of the trial court enjoining the Department of Business & Professional Regulation, Division of Alcoholic Beverages & Tobacco from seizing machines which the Department claimed were coin-operated gambling devices, possession of which is a violation of…”

In re Stand. Jury Instructions in Crim. Cases—Report 2012-07, 122 So. 3d 302 (Fla. 2013). “15 [POSSESSION] [PERMITTING THE OPERATION] OF A SLOT MACHINE § 849.15(l)(a) and (b), Fla. Stat. To prove the crime of (crime charged), the State must prove the following element beyond a reasonable doubt: Give as applicable.”

Kelly Mathis v. State, 208 So. 3d 158 (Fla. 5th DCA 2016). · cites it 2× “§ 849.15, Fla. Stat. (2013). 4 .We affirm the trial court's denial of Appellant's cause challenge to a prospective juror without discussion.”

Gator Coin II, Inc., a Florida Corp. v. Florida Dept. Bus. & Prof'l Reg. etc., 254 So. 3d 1113 (Fla. 1st DCA 2018). · cites it 2× “” § 849.15(1), Fla. Stat. (2015). In section 849.”

Incredible Investments, LLC v. Fernandez-Rundle, 28 F. Supp. 3d 1272 (S.D. Fla. 2014). · cites it 5× “) Fla. Stat. § 849.15 makes it unlawful to, among other things, own, keep, or permit the operation of a slot machine.”

Advisory Opinion to the Attorney Gen. re Authorizes Miami-Dade & Broward Cnty. Voters to Approve Slot Machines in Parimutuel Facilities, 880 So. 2d 522 (Fla. 2004). “§ 849.15 (prohibiting ownership or use of slot machines); id.”

Dep't of Bus. Reg., Div. of Alcoholic Beverages & Tobacco v. Rains, 477 So. 2d 1029 (Fla. 2d DCA 1985). “16, Florida Statutes (1983). We take that to be a tacit admission that it is.”

Florida Gaming Centers, Inc. v. Florida Dep't of Bus. & Prof'l Reg., 71 So. 3d 226 (Fla. 1st DCA 2011). · cites it 2× “See § 849.15(l)(a), Fla. Stat. (providing in part that it is unlawful to permit the operation of any slot machine in the state).”

In Re Stand. Jury Instructions in Crim. Cases— Report No. 2013-06, 148 So. 3d 1204 (Fla. 2014). “15 [MANUFACTURING] [OWNING] [STORING] [KEEPING] [POSSESSION OF] [PERMITTING THE OPERATION OF] [SELLING] [LEASING] [TRANSPORTING] OF A SLOT MACHINE § 849.15(l)(a) and (b), Fla. Stat. To prove the crime of (crime charged), the State must prove the following element beyond a…”

Cyber Zone E-cafe, Inc. v. King, 782 F. Supp. 2d 1331 (M.D. Fla. 2011). · cites it 2× “02; possession of a coin operated device in violation of Fla. Stat. §§ 849.15 and 849.16; and conducting an illegal lottery in violation of § 849.”

Show all 21 citing cases →

— 849.15(1) — 2 cases

Gator Coin II, Inc., a Florida Corp. v. Florida Dept. Bus. & Prof'l Reg. etc., 254 So. 3d 1113 (Fla. 1st DCA 2018). “” § 849.15(1), Fla. Stat. (2015). In section 849.”

Gretna Racing, LLC v. Florida Dep't of Bus. & Prof'l Reg., etc., 225 So. 3d 759 (Fla. 2017).

— 849.15(1)(a) — 3 cases

In Re: Stand. Jury Instructions in Crim. Cases-Report 2018-10., 259 So. 3d 765 (Fla. 2018).

FLORIDA GAMING v. Dep't, 71 So. 3d 226 (Fla. 1st DCA 2011).

In Re: Stand. Jury Instructions in Crim. Cases – Report No. 2013-06 (Fla. 2014).

— 849.15(2) — 1 case

State v. Broward Vending, Inc., 696 So. 2d 851 (Fla. 4th DCA 1997). “The state appeals the order of the trial court enjoining the Department of Business & Professional Regulation, Division of Alcoholic Beverages & Tobacco from seizing machines which the Department claimed were coin-operated gambling devices, possession of which is a violation of…”

— 849.15(l)(a) — 3 cases

Florida Gaming Centers, Inc. v. Florida Dep't of Bus. & Prof'l Reg., 71 So. 3d 226 (Fla. 1st DCA 2011). “See § 849.15(l)(a), Fla. Stat. (providing in part that it is unlawful to permit the operation of any slot machine in the state).”

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