Florida Statute 849.15 | Lawyer Caselaw & Research

The 2024 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.

F.S. 849.15 on Google Scholar

F.S. 849.15 on Casetext

Amendments to 849.15

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

Annotations, Discussions, Cases:

Cases Citing Statute 849.15

Total Results: 20

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

Court: Fla. | Date Filed: 2018-12-13T00:00:00-08:00

Citation: 259 So. 3d 765

Snippet: LEASING] [TRANSPORTING] A SLOT MACHINE § 849.15(1)(a) and (b), Fla. Stat. To prove the crime… [PERMITTING THE OPERATION] OF A SLOT MACHINE - 849.15(1)(a) and (b) CATEGORY ONE CATEGORY TWO FLA. STAT

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

Court: Fla. Dist. Ct. App. | Date Filed: 2018-08-30T00:00:00-07:00

Citation: 254 So. 3d 1113

Snippet: not an illegal slot machine pursuant to sections 849.15 and 849.16, Florida Statutes (2015), and is instead… rent, or lease any “slot machine or device.” § 849.15(1), Fla. Stat. (2015). In section 849.16, the term

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

Court: Fla. | Date Filed: 2017-05-18T00:00:00-07:00

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

Snippet: punishable as provided in s. 775.082 or s. 775.083.”); § 849.15(1), Fla. Stat. (2013) (“It is unlawful: (a) to

Kelly Mathis v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2016-10-14T00:00:00-07:00

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

Snippet: 849.091(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

Court: Fla. | Date Filed: 2014-11-25T23:53:00-08:00

Snippet: TRANSPORTING]OF A SLOT MACHINE § 849.15(1)(a) and (b), Fla. Stat. To prove the crime…THE OPERATION] OF A SLOT MACHINE — 849.15(1)(a) and (b) CATEGORY ONE CATEGORY TWO

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

Court: Fla. | Date Filed: 2014-08-28T00:00:00-07:00

Citation: 148 So. 3d 1204, 2014 WL 4636358

Snippet: LEASING] [TRANSPORTING] OF A SLOT MACHINE § 849.15(l)(a) and (b), Fla. Stat. To prove the crime… [PERMITTING THE OPERATION] OF A SLOT MACHINE — 849,15(l)(a) and (b) CATEGORY ONE CATEGORY TWO

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

Court: Fla. | Date Filed: 2013-09-04T00:00:00-07:00

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

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

FLORIDA GAMING v. Department

Court: Fla. Dist. Ct. App. | Date Filed: 2011-10-06T00:53:00-07:00

Citation: 71 So. 3d 226

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

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

Court: Fla. Dist. Ct. App. | Date Filed: 2011-10-06T00:00:00-07:00

Citation: 71 So. 3d 226

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

Ago

Court: Fla. Att'y Gen. | Date Filed: 2011-07-19T00:53:00-07:00

Snippet: 849.16(1), Florida Statutes. Pursuant to section 849.15, Florida Statutes, it is unlawful to possess or…definition of a slot machine proscribed by section 849.15, Florida Statutes.2 As stated by the Supreme Court…where chance is an element of the game, section 849.15, Florida Statutes, is violated. An exception to

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Court: Fla. Att'y Gen. | Date Filed: 2008-07-08T00:53:00-07:00

Snippet: their use would constitute a violation of section 849.15, Florida Statutes, prohibiting the manufacture,…are conducted. Question Two Pursuant to section 849.15, Florida Statutes, it is unlawful to possess or…the definition of a machine proscribed by section 849.15, Florida Statutes. While the vending machine you…remove a machine from the proscriptions of section 849.15.12 As the Court stated in Deeb v. Stoutamire "…tickets would fall outside the scope of sections 849.15 and 849.16, Florida Statutes. The conduct of bingo

Rowe v. County of Duval

Court: Fla. Dist. Ct. App. | Date Filed: 2008-01-23T23:53:00-08:00

Citation: 975 So. 2d 526

Snippet: gambling houses and slot machines. See §§ 849.01 and 849.15, Fla. Stat. (2006). The trial court ruled the safe…gambling houses and slot machines. See §§ 849.01 and 849.15, Fla. Stat. (2005). The legislature has expressly

