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Florida Statute 849.16 | Lawyer Caselaw & Research
F.S. 849.16 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 849.16

The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 849
GAMBLING
View Entire Chapter
F.S. 849.16
849.16 Machines or devices which come within provisions of law defined.
(1) As used in this chapter, the term “slot machine or device” means any machine or device or system or network of devices that is adapted for use in such a way that, upon activation, which may be achieved by, but is not limited to, the insertion of any piece of money, coin, account number, code, or other object or information, such device or system is directly or indirectly caused to operate or may be operated and if the user, whether by application of skill or by reason of any element of chance or any other outcome unpredictable by the user, may:
(a) Receive or become entitled to receive any piece of money, credit, allowance, or thing of value, or any check, slug, token, or memorandum, whether of value or otherwise, which may be exchanged for any money, credit, allowance, or thing of value or which may be given in trade; or
(b) Secure additional chances or rights to use such machine, apparatus, or device, even though the device or system may be available for free play or, in addition to any element of chance or unpredictable outcome of such operation, may also sell, deliver, or present some merchandise, indication of weight, entertainment, or other thing of value. The term “slot machine or device” includes, but is not limited to, devices regulated as slot machines pursuant to chapter 551.
(2) This chapter may not be construed, interpreted, or applied to the possession of a reverse vending machine. As used in this section, the term “reverse vending machine” means a machine into which empty beverage containers are deposited for recycling and which provides a payment of money, merchandise, vouchers, or other incentives. At a frequency less than upon the deposit of each beverage container, a reverse vending machine may pay out a random incentive bonus greater than that guaranteed payment in the form of money, merchandise, vouchers, or other incentives. The deposit of any empty beverage container into a reverse vending machine does not constitute consideration, and a reverse vending machine may not be deemed a slot machine as defined in this section.
(3) There is a rebuttable presumption that a device, system, or network is a prohibited slot machine or device if it is used to display images of games of chance and is part of a scheme involving any payment or donation of money or its equivalent and awarding anything of value.
History.s. 2, ch. 18143, 1937; CGL 1940 Supp. 4151(405-b); s. 1, ch. 67-203; s. 1, ch. 77-275; s. 2, ch. 84-247; s. 3, ch. 89-176; s. 1368, ch. 97-102; s. 4, ch. 2013-2.

F.S. 849.16 on Google Scholar

F.S. 849.16 on Casetext

Amendments to 849.16


Arrestable Offenses / Crimes under Fla. Stat. 849.16
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 849.16.



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, Fla. Stat. . . . Give if applicable. §§ 849.16(1)(b), 551.102(8), Fla. Stats. . . . Give if applicable. § 849.16(3), Fla. Stat. . . .

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)

. . . Sky Games Version 67 (Version 67) is a "slot machine or device" as that term is defined in section 849.16 . . . seeking a declaration that Version 67 is not an illegal slot machine pursuant to sections 849.15 and 849.16 . . . In section 849.16, the term "slot machine or device" is defined and a rebuttable presumption is created . . . See § 849.16(1), Fla. Stat. . . . See § 849.16, Fla. Stat. (1997) ; see also Ch. 13-2, § 4, Laws of Fla. (2013). . . .

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

. . . .”); see also §§ 849.16, .17-.21, Fla. . . .

LUCAS GAMES INC. a a k a d b a v. MORRIS AR ASSOCIATES, LLC a, 197 So. 3d 1183 (Fla. Dist. Ct. App. 2016)

. . . The computerized slot machines were legal until April 10, 2013, when section 849.16, Florida Statutes . . . Following the amendment to section 849.16, Vegas Fun closed its doors and vacated the premises. . . . responded that their performance under the lease should be excused, since the amendment to section 849.16 . . . The parties do not dispute that the amendment to section 849.16 rendered the types of games operated . . . or otherwise, which may be exchanged for any ... thing of value or which may be given in trade[.] § 849.16 . . .

INCREDIBLE INVESTMENTS, LLC, v. FERNANDEZ- RUNDLE,, 28 F. Supp. 3d 1272 (S.D. Fla. 2014)

. . . . §§ 849.094 & 849.16 (2013). . . . Stat. §§ 849.094 & 849.16. Plaintiff seeks a declaratory judgment that Fla. . . . . §§ 849.094 & 849.16 are unconstitutional under the following theories. (i)Fla. . . . Stat. § 849.16 violates the First Amendment of the Constitution and. Art. . . . The allegations center on the scope of Section 849.16 and Plaintiff alleges that Section 849.16 bans . . .

INCREDIBLE INVESTMENTS, LLC, v. FERNANDEZ- RUNDLE,, 984 F. Supp. 2d 1318 (S.D. Fla. 2013)

. . . . §§ 849.094 & 849.16 (2013). . . . Stat. §§ 849.094 & 849.16 (2013). . . . Stat. § 849.16 violates the First Amendment of the Constitution and Art. . . . alleges that Section 849.16 specifically targets its business practices. . . . Stat. § 849.16 imposes a ban on Plaintiffs Game Display. . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 122 So. 3d 302 (Fla. 2013)

. . . . § 849.16, Fla. Stat. . . .

BOARDWALK BROTHERS, INC. a FLA, LLC, a v. SATZ,, 949 F. Supp. 2d 1221 (S.D. Fla. 2013)

. . . . §§ 849.16 and 849.161 is “arbitrary, irrational, not reasonably related to a legitimate governmental . . . Stat. § 849.16(l)(a). .Am. Compl. [DE 20] ¶ 3.5. . . . .

