Florida Statute 849.235 - Full Text and Legal Analysis

The 2025 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

Annotations, Discussions, Cases:

Cases Citing Statute 849.235

Total Results: 5

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

259 So. 3d 765

Supreme Court of Florida | Filed: Dec 13, 2018 | Docket: 8402541

Published

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

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

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

Supreme Court of Florida | Filed: May 18, 2017 | Docket: 6063847

Published

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

Supreme Court of Florida | Filed: Nov 26, 2014 | Docket: 2609569

Published

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

148 So. 3d 1204, 2014 WL 4636358

Supreme Court of Florida | Filed: Aug 28, 2014 | Docket: 1171080

Published

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

Ago

Florida Attorney General Reports | Filed: Aug 15, 1994 | Docket: 3255157

Published

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