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Florida Statute 849.15 | Lawyer Caselaw & Research
F.S. 849.15 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 849.15

The 2023 Florida Statutes

Title XLVI
CRIMES
Chapter 849
GAMBLING
View Entire Chapter
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:

10 Cases from Casetext:Date Descending

U.S. Supreme Court11th Cir. - Ct. App.11th Cir. - MD FL11th Cir. - ND FL11th Cir. - SD FLFed. Reg.Secondary Sources - All

  1. Heisel v. City of Deltona

    328 So. 3d 56 (Fla. Dist. Ct. App. 2021)
    Appellants complied with the cease and desist notice and subsequently filed a complaint against Appellees for declaratory relief, seeking a determination of whether the games are slot machines or amusement machines and whether they violate sections 849.15 and 849.16, Florida Statutes (2020).

  2. Gov't Emps. Ins. Co. v. Glassco Inc.

    8:19-cv-1950-KKM-JSS (M.D. Fla. Sep. 24, 2021)   Cited 4 times
    Geico cannot establish an implied per se violation for multiple reasons. To begin, the Repair Act uses no language characterizing violations-let alone technical violations- as unfair, deceptive, or unconscionable. See §§ 559.901-559.9221, Fla. Stat.; see also Feheley, 2009 WL 2474061, at *4 ("[Section] 849.I5[, Florida Statutes, ] includes no explicit declaration that a violation constitutes an unfair, unconscionable, or deceptive trade practice, as do other statutory provisions that operate as implied predicates."). What is more, the Court found no Florida caselaw holding that technical violations under the Repair Act constitute FDUTPA violations. See Feheley, 2009 WL 2474061, at *5 ("No Florida court has ever cited [§ 849.15] as a FDUTPA predicate."). Even more telling is that Geico is not a "customer" under the Repair Act. See also Auto Glass America, 418 F.Supp.3d at 1025 (dismissing FDUTPA claim based on Repair-Act predicate because Allstate was not a customer under the statute). Finally, as discussed earlier, concluding that technical violations under the Repair Act constitute unfair or deceptive practices is incongruent with the Repair Act containing no provision…

  3. Maxum Indem. Co. v. Shaw

    NO. 3:18-CV-477-MMH-PDB (M.D. Fla. Feb. 5, 2021)
    Maxum inaccurately described the Brevard County Sheriff's Office report as follows: "Brevard County Sherriff's [sic] Office ... investigated Fun Zone, as well as a similar business in the same shopping plaza known as 'Red Diamond.' ... BCSO investigated these establishments on 1/12/2017, 1/19/2017, 1/23/2017, 1/24/2017, and 2/10/2017. ... The BCSO investigation culminated in two charges against Fun Zone and Red Diamond: (1) keeping a gambling house in violation of Florida Statute § 849.01; and, (2) possessing or owning a slot machine in violation of Florida Statute § 849.15." Doc. 27 at 2-3.
    PAGE 12

  4. Webber v. Bactes Imaging Sols.

    295 So. 3d 841 (Fla. Dist. Ct. App. 2020)   Cited 2 times

    08-23060-CIV, 2009 WL 2474061 at *3-*4 (S.D. Fla. 2009) (concluding that a violation of section 849.15, Florida Statutes (2008), a statute related to slot machines, "cannot serve as a predicate" for a

  5. In re Standard Jury Instructions in Criminal Cases—Report 2018-10

    259 So. 3d 765 (Fla. 2018)   Cited 2 times
    § 849.15(1)(a) and (b), Fla. Stat.
    PAGE 938

  6. Gator Coin II, Inc. v. Fla. Dep't of Bus. & Prof'l Regulation

    254 So. 3d 1113 (Fla. Dist. Ct. App. 2018)   Cited 2 times
    Chapter 849, Florida Statutes, governs gambling and makes it unlawful to manufacture, own, store, keep, possess, sell, rent, or lease any "slot machine or device." § 849.15(1), Fla. Stat. (2015). In section 849.16, the term "slot machine or device" is defined and a rebuttable presumption is created as follows:
    PAGE 1116