CYBER ZONE E- CAFE, INC. a M. v. KING, Ed, 782 F. Supp. 2d 1331 (M.D. Fla. 2011)

. . . . §§ 849.15 and 849.16; and conducting an illegal lottery in violation of § 849.09, Florida Statutes. . . .

H. ROWE LLC, v. COUNTY OF DUVAL, a s, 975 So. 2d 526 (Fla. Dist. Ct. App. 2008)

. . . Accordingly, when interpreting section 849.16(l)(a)l., which creates an exception to this prohibition . . . exception, it was also required to address the safe harbor exception by renumbering section 849.161(1) to 849.16 . . .

E. NOELL, Jr. v. WHITE, L. M., 198 F. App'x 858 (11th Cir. 2006)

. . . . §§ 849.15 and 849.16, which, among other things, proscribe possessing or permitting the operation of . . . Stat. §§ 849.15 and 849.16. . . .

CITY OF MELBOURNE, v. GERVAIS,, 896 So. 2d 972 (Fla. Dist. Ct. App. 2005)

. . . the subject property constituted illegal gambling devices and paraphernalia as per sections 849.15, 849.16 . . . application to the instant machines which operate solely upon insertion of dollar bills; and Third, sections 849.16 . . .

DELORME, v. STATE, 895 So. 2d 1252 (Fla. Dist. Ct. App. 2005)

. . . public and tourists as a bona fide amusement facility from the provisions of F.S. 849.01, 849.15, and 849.16 . . . that the devices at issue are [sic] actually illegal slot machines or devices under s. 849.15 and s. 849.16 . . .

ADVISORY OPINION TO ATTORNEY GENERAL RE AUTHORIZES MIAMI- DADE AND BROWARD COUNTY VOTERS TO APPROVE SLOT MACHINES IN PARIMUTUEL FACILITIES, 880 So. 2d 522 (Fla. 2004)

. . . . § 849.16(1) (defining “slot machine”). . . .

STATE v. CYPHERS, 873 So. 2d 471 (Fla. Dist. Ct. App. 2004)

. . . Section 849.15 prohibits possession of any slot machine, defined in section 849.16(1), Florida Statutes . . .

ADVISORY OPINION TO ATTORNEY GENERAL RE AUTHORIZATION FOR COUNTY VOTERS TO APPROVE OR DISAPPROVE SLOT MACHINES WITHIN EXISTING PARI- MUTUEL FACILITIES, 813 So. 2d 98 (Fla. 2002)

. . . not have an opportunity to reconsider that vote; (6) that "slot machines” are as defined by section 849.16 . . .

In FORTY- SEVEN VIDEO REDEMPTION GAMES A Z U. S. NVC d b a d b a v., 799 So. 2d 221 (Fla. Dist. Ct. App. 2001)

. . . by reason of any element of chance” so as tp fall within the definition of a slot machine in section 849.16 . . .

CITY OF ST. PETERSBURG v. FT. ALUMININUM TWIN AXLE TRAILER,, 37 Fla. Supp. 2d 173 (Fla. Cir. Ct. 1989)

. . . bulldozers (a form of penny-fall machines), constitute gambling devices within the meaning of F.S. 849.16 . . . F.S. § 849.15 prohibits the possession of a machine or device which, under F.S. § 849.16, “. . . is one . . . requiring elements of skill, consist of more chance than skill, and are, therefore, violative of F.S. 849.16 . . .

DEPARTMENT OF BUSINESS REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO, v. RAINS d b a s Hi- Lo Up No., 477 So. 2d 1029 (Fla. Dist. Ct. App. 1985)

. . . that the appellees present no argument that the machine is not a slot machine as defined in section 849.16 . . . A slot machine, as defined by section 849.16, does not have the quality of possible innocence. . . .

G. ZEIDERS, v. CITY OF FORT LAUDERDALE,, 136 So. 2d 261 (Fla. Dist. Ct. App. 1962)

. . . See Sections 849.01, 849.05, 849.14-849.16, 901. 19, Fla.Stat.1941, F.S.A.; Kirk v. . . .

STATE v. LANO, 12 Fla. Supp. 108 (Dade Cty. Cir. Ct. 1957)

. . . owning or permitting the operation of coin-operated machines of the type declared illegal under section 849.16 . . . in addition to any element of chance or unpredictable outcome” deliver merchandise or entertainment. 849.16 . . . of the machines and in particular that the machines are illegal and improper as defined by section 849.16 . . . operation, possession or ownership of a coin machine that is legal and not contemplated by section 849.16 . . . of the information, if the machines were in fact illegal, within the definition set forth in section 849.16 . . .

TOM COOPER v. THE CITY OF MIAMI, 160 Fla. 656 (Fla. 1948)

. . . See Sections 849.01, 849.05, 849.14-849.16, 901.19, Fla. Stat. 1941, F.S.A.; Kirk v. . . .

DeWITT SINCLAIR, v. EARL BENTON, 152 Fla. 138 (Fla. 1942)

. . . Section 849.16 Fla. Statutes, 1941, provides: “849.16. . . . case, which is: Whether or not the provisions of Sec. 19, supra,, supersede the provisions of Section 849.16 . . . A machine of this sort is in terms condemned by Sec. 849.16 Fla. . . .