Florida Statutes

Fla. Stat. § 849.16 (2025)

Machines or devices which come within provisions of law defined.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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849.16 Machines or devices which come within provisions of law defined.—

(1) As used in this chapter, the term “slot machine or device” means any machine or device or system or network of devices that is adapted for use in such a way that, upon activation, which may be achieved by, but is not limited to, the insertion of any piece of money, coin, account number, code, or other object or information, such device or system is directly or indirectly caused to operate or may be operated and if the user, whether by application of skill or by reason of any element of chance or any other outcome unpredictable by the user, may:

(a) Receive or become entitled to receive any piece of money, credit, allowance, or thing of value, or any check, slug, token, or memorandum, whether of value or otherwise, which may be exchanged for any money, credit, allowance, or thing of value or which may be given in trade; or

(b) Secure additional chances or rights to use such machine, apparatus, or device, even though the device or system may be available for free play or, in addition to any element of chance or unpredictable outcome of such operation, may also sell, deliver, or present some merchandise, indication of weight, entertainment, or other thing of value. The term “slot machine or device” includes, but is not limited to, devices regulated as slot machines pursuant to chapter 551.

(2) This chapter may not be construed, interpreted, or applied to the possession of a reverse vending machine. As used in this section, the term “reverse vending machine” means a machine into which empty beverage containers are deposited for recycling and which provides a payment of money, merchandise, vouchers, or other incentives. At a frequency less than upon the deposit of each beverage container, a reverse vending machine may pay out a random incentive bonus greater than that guaranteed payment in the form of money, merchandise, vouchers, or other incentives. The deposit of any empty beverage container into a reverse vending machine does not constitute consideration, and a reverse vending machine may not be deemed a slot machine as defined in this section.

(3) There is a rebuttable presumption that a device, system, or network is a prohibited slot machine or device if it is used to display images of games of chance and is part of a scheme involving any payment or donation of money or its equivalent and awarding anything of value.

History.—s. 2, ch. 18143, 1937; CGL 1940 Supp. 4151(405-b); s. 1, ch. 67-203; s. 1, ch. 77-275; s. 2, ch. 84-247; s. 3, ch. 89-176; s. 1368, ch. 97-102; s. 4, ch. 2013-2.

Notes of Decisions

Cited in 18 cases, 1942–2018 · leading case: Incredible Investments, LLC v. Fernandez-Rundle, 984 F. Supp. 2d 1318 (S.D. Fla. 2013).

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Incredible Investments, LLC v. Fernandez-Rundle, 984 F. Supp. 2d 1318 (S.D. Fla. 2013). · cites it 75× “internet usage, unless it nationally advertises its Game Promotions (Counts III & IV); (in) Fla. Stat. § 849.16 prohibits commercial speech in violation of the First Amendment of the Constitution and Art.”

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 20× “§ 849.16, Fla. Stat. (2015) (emphasis added).”

Incredible Investments, LLC v. Fernandez-Rundle, 28 F. Supp. 3d 1272 (S.D. Fla. 2014). · cites it 59× “, internet access and usage (Counts II & III); (iii) Fla. Stat. § 849.16 prohibits commercial speech in violation of the First Amendment of the Constitution and Art.”

In re Stand. Jury Instructions in Crim. Cases—Report 2012-07, 122 So. 3d 302 (Fla. 2013). · cites it 2× “§ 849.16, Fla. Stat. A “slot machine or device” is a machine or device that is adapted for use in such a way that, as a result of the insertion of any piece of money, coin, or other object, such machine or device is caused to operate or may be operated and if the user, by reason…”

Lucas Games Inc. v. Morris AR Assocs., LLC, 197 So. 3d 1183 (Fla. 4th DCA 2016). · cites it 7× “] § 849.16, Fla. Stat. . Following the entry of summary judgment, section 849.”

Dep't of Bus. Reg., Div. of Alcoholic Beverages & Tobacco v. Rains, 477 So. 2d 1029 (Fla. 2d DCA 1985). · cites it 3× “At the outset, we note that the appellees present no argument that the machine is not a slot machine as defined in section 849.16, Florida Statutes (1983). We take that to be a tacit admission that it is.”

