The 2023 Florida Statutes (including Special Session C)

Title XXXIII
REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS

Chapter 551
SLOT MACHINES

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F.S. 551.102

551.102 Definitions.—As used in this chapter, the term:

(1) “Commission” means the Florida Gaming Control Commission.

(2) “Designated slot machine gaming area” means the area or areas of a facility of a slot machine licensee in which slot machine gaming may be conducted in accordance with the provisions of this chapter.

(3) “Distributor” means any person who sells, leases, or offers or otherwise provides, distributes, or services any slot machine or associated equipment for use or play of slot machines in this state. A manufacturer may be a distributor within the state.

(4) “Eligible facility” means any licensed pari-mutuel facility located in Miami-Dade County or Broward County existing at the time of adoption of s. 23, Art. X of the State Constitution that has conducted live racing or games during calendar years 2002 and 2003 and has been approved by a majority of voters in a countywide referendum to have slot machines at such facility in the respective county; any licensed pari-mutuel facility located within a county as defined in s. 125.011, provided such facility has conducted live racing for 2 consecutive calendar years immediately preceding its application for a slot machine license, pays the required license fee, and meets the other requirements of this chapter; or any licensed pari-mutuel facility in any other county in which a majority of voters have approved slot machines at such facilities in a countywide referendum held pursuant to a statutory or constitutional authorization after the effective date of this section in the respective county, provided such facility has conducted a full schedule of live racing for 2 consecutive calendar years immediately preceding its application for a slot machine license, pays the required licensed fee, and meets the other requirements of this chapter.

(5) “Independent testing laboratory” means an independent laboratory:

(a) With demonstrated competence testing gaming machines and equipment;

(b) That is licensed by at least 10 other states; and

(6) “Manufacturer” means any person who manufactures, builds, rebuilds, fabricates, assembles, produces, programs, designs, or otherwise makes modifications to any slot machine or associated equipment for use or play of slot machines in this state for gaming purposes. A manufacturer may be a distributor within the state.

(7) “Nonredeemable credits” means slot machine operating credits that cannot be redeemed for cash or any other thing of value by a slot machine, kiosk, or the slot machine licensee and that are provided free of charge to patrons. Such credits do not constitute “nonredeemable credits” until such time as they are metered as credit into a slot machine and recorded in the facility-based monitoring system.

(8) “Progressive system” means a computerized system linking slot machines in one or more licensed facilities within this state or other jurisdictions and offering one or more common progressive payouts based on the amounts wagered.

(9) “Slot machine” means any mechanical or electrical contrivance, terminal that may or may not be capable of downloading slot games from a central server system, machine, or other device that, upon insertion of a coin, bill, ticket, token, or similar object or upon payment of any consideration whatsoever, including the use of any electronic payment system except a credit card or debit card, is available to play or operate, the play or operation of which, whether by reason of skill or application of the element of chance or both, may deliver or entitle the person or persons playing or operating the contrivance, terminal, machine, or other device to receive cash, billets, tickets, tokens, or electronic credits to be exchanged for cash or to receive merchandise or anything of value whatsoever, whether the payoff is made automatically from the machine or manually. The term includes associated equipment necessary to conduct the operation of the contrivance, terminal, machine, or other device. Slot machines may use spinning reels, video displays, or both. A slot machine is not a “coin-operated amusement machine” as defined in s. 212.02(24) or an amusement game or machine as described in s. 546.10, and slot machines are not subject to the tax imposed by s. 212.05(1)(h).

(10) “Slot machine facility” means a facility at which slot machines as defined in this chapter are lawfully offered for play.

(11) “Slot machine license” means a license issued by the commission authorizing a pari-mutuel permitholder to place and operate slot machines as provided by s. 23, Art. X of the State Constitution, the provisions of this chapter, and commission rules.

(12) “Slot machine licensee” means a pari-mutuel permitholder who holds a license issued by the commission pursuant to this chapter that authorizes such person to possess a slot machine within facilities specified in s. 23, Art. X of the State Constitution and allows slot machine gaming.

(13) “Slot machine operator” means a person employed or contracted by the owner of a licensed facility to conduct slot machine gaming at that licensed facility.

(14) “Slot machine revenues” means the total of all cash and property, except nonredeemable credits, received by the slot machine licensee from the operation of slot machines less the amount of cash, cash equivalents, credits, and prizes paid to winners of slot machine gaming.

History.—s. 1, ch. 2005-362; s. 1, ch. 2007-252; s. 19, ch. 2009-170; ss. 4, 5, ch. 2010-29; s. 2, ch. 2015-93; s. 4, ch. 2021-268; s. 47, ch. 2022-7.

F.S. 551.102 on Google Scholar

F.S. 551.102 on Casetext

Amendments to 551.102

Arrestable Offenses / Crimes under Fla. Stat. 551.102

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 551.102.

Annotations, Discussions, Cases:

Cases from cite.case.law:

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

. . . . §§ 849.16(1)(b), 551.102(8), Fla. Stats. . . .

