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Florida Statute 849.235 - Full Text and Legal Analysis Florida Statute 849.235 | Lawyer Caselaw & Research
Fla. Stat. § 849.235 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
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.

Cases Citing F.S. 849.235

Fla. Stat. § 849.235 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
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·In Re Stand. Jury Instructions in Crim. Cases— Report No. 2013-06, 148 So. 3d 1204 (Fla. 2014).

Published | Supreme Court of Florida | 2014 WL 4636358

...2d DCA 1985). It is a defense to Possession of a Slot Machine if the device is an antique slot machine and is not being used for gambling. An antique slot machine is one which was manufactured at least 20 years prior to the prosecution. See § 849.235, Fla. Stat. This instruction was adopted in 2013 [122 So....
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In Re: Stand. Jury Instructions in Crim. Cases – Report No. 2013-06 (Fla. 2014).

Published | Supreme Court of Florida

...2d DCA 1985). It is a defense to Possession of a Slot Machine if the device is an antique slot machine and is not being used for gambling. An antique slot machine is one which was manufactured at least 20 years prior to the prosecution. See § 849.235, Fla. Stat. This instruction was adopted in 2013 [122 So....
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Gretna Racing, LLC v. Florida Dep't of Bus. & Prof'l Reg., etc., 225 So. 3d 759 (Fla. 2017).

Published | Supreme Court of Florida | 42 Fla. L. Weekly Supp. 593, 2017 WL 2210389, 2017 Fla. LEXIS 1084

injunction against such a nuisance); but see § 849.235, Fla. Stat. (2013) (providing a statutory defense
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In Re: Stand. Jury Instructions in Crim. Cases-Report 2018-10., 259 So. 3d 765 (Fla. 2018).

Published | Supreme Court of Florida

...2d DCA 1985). It is a defense to Possession of a Slot Machine if the device is an antique slot machine and is not being used for gambling. An antique slot machine is one which was manufactured at least 20 years prior to the prosecution. SeeSee § 849.235, Fla. Stat. This instruction was adopted in 2013 [122 So....
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Ago (Fla. Att'y Gen. 1994).

Published | Florida Attorney General Reports

...1982). 6 55 C.J.S. Manufactures pp. 670-671 (1948). 7 Webster's New Collegiate Dictionary 701 (1975). 8 The Random House Dictionary of the English Language 874 (unabridged edition 1967). 9 The only exception to this complete prohibition is contained in section 849.235 , Florida Statutes, which provides that it is a defense to any action or prosecution for violation of ss....

This Florida statute resource is curated by this site's author, a Jacksonville, Florida personal injury and workers' compensation attorney (Florida Bar No. 39104). For legal consultation, call 904-383-7448.