  7. Gretna Racing, LLC v. Fla. Dep't of Bus. & Prof'l Regulation

    225 So. 3d 759 (Fla. 2017)
    Here, no relevant analogous constitutional authority exists regarding the subject of slot machine gaming. As the Division points out, in Florida gambling is generally illegal. Section 849.08, Florida Statutes (2013), provides that "game[s] of chance" are illegal. But certain forms of gambling are legal. See, e.g., ch. 550, Fla. Stat. (2013) (the "Florida Pari-mutuel Wagering Act"). And although slot machines and slot machine gaming are specifically outlawed under section 849.15(1), Florida Statutes (2013), in sweeping terms, slot machine gaming is permitted under tight restrictions as laid out by the Legislature in chapter 551. Nothing in chapter 551, however, grants any authority to regulate slot machine gaming to any county. The only role that counties play regarding slot machine gaming is conducting referenda when authorized by law.
    PAGE 766

  8. Mathis v. State

    208 So. 3d 158 (Fla. Dist. Ct. App. 2016)   Cited 2 times
    § 849.15, Fla. Stat. (2013).
    PAGE 160

  9. In re Standard Jury Instructions in Criminal Cases

    148 So. 3d 1204 (Fla. 2014)

    [POSSESSION OF ] [PERMITTING THE OPERATION OF ] [ SELLING] [LEASING] [TRANSPORTING] OF A SLOT MACHINE § 849.15(1)(a) and (b), Fla. Stat. To prove the crime of (crime charged), the State must prove the following

    anything of value. Lesser Included Offenses [POSSESSION] [PERMITTING THE OPERATION] OF A SLOT MACHINE—849.15(1)(a) and (b) CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO. None Attempt 777.04(1) 5.1 Comments It

  10. In re Standard Jury Instructions in Criminal Cases

    148 So. 3d 1204 (Fla. 2014)
    § 849.15(1)(a) and (b), Fla. Stat.
    PAGE 1248

    Cases from cite.case.law:

    IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 259 So. 3d 765 (Fla. 2018)

    . . . ] [POSSESSION OF] [PERMITTING THE OPERATION OF] [SELLING] [LEASING] [TRANSPORTING] A SLOT MACHINE § 849.15 . . . Lesser Included Offenses [POSSESSION] [PERMITTING THE OPERATION] OF A SLOT MACHINE - 849.15(1)(a) and . . .

    GATOR COIN II, INC. a v. FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO, LLC, v. II, a, 254 So. 3d 1113 (Fla. App. Ct. 2018)

    . . . Judgment, seeking a declaration that Version 67 is not an illegal slot machine pursuant to sections 849.15 . . . unlawful to manufacture, own, store, keep, possess, sell, rent, or lease any "slot machine or device." § 849.15 . . .

    GRETNA RACING, LLC, v. FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,, 225 So. 3d 759 (Fla. 2017)

    . . . .”); § 849.15(1), Fla. . . . And although slot machines and slot machine gaming are specifically outlawed under section 849.15(1), . . .

    MATHIS, v. STATE, 208 So. 3d 158 (Fla. Dist. Ct. App. 2016)

    . . . . § 849.15, Fla. . . .

    In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES REPORT NO., 148 So. 3d 1204 (Fla. 2014)

    . . . POSSESSION OF] [PERMITTING THE OPERATION OF] [SELLING] [LEASING] [TRANSPORTING] OF A SLOT MACHINE § 849.15 . . .

    INCREDIBLE INVESTMENTS, LLC, v. FERNANDEZ- RUNDLE,, 28 F. Supp. 3d 1272 (S.D. Fla. 2014)

    . . . Sections 849.15 and 849.16 or a form of gambling because that issue is not properly before the Court. . . . Stat. § 849.15 makes it unlawful to, among other things, own, keep, or permit the operation of a slot . . . As the Court discussed above, Section 849.16, in conjunction with Section 849.15, targets conduct (owning . . . [or] more elements it is required to prove in order to obtain a conviction for violation of Section 849.15 . . .

