Florida Statute 849.16 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 849
GAMBLING

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F.S. 849.16

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.

F.S. 849.16 on Google Scholar

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Amendments to 849.16

Arrestable Offenses / Crimes under Fla. Stat. 849.16

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 849.16.

Annotations, Discussions, Cases:

Cases Citing Statute 849.16

Total Results: 20

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

Court: Supreme Court of Florida | Date Filed: 2018-12-13

Citation: 259 So. 3d 765

Snippet: [allowance] [or] [thing of value]]. *791 § 849.16, Fla. Stat. A "slot machine or device"

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

Court: District Court of Appeal of Florida | Date Filed: 2018-08-30

Citation: 254 So. 3d 1113

Snippet: machine or device” as that term is defined in section 849.16(1), Florida Statutes (2015). For the following

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

Court: Supreme Court of Florida | Date Filed: 2017-05-18

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

Snippet: machine or device or any part thereof.”); see also §§ 849.16, .17-.21, Fla. Stat. (2013) (defining slot machines

Lucas Games Inc. v. Morris AR Associates, LLC

Court: District Court of Appeal of Florida | Date Filed: 2016-07-13

Citation: 197 So. 3d 1183, 2016 Fla. App. LEXIS 10762, 2016 WL 3745372

Snippet: machines were legal until April 10, 2013, when section 849.16, Florida Statutes (2013), was amended to proscribe

In Re: Standard Jury Instructions in Criminal Cases – Report No. 2013-06

Court: Supreme Court of Florida | Date Filed: 2014-11-26

Snippet: [or] [thing of value]]. § 849.16, Fla. Stat. A “slot machine or device” is

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

Court: Supreme Court of Florida | Date Filed: 2013-09-04

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

Snippet: [credit] [allowance] [or] [thing of value]]. § 849.16, Fla. Stat. A “slot machine or device” is a machine

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Court: Florida Attorney General Reports | Date Filed: 2011-07-19

Snippet: constitute slot machines as defined in section 849.16(1), Florida Statutes. Pursuant to section 849.15

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Court: Florida Attorney General Reports | Date Filed: 2008-07-08

Snippet: tickets after insertion of money violate section 849.16, Florida Statutes, such that their use would constitute

Rowe v. County of Duval

Court: District Court of Appeal of Florida | Date Filed: 2008-01-24

Citation: 975 So. 2d 526, 2008 WL 189899

Snippet: (2005). Accordingly, when interpreting section 849.16(1)(a)1., which creates an exception to this prohibition

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Court: Florida Attorney General Reports | Date Filed: 2007-11-07

Snippet: that satisfies the description provided in section 849.16, Florida Statutes. Section849.16 describes the

City of Melbourne v. Gervais

Court: District Court of Appeal of Florida | Date Filed: 2005-04-01

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

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

Delorme v. State

Court: District Court of Appeal of Florida | Date Filed: 2005-03-04

Citation: 895 So. 2d 1252, 2005 WL 497260

Snippet: from the provisions of F.S. 849.01, 849.15, and 849.16. Defendant's place of business operated in this

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

Court: Supreme Court of Florida | Date Filed: 2004-05-13

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

Snippet: (prohibiting ownership or use of slot machines); id. § 849.16(1) (defining “slot machine”). Accordingly, the

State v. Cyphers

Court: District Court of Appeal of Florida | Date Filed: 2004-05-12

Citation: 873 So. 2d 471, 2004 WL 1057797

Snippet: possession of any slot machine, defined in section 849.16(1), Florida Statutes (2003), as [a]ny machine or

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Court: Florida Attorney General Reports | Date Filed: 2004-03-24

Snippet: operation of any slot machine or device.2 Section 849.16(1), Florida Statutes, defines those machines which

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Court: Florida Attorney General Reports | Date Filed: 2002-09-30

Snippet: held that a slot machine, as defined in section 849.16, Florida Statutes, "is gambling paraphernalia subject

Advisory Opinion to the Attorney General

Court: Supreme Court of Florida | Date Filed: 2002-03-14

Citation: 813 So. 2d 98, 27 Fla. L. Weekly Supp. 243, 2002 Fla. LEXIS 433, 2002 WL 390016

Snippet: that "slot machines” are as defined by section 849.16(1), Florida Statutes; and (7) that there would

NVC Technology, Inc. v. Hunter

Court: District Court of Appeal of Florida | Date Filed: 2001-05-23

Citation: 799 So. 2d 221, 2001 Fla. App. LEXIS 7135

Snippet: within the definition of a slot machine in section 849.16, Florida Statutes (2000). This case does not involve

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Court: Florida Attorney General Reports | Date Filed: 1998-06-26

Snippet: destruction of slot machines as defined in section 849.16, Florida Statutes, be governed by the procedures

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Court: Florida Attorney General Reports | Date Filed: 1998-02-05

Snippet: a machine or device within the scope of section 849.16, Florida Statutes. 2. Whether the promotional sweepstakes