State v. Cyphers, 873 So. 2d 471 (Fla. 2d DCA 2004). · cites it 2× “15 prohibits possession of any slot machine, defined in section 849.16(1), Florida Statutes (2003), as [a]ny machine or device .”

NVC Tech., Inc. v. Hunter, 799 So. 2d 221 (Fla. 2d DCA 2001). · cites it 2× “At issue is whether the machines operated “by reason of any element of chance” so as tp fall within the definition of a slot machine in section 849.16, Florida Statutes (2000). This case does not involve the clear and convincing evidence standard set forth in Department of Law…”

Advisory Opinion to the Attorney Gen., 813 So. 2d 98 (Fla. 2002). · cites it 2× “003; (4) that the ballot summary refers only to "educational programs,” while the text of the amendment includes "classroom construction, educational programs, and teachers’ salaries and benefits”; (5) that the voters, having authorized slot machines in their county, either will…”

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). “§ 849.16(1) (defining “slot machine”). Accordingly, the proposed amendment does not amend the lottery provisions of the state’s constitution.”

In Re: Stand. Jury Instructions in Crim. Cases-Report 2018-10., 259 So. 3d 765 (Fla. 2018). · cites it 5× “*791 § 849.16, Fla. Stat. A "slot machine or device" is a machine or device or system or network of devices that is adapted for use in such a way that, upon activation, which may be achieved by, but is not limited to, the insertion of any piece of money, coin, account number,…”

Rowe v. Cnty. of Duval, 975 So. 2d 526 (Fla. 1st DCA 2008). “Accordingly, when interpreting section 849.16(1)(a)1., which creates an exception to this prohibition for amusement games or machines at arcade amusement centers which operate by means of "insertion of a coin," we are obligated to narrowly construe this exception.”

Show all 18 citing cases →

— 849.16(1) — 4 cases

Gator Coin II, Inc., a Florida Corp. v. Florida Dept. Bus. & Prof'l Reg. etc., 254 So. 3d 1113 (Fla. 1st DCA 2018). “§ 849.16, Fla. Stat. (2015) (emphasis added).”

State v. Cyphers, 873 So. 2d 471 (Fla. 2d DCA 2004). “15 prohibits possession of any slot machine, defined in section 849.16(1), Florida Statutes (2003), as [a]ny machine or device .”

Advisory Opinion to the Attorney Gen., 813 So. 2d 98 (Fla. 2002). “003; (4) that the ballot summary refers only to "educational programs,” while the text of the amendment includes "classroom construction, educational programs, and teachers’ salaries and benefits”; (5) that the voters, having authorized slot machines in their county, either will…”

— 849.16(1)(a) — 1 case

— 849.16(1)(b) — 2 cases

In Re: Stand. Jury Instructions in Crim. Cases-Report 2018-10., 259 So. 3d 765 (Fla. 2018). “*791 § 849.16, Fla. Stat. A "slot machine or device" is a machine or device or system or network of devices that is adapted for use in such a way that, upon activation, which may be achieved by, but is not limited to, the insertion of any piece of money, coin, account number,…”

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

— 849.16(3) — 5 cases

Incredible Investments, LLC v. Fernandez-Rundle, 984 F. Supp. 2d 1318 (S.D. Fla. 2013). “internet usage, unless it nationally advertises its Game Promotions (Counts III & IV); (in) Fla. Stat. § 849.16 prohibits commercial speech in violation of the First Amendment of the Constitution and Art.”

Incredible Investments, LLC v. Fernandez-Rundle, 28 F. Supp. 3d 1272 (S.D. Fla. 2014). “, internet access and usage (Counts II & III); (iii) Fla. Stat. § 849.16 prohibits commercial speech in violation of the First Amendment of the Constitution and Art.”

Gator Coin II, Inc., a Florida Corp. v. Florida Dept. Bus. & Prof'l Reg. etc., 254 So. 3d 1113 (Fla. 1st DCA 2018). “§ 849.16, Fla. Stat. (2015) (emphasis added).”

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

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