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Court: Fla. Att'y Gen. | Date Filed: 2007-11-06T23:53:00-08:00

Snippet: 775.082 or s. 775.083." Pursuant to section 849.15, Florida Statutes, it is unlawful to possess or…definition of a slot machine proscribed by section 849.15, Florida Statutes.3 The Florida Supreme Court and…remove a machine from the proscriptions of section 849.15, Florida Statutes.4 InDeeb v. Stoutamire, the Florida…where chance is an element of the game, section 849.15, Florida Statutes, is violated: "In the instant…as a slot machine within the meaning of section 849.15, Florida Statutes. Further, this office concluded

City of Melbourne v. Gervais

Court: Fla. Dist. Ct. App. | Date Filed: 2005-04-01T00:00:00-08:00

Citation: 896 So. 2d 972, 2005 Fla. App. LEXIS 4529, 2005 WL 735900

Snippet: gambling devices and paraphernalia as per sections 849.15, 849.16 and 932.701(2)(a)2, Florida Statutes; Second

Delorme v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2005-03-03T23:53:00-08:00

Citation: 895 So. 2d 1252

Snippet: second degree misdemeanor in violation of sections 849.15(1)(2) and 849.23, Florida Statutes. Appellants,…amusement facility from the provisions of F.S. 849.01, 849.15, and 849.16. Defendant's place of business …Appellants also alleged that section 849.01 and 849.15, Florida Statutes, were unconstitutionally vague…actually illegal slot machines or devices under s. 849.15 and s. 849.16, Florida Statutes. 4. The machines…The court reversed, finding that sections 849.01, 849.15 and 849.161,[1] Florida Statutes, were not impermissibly

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

Court: Fla. | Date Filed: 2004-05-13T00:00:00-07:00

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

Snippet: from conducting or promoting lotteries); id. § 849.15 (prohibiting ownership or use of slot machines)

State v. Cyphers

Court: Fla. Dist. Ct. App. | Date Filed: 2004-05-12T00:53:00-07:00

Citation: 873 So. 2d 471

Snippet: contrary to section 849.15, Florida Statutes (2003). Because sections 849.01, 849.15, and 849.161, Florida…vague when read in conjunction with section 849.15. Section 849.15 prohibits possession of any slot machine…849.01 and 849.15. Accordingly, Defendants' vagueness challenge to sections 849.01, 849.15, and 849.161… is vague when read in conjunction with section 849.15, which prohibits slot machines involving "…, finding that the language of sections 849.01, 849.15, and 849.161 does not provide adequate notice of

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Court: Fla. Att'y Gen. | Date Filed: 2004-03-23T23:53:00-08:00

Snippet: various denominations, violate sections 849.01 and 849.15, Florida Statutes, since section 849.161(1)(a)1…nominal value, and thus violate sections 849.01 and 849.15, Florida Statutes? Question One Section 849.01,… keeping a gambling house.1 Pursuant to section 849.15, Florida Statutes, it is unlawful to possess or…definition of a slot machine proscribed by section 849.15, Florida Statutes. Section 849.161, Florida Statutes…various denominations, violate sections 849.01 and 849.15, Florida Statutes, since section 849.161(1)(a)1

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Court: Fla. Att'y Gen. | Date Filed: 2002-09-30T00:53:00-07:00

Snippet: or nonprofit organization.4 Pursuant to section 849.15, Florida Statutes, however, it is unlawful: "…definition designed for gambling, is unlawful. Section 849.15, Florida Statutes, which specifically identifies… away of slot machines is prohibited by section 849.15(1), Florida Statutes, this office stated that utilization… defense to any action or prosecution under ss. 849.15-849.233, Fla. Stat., for the possession of any

DEPT. of LEGAL AFFAIRS v. Bradenton Group

Court: Fla. | Date Filed: 1998-09-24T00:53:00-07:00

Citation: 727 So. 2d 199

Snippet: Statutes: . . . . 32. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s. 849.25, relating to gambling.