    INCREDIBLE INVESTMENTS, LLC, v. FERNANDEZ- RUNDLE,, 984 F. Supp. 2d 1318 (S.D. Fla. 2013)

    . . . . § 849.15 makes it unlawful to, among other things, own, keep, or permit the operation of a slot machine . . . Sections 849.15 and 849.16 target conduct and operate irrespective of the content of the Game Promotions . . . As discussed above with respect to Count V, Sections 849.15 and 849.16 target conduct and operate irrespective . . . Stat. § 849.15 criminalizes the ownership or operation of such devices. . . . .

    In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 122 So. 3d 302 (Fla. 2013)

    . . . instruction was adopted in 2013. 22.15 [POSSESSION] [PERMITTING THE OPERATION] OF A SLOT MACHINE § 849.15 . . .

    BOARDWALK BROTHERS, INC. a FLA, LLC, a v. SATZ,, 949 F. Supp. 2d 1221 (S.D. Fla. 2013)

    . . . . § 849.15(l)(a). . . .

    FLORIDA GAMING CENTERS, INC. a a v. FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, LLC, a a v. LLC, a, 71 So. 3d 226 (Fla. Dist. Ct. App. 2011)

    . . . See § 849.15(l)(a), Fla. Stat. . . .

    CYBER ZONE E- CAFE, INC. a M. v. KING, Ed, 782 F. Supp. 2d 1331 (M.D. Fla. 2011)

    . . . . §§ 849.15 and 849.16; and conducting an illegal lottery in violation of § 849.09, Florida Statutes. . . .

    H. ROWE LLC, v. COUNTY OF DUVAL, a s, 975 So. 2d 526 (Fla. Dist. Ct. App. 2008)

    . . . See §§ 849.01 and 849.15, Fla. Stat. (2005). . . . See §§ 849.01 and 849.15, Fla. Stat. (2006). . . .

    E. NOELL, Jr. v. WHITE, L. M., 198 F. App'x 858 (11th Cir. 2006)

    . . . . §§ 849.15 and 849.16, which, among other things, proscribe possessing or permitting the operation of . . . Stat. §§ 849.15 and 849.16. . . .

    CITY OF MELBOURNE, v. GERVAIS,, 896 So. 2d 972 (Fla. Dist. Ct. App. 2005)

    . . . bélieve that the subject property constituted illegal gambling devices and paraphernalia as per sections 849.15 . . .

    DELORME, v. STATE, 895 So. 2d 1252 (Fla. Dist. Ct. App. 2005)

    . . . of section 849.01, Florida Statutes; and (II) a second degree misdemeanor in violation of sections 849.15 . . . the general public and tourists as a bona fide amusement facility from the provisions of F.S. 849.01, 849.15 . . . Appellants also alleged that section 849.01 and 849.15, Florida Statutes, were unconstitutionally vague . . . demonstrating that the devices at issue are [sic] actually illegal slot machines or devices under s. 849.15 . . . The court reversed, finding that sections 849.01, 849.15 and 849.161, Florida Statutes, were not impermissibly . . .

    ADVISORY OPINION TO ATTORNEY GENERAL RE AUTHORIZES MIAMI- DADE AND BROWARD COUNTY VOTERS TO APPROVE SLOT MACHINES IN PARIMUTUEL FACILITIES, 880 So. 2d 522 (Fla. 2004)

    . . . . § 849.15 (prohibiting ownership or use of slot machines); id. § 849.16(1) (defining “slot machine”) . . .

    STATE v. CYPHERS, 873 So. 2d 471 (Fla. Dist. Ct. App. 2004)

    . . . Florida Statutes (2003), and possession of coin-operated devices (slot machines), contrary to section 849.15 . . . Because sections 849.01, 849.15, and 849.161, Florida Statutes (2003), are not impermissibly vague, we . . . Section 849.15 prohibits possession of any slot machine, defined in section 849.16(1), Florida Statutes . . . Pursuant to section 849.161(l)(a)(l), however, section 849.15 shall not apply to an arcade amusement . . . Accordingly, Defendants’ vagueness challenge to sections 849.01, 849.15, and 849.161 must fail. . . .

    FLORIDA, v. SEMINOLE TRIBE OF FLORIDA, E., 181 F.3d 1237 (11th Cir. 1999)

    . . . Stat. ch. 849.15-16 (1997) (making it a crime, inter alia, to “possess” or “permit the operation of’ . . .