GATOR COIN II, INC. a v. FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO, LLC, v. II, a, 254 So. 3d 1113 (Fla. App. Ct. 2018)

. . . . § 551.102(8), Fla. Stat. (2015) (emphasis added). . . .

WEST FLAGLER ASSOCIATES, LTD. v. STATE H T, 220 So. 3d 1239 (Fla. Dist. Ct. App. 2017)

. . . authorizing slot machines, article X, section 23, and the legislation implementing the amendment, section 551.102 . . . racing or gaming that first qualified the facility to become an “eligible facility” pursuant to section 551.102 . . . Question 2: Whether, pursuant [to] section 551.102(4), Florida Statutes, West Flagler may discontinue . . . X, sect. 23(a) of the Florida Constitution and in section 551.102(4), Florida Statutes.” . . .

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

. . . Yet the definition of “eligible facility” in section 551.102(4), Florida Statutes (2013), contemplates . . . pursuant to a statutory or constitutional authorization after the effective date of this section.” § 551.102 . . . because that “authorization” was adopted prior to the effective date of the third clause of section 551.102 . . . public importance this question: Whether the Legislature intended that the third clause of section 551.102 . . . Under the third clause of section 551.102(4), there must be “statutory or constitutional authorization . . . .” § 551.102(4), Fla. Stat. (2013). . . .

ADVISORY OPINION TO THE ATTORNEY GENERAL RE VOTER CONTROL OF GAMBLING Re FIS, 215 So. 3d 1209 (Fla. 2017)

. . . licenses previously issued pursuant to article X, section 23, of the Florida Constitution and section 551.102 . . .

GRETNA RACING, LLC, v. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,, 178 So. 3d 15 (Fla. Dist. Ct. App. 2016)

. . . But section 551.102(4), Florida Statutes (2006), does not contain the word “enacted.” “ ‘Usually, the . . . But that was the status quo before section 551.102(4) was amended (or, indeed, enacted). . . . Summarizing the ■ 2000 amendment to section 551.102(4), .the title to. . . . Chapter 2009-170 described its effect as: “amending s. 551.102, E.S.; redefining the terms ‘eligible . . . (4),.Gretna Racing is an “eligible facility,” as defined in section 551.102(4). . . . Judge’s Benton’s reading of section 551.102(4), Florida Statutes. . . . Plainly, the “after the effective date’of this section” language in section 551.102(4) modifies the immediately . . . therefore fully concur in those parts of Judge Makar’s opinion regarding the interpretation of section 551.102 . . . Judge Benton’s reading of the statute is his observation that the third clause of section of section 551.102 . . . See Ch. 2009-170, Laws of Florida, § 19 (amending section 551.102(4), Fla. Stat.). . . . Moreover, nothing in the language, structure, or history of slot machine legislation, including section 551.102 . . . : 551.102. . . . On this point, the Attorney General, recognizing the context in which section 551.102(4) was amended, . . . The administrative order, even if incorrect in its construction of section 551.102(4) is nevertheless . . .

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

. . . . §§ 8j.9.16(l)(b), 551.102(8), Fla. Stats. . . .

FLORIDA GAMING CENTERS, INC. a a v. FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, LLC, a a v. LLC, a, 71 So. 3d 226 (Fla. Dist. Ct. App. 2011)

. . . Appellants contend that the trial court erred in concluding that the Legislature’s 2009 amendment to section 551.102 . . . voters in a countywide referendum to have slot machines at such facility in the respective county. § 551.102 . . .

G. ABBEY, v. UNITED STATES,, 99 Fed. Cl. 430 (Fed. Cl. 2011)

. . . . § 551.102; see also 29 U.S.C. § 204(f); Billings v. . . .

H. GRANDITS, v. UNITED STATES,, 66 Fed. Cl. 519 (Fed. Cl. 2005)

. . . . § 551.102(a) (Jan. 1, 2005). OPM’s 1989 regulations, the year Mr. . . .

UNITED STATES v. CITY OF GARLAND, TEXAS,, 124 F. Supp. 2d 442 (N.D. Tex. 2000)

. . . . § 551.102 (Vernon 1994). . . .

E. HICKMAN, v. UNITED STATES,, 43 Fed. Cl. 424 (Fed. Cl. 1999)

. . . . § 551.102. . . .

UNITED STATES DEPARTMENT OF AIR FORCE, v. FEDERAL LABOR RELATIONS AUTHORITY,, 952 F.2d 446 (D.C. Cir. 1991)

. . . . § 551.102(d) and 5 C.F.R. § 550.101(a). . . . .

M. FRANK, v. D. McQUIGG,, 950 F.2d 590 (9th Cir. 1991)

. . . . § 551.102(b)(2) (1991). .This dismissal has not been appealed. . See supra note 2. . . . .

G. AMOS, v. UNITED STATES,, 13 Cl. Ct. 442 (Cl. Ct. 1987)

. . . engage a person in an activity that is for the benefit of an agency, as defined for this part.” 5 CFR § 551.102 . . .