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The 2025 Florida Statutes
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F.S. 849.16849.16 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.
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Annotations, Discussions, Cases:
Cases Citing Statute 849.16
Total Results: 24
122 So. 3d 302, 38 Fla. L. Weekly Supp. 618, 2013 Fla. LEXIS 1894, 2013 WL 4734573
Supreme Court of Florida | Filed: Sep 4, 2013 | Docket: 60234661
Cited 5 times | Published
[credit] [allowance] [or] [thing of value]].
§ 849.16, Fla. Stat.
A “slot machine or device” is a machine
873 So. 2d 471, 2004 WL 1057797
District Court of Appeal of Florida | Filed: May 12, 2004 | Docket: 1452028
Cited 2 times | Published
possession of any slot machine, defined in section 849.16(1), Florida Statutes (2003), as
[a]ny machine
10 So. 2d 917, 152 Fla. 138, 1942 Fla. LEXIS 721
Supreme Court of Florida | Filed: Dec 22, 1942 | Docket: 3273101
Cited 2 times | Published
Chapter 20956, Laws of Florida, Acts of 1941?"
Section 849.16 Fla. Statutes, 1941, provides: "849.16. Machines
254 So. 3d 1113
District Court of Appeal of Florida | Filed: Aug 30, 2018 | Docket: 7775009
Cited 1 times | Published
machine or device” as
that term is defined in section 849.16(1), Florida Statutes (2015).
For the following
949 F. Supp. 2d 1221, 2013 U.S. Dist. LEXIS 78341, 2013 WL 2433226
District Court, S.D. Florida | Filed: Jun 4, 2013 | Docket: 65991705
Cited 1 times | Published
these senior citizens is threatened by Fla. Stat. § 849.16(l)(a). .Am. Compl. [DE 20] ¶ 3.5.
. Although
975 So. 2d 526, 2008 WL 189899
District Court of Appeal of Florida | Filed: Jan 24, 2008 | Docket: 5501
Cited 1 times | Published
Stat. (2005). Accordingly, when interpreting section 849.16(1)(a)1., which creates an exception to this
259 So. 3d 765
Supreme Court of Florida | Filed: Dec 13, 2018 | Docket: 8402541
Published
[allowance] [or] [thing of value]].
*791
§ 849.16, Fla. Stat.
A "slot machine or device"
197 So. 3d 1183, 2016 Fla. App. LEXIS 10762, 2016 WL 3745372
District Court of Appeal of Florida | Filed: Jul 13, 2016 | Docket: 60256169
Published
machines were legal until April 10, 2013, when section 849.16, Florida Statutes (2013), was amended to proscribe
Supreme Court of Florida | Filed: Nov 26, 2014 | Docket: 2609569
Published
[or]
[thing of value]].
§ 849.16, Fla. Stat.
A “slot machine or device” is
28 F. Supp. 3d 1272, 2014 WL 2959455, 2014 U.S. Dist. LEXIS 91252
District Court, S.D. Florida | Filed: Mar 3, 2014 | Docket: 64295776
Published
and usage (Counts II & III);
(iii) Fla. Stat. § 849.16 prohibits commercial speech in violation of the
984 F. Supp. 2d 1318, 2013 WL 6086031, 2013 U.S. Dist. LEXIS 165790
District Court, S.D. Florida | Filed: Nov 13, 2013 | Docket: 65995783
Published
Promotions (Counts III & IV);
(in) Fla. Stat. § 849.16 prohibits commercial speech in violation of the
Florida Attorney General Reports | Filed: Jul 19, 2011 | Docket: 3257635
Published
appear to constitute slot machines as defined in section 849.16(1), Florida Statutes.
Pursuant to section 849
Florida Attorney General Reports | Filed: Jul 8, 2008 | Docket: 3255385
Published
bingo" tickets after insertion of money violate section 849.16, Florida Statutes, such that their use would
Florida Attorney General Reports | Filed: Nov 7, 2007 | Docket: 3257607
Published
that satisfies the description provided in section 849.16, Florida Statutes. Section849.16 describes
880 So. 2d 522, 29 Fla. L. Weekly Supp. 233, 2004 Fla. LEXIS 667, 2004 WL 1064930
Supreme Court of Florida | Filed: May 13, 2004 | Docket: 64832253
Published
(prohibiting ownership or use of slot machines); id. § 849.16(1) (defining “slot machine”). Accordingly, the
Florida Attorney General Reports | Filed: Mar 24, 2004 | Docket: 3256278
Published
the operation of any slot machine or device.2 Section 849.16(1), Florida Statutes, defines those machines
Florida Attorney General Reports | Filed: Sep 30, 2002 | Docket: 3258326
Published
court held that a slot machine, as defined in section 849.16, Florida Statutes, "is gambling paraphernalia
813 So. 2d 98, 27 Fla. L. Weekly Supp. 243, 2002 Fla. LEXIS 433, 2002 WL 390016
Supreme Court of Florida | Filed: Mar 14, 2002 | Docket: 64814101
Published
(6) that "slot machines” are as defined by section 849.16(1), Florida Statutes; and (7) that there would
799 So. 2d 221, 2001 Fla. App. LEXIS 7135, 2001 WL 539594
District Court of Appeal of Florida | Filed: May 23, 2001 | Docket: 64809970
Published
within the definition of a slot machine in section 849.16, Florida Statutes (2000). This case does not
Florida Attorney General Reports | Filed: Jun 26, 1998 | Docket: 3256939
Published
destruction of slot machines as defined in section 849.16, Florida Statutes, be governed by the procedures
Florida Attorney General Reports | Filed: Feb 5, 1998 | Docket: 3258055
Published
is a machine or device within the scope of section 849.16, Florida Statutes.
2. Whether the promotional
Florida Attorney General Reports | Filed: Apr 18, 1995 | Docket: 3257419
Published
the operation of any slot machine or device.1
Section 849.16, Florida Statutes, defines slot machine or
Florida Attorney General Reports | Filed: Aug 15, 1994 | Docket: 3255157
Published
establishments."
A slot machine, as defined by section 849.16, does not have the quality of possible innocence
477 So. 2d 1029, 10 Fla. L. Weekly 2202, 1985 Fla. App. LEXIS 15920
District Court of Appeal of Florida | Filed: Sep 20, 1985 | Docket: 64615176
Published
machine is not a slot machine as defined in section 849.16, Florida Statutes (1983). We take that to be
