Florida Statutes

Fla. Stat. § 877.08 (2025)

Coin-operated vending machines and parking meters; defined; prohibited acts, penalties.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

Find cases: SyfertCases citing this section FL-LEGleg.state.fl.us JustiaFla. Statutes CornellLII Search CasesGoogle Scholar

877.08 Coin-operated vending machines and parking meters; defined; prohibited acts, penalties.—

(1) A “coin-operated vending machine” or “parking meter,” for the purposes of this act, is defined to be any machine, contrivance, or device that is adapted for use in such a way that, as the result of the insertion of any piece of money, coin, or other object, the machine, contrivance, parking meter, or device is caused to operate or may be operated and by reason of such operation the user may become entitled to receive any food, drink, telephone or telegraph service, insurance protection, parking privilege or any other personal property, service, protection, right or privilege of any kind or nature whatsoever.

(2) Whoever maliciously or mischievously molests, opens, breaks, injures, damages, or inserts any part of her or his body or any instrument into any coin-operated vending machine or parking meter of another, shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(3) Whoever molests, opens, breaks, injures, damages, or inserts any part of her or his body or any instrument into any coin-operated vending machine or parking meter of another with intent to commit larceny is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(4) Whoever violates subsection (3) a second or subsequent time commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

History.—ss. 1, 2, 3, ch. 65-165; s. 1153, ch. 71-136; s. 1429, ch. 97-102; s. 16, ch. 2013-25.

Arrestable Offenses under F.S. 877.08

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd

§877.08(2)DAMAGE PROP-CRIM MISCHMALICIOUSLY MOLEST COIN OPERATED MACHINEM · 2nd

§877.08(3)LARCMOLEST COIN OPR MACHINE WIT LARCENY 1ST OFFM · 2nd

§877.08(4)LARCRENUMBERED. SEE REC # 7561F · 3rd

§877.08(4)LARCMOLEST COIN OPR MACHINE WIT LARCENY 2ND SUBSQF · 3rd

Notes of Decisions

Cited in 12 cases, 1972–2015 · leading case: Ingraham v. State, 32 So. 3d 761 (Fla. 2d DCA 2010).

Sort: Relevance Newest Treatment

Ingraham v. State, 32 So. 3d 761 (Fla. 2d DCA 2010). · cites it 15× “THE DEFECT IN THE INFORMATION Section 877.08 defines offenses relating to coin-operated vending machines and parking meters.”

Polite v. State, 973 So. 2d 1107 (Fla. 2007). · cites it 2× “The State charged Polite with second-degree misdemeanor tampering with coin-operated vending machines and parking meters under section 877.08(3), Florida Statutes (2002), and third-degree felonious resisting an officer with violence under section 843.”

Brehm v. State, 427 So. 2d 825 (Fla. 3d DCA 1983). · cites it 5× “The defendant was charged and convicted of ten counts of violating Section 877.08, Florida Statutes (1981). [1] The sentencing phase brought to the court's attention that the same defendant had been previously convicted of the same offense; to wit: tampering with parking meters.”

Seese v. State, 955 So. 2d 1145 (Fla. 4th DCA 2007). “12 (§ 877.08(2), vending machine tampering or damaging).”

Desin v. State, 414 So. 2d 516 (Fla. 1982). · cites it 3× “(1981) (theft, obtaining or using the property of another with intent to deprive the other of the property); § 877.08, Fla.Stat. (1981) (tampering with a coin-operated vending machine).”

C.N. v. State, 49 So. 3d 831 (Fla. 2d DCA 2010). · cites it 2× “, a juvenile, was charged with disorderly conduct, § 877.08, Fla. Stat. (2008), and resisting an officer without violence, § 843.”

S.S., a child v. State, 154 So. 3d 1217 (Fla. 4th DCA 2015). · cites it 2× “” The trial court relied on the disorderly conduct statute, section 877.08, Florida Statutes (2013), by stating, “So, the ‘affect the peace and the quiet of persons who may witness them’ is what I’m going under.”

