Florida Statutes

Fla. Stat. § 849.235 (2025)

Possession of certain gambling devices; defense.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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849.235 Possession of certain gambling devices; defense.—

(1) It is a defense to any action or prosecution under ss. 849.15-849.233 for the possession of any gambling device specified therein that the device is an antique slot machine and that it is not being used for gambling. For the purpose of this section, an antique slot machine is one which was manufactured at least 20 years prior to such action or prosecution.

(2) Notwithstanding any provision of this chapter to the contrary, upon a successful defense to a prosecution for the possession of a gambling device pursuant to the provisions of this section, the antique slot machine shall be returned to the person from whom it was seized.

History.—s. 1, ch. 78-22; s. 1, ch. 88-71.

Notes of Decisions

Cited in 5 cases, 1984–2018 · leading case: In Re Stand. Jury Instructions in Crim. Cases— Report No. 2013-06, 148 So. 3d 1204 (Fla. 2014).

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In Re Stand. Jury Instructions in Crim. Cases— Report No. 2013-06, 148 So. 3d 1204 (Fla. 2014). · cites it 2× “See § 849.235, Fla. Stat. This instruction was adopted in 2013 [ 122 So.”

In Re: Stand. Jury Instructions in Crim. Cases-Report 2018-10., 259 So. 3d 765 (Fla. 2018). · cites it 2× “See See § 849.235, Fla. Stat. This instruction was adopted in 2013 [ 122 So.”

Gretna Racing, LLC v. Florida Dep't of Bus. & Prof'l Reg., etc., 225 So. 3d 759 (Fla. 2017). · cites it 4× “ch a machine is “a prohibited slot machine,” providing for confiscation of slot machines by an arresting officer, providing for destruction of slot machines upon conviction, providing for no property rights in a confiscated machine, declaring slot machines and slot machine…”

Bale v. San Jose Police Dep't, 158 Cal. App. 3d 168 (Cal. Ct. App. 1984). “(See Fla. Stat. Ann. § 849.235 (Supp. 1984); 111.”

In Re: Stand. Jury Instructions in Crim. Cases – Report No. 2013-06 (Fla. 2014). · cites it 2× “See § 849.235, Fla. Stat. This instruction was adopted in 2013 [ 122 So.”

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