Florida Statutes

Fla. Stat. § 849.231 (2025)

Gambling devices; manufacture, sale, purchase or possession unlawful.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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849.231 Gambling devices; manufacture, sale, purchase or possession unlawful.—

(1) Except in instances when the following described implements or apparatus are being held or transported by authorized persons for the purpose of destruction, as hereinafter provided, and except in instances when the following described instruments or apparatus are being held, sold, transported, or manufactured by persons who have registered with the United States Government pursuant to the provisions of Title 15 of the United States Code, ss. 1171 et seq., as amended, so long as the described implements or apparatus are not displayed to the general public, sold for use in Florida, or held or manufactured in contravention of the requirements of 15 U.S.C. ss. 1171 et seq., it shall be unlawful for any person to manufacture, sell, transport, offer for sale, purchase, own, or have in his or her possession any roulette wheel or table, faro layout, crap table or layout, chemin de fer table or layout, chuck-a-luck wheel, bird cage such as used for gambling, bolita balls, chips with house markings, or any other device, implement, apparatus, or paraphernalia ordinarily or commonly used or designed to be used in the operation of gambling houses or establishments, excepting ordinary dice and playing cards.

(2) In addition to any other penalties provided for the violation of this section, any occupational license held by a person found guilty of violating this section shall be suspended for a period not to exceed 5 years.

(3) This section and s. 849.05 do not apply to a vessel of foreign registry or a vessel operated under the authority of a country except the United States, while docked in this state or transiting in the territorial waters of this state.

History.—s. 1, ch. 29665, 1955; s. 9, ch. 74-385; s. 1, ch. 77-174; s. 2, ch. 87-255; s. 1372, ch. 97-102.

Arrestable Offenses under F.S. 849.231

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd

§849.231GAMBLING DEVICE-POSSESSPOSSESS GAMBLING DEVICE/PARAPHERNALIAM · 1st

Notes of Decisions

Cited in 6 cases, 1978–2001 · leading case: Schultz v. State, 361 So. 2d 416 (Fla. 1978).

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Schultz v. State, 361 So. 2d 416 (Fla. 1978). · cites it 14× “This cause is before us on direct appeal to review the judgments of the County Court of Orange County upholding the constitutionality of Section 849.231, Florida Statutes (1975), which makes the manufacture, sale, purchase or possession of gambling devices unlawful.”

Dep't of Bus. Reg., Div. of Alcoholic Beverages & Tobacco v. Rains, 477 So. 2d 1029 (Fla. 2d DCA 1985). · cites it 2× “231 could be innocent in nature; therefore, they could not be constitutionally regarded as gambling paraphernalia unless modified by the statutory language “ordinarily or commonly used or designed to be used in the operation of gambling houses or establishments.”

Butterworth v. Tropic Casino Cruises, Inc., 796 So. 2d 1283 (Fla. 5th DCA 2001). · cites it 12× “(commonly known as the "Johnson Act"), and state law, as provided in Fla. Stat. § 849.231 . The Johnson Act generally prohibits manufacture, transport, possession and use of gambling devices in interstate and foreign commerce, but provides for certain exceptions.”

Hall v. State, 460 So. 2d 428 (Fla. 1st DCA 1984). · cites it 4× “,” and section 849.231 makes it a first degree misdemean- or to possess gambling paraphernalia.”

Love v. State, 584 So. 2d 645 (Fla. 3d DCA 1991). · cites it 2× ““This is an appeal that arises from the granting of the Defendant’s (Appellee) Motion to Dismiss the State’s Information wherein the Defendant asserted that the Information which charged the Defendant with unlawful possession of a blackjack table in violation of Section 849.231,…”

State v. Love, 47 Fla. Supp. 2d 48 (Fla. Cir. Ct. 1991). · cites it 2× “This is an appeal that arises from the granting of the Defendant’s (Appellee) Motion to Dismiss the State’s Information wherein the Defendant asserted that the Information which charged the Defendant with unlawful possession of a blackjack table in violation of Section 849.231,…”

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