Florida Statute 849.235 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 849
GAMBLING

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F.S. 849.235

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.

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Amendments to 849.235

Arrestable Offenses / Crimes under Fla. Stat. 849.235

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 849.235.

Annotations, Discussions, Cases:

Cases Citing Statute 849.235

Total Results: 6

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: the prosecution. See See § 849.235, Fla. Stat. This instruction was adopted in

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: injunction against such a nuisance); but see § 849.235, Fla. Stat. (2013) (providing a statutory defense

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

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

Snippet: least 20 years prior to the prosecution. See § 849.235, Fla. Stat. This instruction was adopted

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES— REPORT NO. 2013-06

Court: Supreme Court of Florida | Date Filed: 2014-08-28

Citation: 148 So. 3d 1204, 2014 WL 4636358

Snippet: least 20 years prior to the prosecution. See § 849.235, Fla. Stat. This instruction was adopted in

Ago

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

Snippet: the requirements of the federal code. 8 Cf., s. 849.235, Fla. Stat., stating that it is a defense to any

Ago

Court: Florida Attorney General Reports | Date Filed: 1994-08-15

Snippet: this complete prohibition is contained in section 849.235, Florida Statutes, which provides that it is a