    FLORIDA, v. SEMINOLE TRIBE OF FLORIDA, E., 181 F.3d 1237 (11th Cir. 1999)

    . . . Stat. ch. 849.15-16 (1997) (making it a crime, inter alia, to “possess” or “permit the operation of’ . . .

    UNITED STATES v. SEMINOLE TRIBE OF FLORIDA,, 45 F. Supp. 2d 1330 (M.D. Fla. 1999)

    . . . operation or use of any machine or device, the possession, operation or use of which is prohibited by §§ 849.15 . . .

    DEPARTMENT OF LEGAL AFFAIRS, v. BRADENTON GROUP, INC. v., 727 So. 2d 199 (Fla. 1998)

    . . . Section 84-9.09, s. 849.14, s. 849.15, s. 849.23, or s. 849.25, relating to gambling. § 895.02(l)(a)( . . .

    STATE DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO, v. BROWARD VENDING, INC. a, 696 So. 2d 851 (Fla. Dist. Ct. App. 1997)

    . . . Department claimed were coin-operated gambling devices, possession of which is a violation of section 849.15 . . . Section 849.15 prohibits the leasing, renting or selhng of certain slot machines or other devices, “pursuant . . . credit, allowance, or thing of value or additional chance or right to use such machine or device -” § 849.15 . . .

    POLAKOFF, v. STATE, 586 So. 2d 385 (Fla. Dist. Ct. App. 1991)

    . . . Section 849.09, s. 849.14, s. 849.15, s. 849.23, s. 849.24, or s. 849.25, relating to gambling. . . .

    In PORT ROYAL LAND TIMBER CO., 105 B.R. 72 (Bankr. S.D. Ala. 1989)

    . . . Additionally, the firm requested a $20,000.00 enhancement and $849.15 for the reimbursement of expenses . . .

    CITY OF ST. PETERSBURG v. FT. ALUMININUM TWIN AXLE TRAILER,, 37 Fla. Supp. 2d 173 (Fla. Cir. Ct. 1989)

    . . . . § 849.15 prohibits the possession of a machine or device which, under F.S. § 849.16, “. . . is one . . .

    VICKERY, v. STATE NUNNARI, v. STATE, 539 So. 2d 499 (Fla. Dist. Ct. App. 1989)

    . . . information under the following provisions of the Florida Statutes: ****** (24) Section 849.09, s. 849.14, s. 849.15 . . .

    DEPARTMENT OF BUSINESS REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO, v. RAINS d b a s Hi- Lo Up No., 477 So. 2d 1029 (Fla. Dist. Ct. App. 1985)

    . . . Section 849.15 makes it unlawful to own a slot machine. . . .

    BOWDEN, v. STATE WILLIAMS, v. STATE, 402 So. 2d 1173 (Fla. 1981)

    . . . Section 849.09, s. 849.14, s. 849.15, s. 849.23, s. 849.24, or s. 849.25, relating to gambling. 24. . . .

    CRUSTACEAN TRANSPORTATION CORPORATION M V CRUSTACEA, v. ATALANTA TRADING CORPORATION,, 369 F.2d 656 (5th Cir. 1966)

    . . . on Atalanta’s statement of account to Hackman’s Brazilian corporation c/o Lobster Account was $26,-849.15 . . .

    L. EASSON, B. v. COMMISSIONER OF INTERNAL REVENUE, COMMISSIONER OF INTERNAL REVENUE, v. L. EASSON, B., 294 F.2d 653 (9th Cir. 1961)

    . . . . $159,-849.15. . . .

    STATE v. LANO, 12 Fla. Supp. 108 (Dade Cty. Cir. Ct. 1957)

    . . . provides — ' Upon the arrest of any person charged with the violation of any of the provisions of §§849.15 . . . investigation, prosecution or other proceedings, incident to charges of violation of any of the provisions of §§849.15 . . .

    HOLLIDAY v. GOVERNOR OF STATE OF SOUTH CAROLINA, 78 F. Supp. 918 (W.D.S.C. 1948)

    . . . . § 849.15 et seq.] which prohibited the operation of the ‘one-armed bandit’ type slot machine) the popular . . .