The 2023 Florida Statutes
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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).
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…
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.
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
§ 849.15(1)(a) and (b), Fla. Stat.
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:
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.
§ 849.15, Fla. Stat. (2013).
[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
§ 849.15(1)(a) and (b), Fla. Stat.
. . . ] [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 . . .
. . . 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 . . .
. . . .”); § 849.15(1), Fla. . . . And although slot machines and slot machine gaming are specifically outlawed under section 849.15(1), . . .
. . . POSSESSION OF] [PERMITTING THE OPERATION OF] [SELLING] [LEASING] [TRANSPORTING] OF A SLOT MACHINE § 849.15 . . .
. . . 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 . . .
. . . . § 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. . . . .
. . . instruction was adopted in 2013. 22.15 [POSSESSION] [PERMITTING THE OPERATION] OF A SLOT MACHINE § 849.15 . . .
. . . . § 849.15(l)(a). . . .
. . . See § 849.15(l)(a), Fla. Stat. . . .
. . . . §§ 849.15 and 849.16; and conducting an illegal lottery in violation of § 849.09, Florida Statutes. . . .
. . . See §§ 849.01 and 849.15, Fla. Stat. (2005). . . . See §§ 849.01 and 849.15, Fla. Stat. (2006). . . .
. . . . §§ 849.15 and 849.16, which, among other things, proscribe possessing or permitting the operation of . . . Stat. §§ 849.15 and 849.16. . . .
. . . bélieve that the subject property constituted illegal gambling devices and paraphernalia as per sections 849.15 . . .
. . . 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 . . .
. . . . § 849.15 (prohibiting ownership or use of slot machines); id. § 849.16(1) (defining “slot machine”) . . .
. . . 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. . . .
. . . Stat. ch. 849.15-16 (1997) (making it a crime, inter alia, to “possess” or “permit the operation of’ . . .
. . . Stat. ch. 849.15-16 (1997) (making it a crime, inter alia, to “possess” or “permit the operation of’ . . .
. . . operation or use of any machine or device, the possession, operation or use of which is prohibited by §§ 849.15 . . .
. . . Section 84-9.09, s. 849.14, s. 849.15, s. 849.23, or s. 849.25, relating to gambling. § 895.02(l)(a)( . . .
. . . 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 . . .
. . . Section 849.09, s. 849.14, s. 849.15, s. 849.23, s. 849.24, or s. 849.25, relating to gambling. . . .
. . . Additionally, the firm requested a $20,000.00 enhancement and $849.15 for the reimbursement of expenses . . .
. . . . § 849.15 prohibits the possession of a machine or device which, under F.S. § 849.16, “. . . is one . . .
. . . information under the following provisions of the Florida Statutes: ****** (24) Section 849.09, s. 849.14, s. 849.15 . . .
. . . Section 849.15 makes it unlawful to own a slot machine. . . .
. . . Section 849.09, s. 849.14, s. 849.15, s. 849.23, s. 849.24, or s. 849.25, relating to gambling. 24. . . .
. . . on Atalanta’s statement of account to Hackman’s Brazilian corporation c/o Lobster Account was $26,-849.15 . . .
. . . . $159,-849.15. . . .
. . . 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 . . .
. . . . § 849.15 et seq.] which prohibited the operation of the ‘one-armed bandit’ type slot machine) the popular . . .