Phillips v. State, 438 So. 2d 886 (Fla. 1st DCA 1983). “State, 397 So.2d 406 (Fla. 5th DCA 1981) [information captioned "Grand Theft" under § 812.”

Brehm v. State, 495 So. 2d 253 (Fla. 3d DCA 1986). · cites it 2× “We reject, without further discussion, the defendant’s claim that because these were his eleventh and twelfth convictions for tampering with a parking meter, it was improper to sentence him as a second offender under Section 877.08(4), Florida Statutes (1983).”

High v. State, 260 So. 2d 549 (Fla. 2d DCA 1972). · cites it 2× “Of course, High may be guilty of taking money from a coin-operated vending machine pursuant to Fla.Stat. § 877.08, F.S.A. or an attempt to do so, but this record does not disclose a violation of Fla.”

Garcia v. State, 143 So. 3d 1105 (Fla. 2d DCA 2014). · cites it 2× “2d DCA 2010) (holding that failure to instruct on the element of intent to commit larceny in a prosecution for vending machine theft under section 877.08(3), Florida Statutes (2004), was not fundamental error because the only disputed element at trial was the identity of the…”

J.R. v. State, 831 So. 2d 790 (Fla. 5th DCA 2002). · cites it 2× “13, Florida Statutes, and malicious damage to a vending machine pursuant to section 877.08(2), Florida Statutes (2001), constitute a double jeopardy violation.”

— 877.08(2) — 3 cases

Ingraham v. State, 32 So. 3d 761 (Fla. 2d DCA 2010). “THE DEFECT IN THE INFORMATION Section 877.08 defines offenses relating to coin-operated vending machines and parking meters.”

Seese v. State, 955 So. 2d 1145 (Fla. 4th DCA 2007). “12 (§ 877.08(2), vending machine tampering or damaging).”

J.R. v. State, 831 So. 2d 790 (Fla. 5th DCA 2002). “13, Florida Statutes, and malicious damage to a vending machine pursuant to section 877.08(2), Florida Statutes (2001), constitute a double jeopardy violation.”

— 877.08(3) — 4 cases

Polite v. State, 973 So. 2d 1107 (Fla. 2007). “The State charged Polite with second-degree misdemeanor tampering with coin-operated vending machines and parking meters under section 877.08(3), Florida Statutes (2002), and third-degree felonious resisting an officer with violence under section 843.”

Ingraham v. State, 32 So. 3d 761 (Fla. 2d DCA 2010). “THE DEFECT IN THE INFORMATION Section 877.08 defines offenses relating to coin-operated vending machines and parking meters.”

Brehm v. State, 427 So. 2d 825 (Fla. 3d DCA 1983). “The defendant was charged and convicted of ten counts of violating Section 877.08, Florida Statutes (1981). [1] The sentencing phase brought to the court's attention that the same defendant had been previously convicted of the same offense; to wit: tampering with parking meters.”

Garcia v. State, 143 So. 3d 1105 (Fla. 2d DCA 2014). “2d DCA 2010) (holding that failure to instruct on the element of intent to commit larceny in a prosecution for vending machine theft under section 877.08(3), Florida Statutes (2004), was not fundamental error because the only disputed element at trial was the identity of the…”

— 877.08(4) — 2 cases

Ingraham v. State, 32 So. 3d 761 (Fla. 2d DCA 2010). “THE DEFECT IN THE INFORMATION Section 877.08 defines offenses relating to coin-operated vending machines and parking meters.”

Brehm v. State, 495 So. 2d 253 (Fla. 3d DCA 1986). “We reject, without further discussion, the defendant’s claim that because these were his eleventh and twelfth convictions for tampering with a parking meter, it was improper to sentence him as a second offender under Section 877.08(4), Florida Statutes (1983).”

— 877.08(8) — 1 case

Ingraham v. State, 32 So. 3d 761 (Fla. 2d DCA 2010). “THE DEFECT IN THE INFORMATION Section 877.08 defines offenses relating to coin-operated vending machines and parking meters.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.