The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES

Chapter 849
GAMBLING

View Entire Chapter

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.

F.S. 849.235 on Google Scholar

F.S. 849.235 on Casetext

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 from cite.case.law:

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 259 So. 3d 765 (Fla. 2018)

. . . See See § 849.235, Fla. Stat. . . .

GRETNA RACING, LLC, v. FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,, 225 So. 3d 759 (Fla. 2017)

. . . locations a nuisance, and providing a cause of action for an injunction against such a nuisance); but see § 849.235 . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES REPORT NO., 148 So. 3d 1204 (Fla. 2014)

. . . See § 849.235, Fla. Stat. . . .