Florida Statutes
Chapter 849 - Gambling
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.

Structure Florida Statutes

Florida Statutes

Title XLVI - Crimes

Chapter 849 - Gambling

849.01 - Keeping Gambling Houses, Etc.

849.02 - Agents or Employees of Keeper of Gambling House.

849.03 - Renting House for Gambling Purposes.

849.04 - Permitting Minors and Persons Under Guardianship to Gamble.

849.05 - Prima Facie Evidence.

849.07 - Permitting Gambling on Billiard or Pool Table by Holder of License.

849.08 - Gambling.

849.085 - Certain Penny-Ante Games Not Crimes; Restrictions.

849.086 - Cardrooms Authorized.

849.09 - Lottery Prohibited; Exceptions.

849.091 - Chain Letters, Pyramid Clubs, etc., Declared a Lottery; Prohibited; Penalties.

849.0915 - Referral Selling.

849.092 - Motor Fuel Retail Business; Certain Activities Permitted.

849.0931 - Bingo Authorized; Conditions for Conduct; Permitted Uses of Proceeds; Limitations.

849.0935 - Charitable, Nonprofit Organizations; Drawings by Chance; Required Disclosures; Unlawful Acts and Practices; Penalties.

849.094 - Game Promotion in Connection With Sale of Consumer Products or Services.

849.10 - Printing Lottery Tickets, etc., Prohibited.

849.11 - Plays at Games of Chance by Lot.

849.12 - Money and Prizes to Be Forfeited.

849.13 - Punishment on Second Conviction.

849.14 - Unlawful to Bet on Result of Trial or Contest of Skill, Etc.

849.141 - Bowling Tournaments Exempted From Chapter.

849.142 - Exempted Activities.

849.15 - Manufacture, Sale, Possession, etc., of Slot Machines or Devices Prohibited.

849.16 - Machines or Devices Which Come Within Provisions of Law Defined.

849.17 - Confiscation of Machines by Arresting Officer.

849.18 - Disposition of Machines Upon Conviction.

849.19 - Property Rights in Confiscated Machine.

849.20 - Machines and Devices Declared Nuisance; Place of Operation Subject to Lien for Fine.

849.21 - Injunction to Restrain Violation.

849.22 - Fees of Clerk of Circuit Court and Sheriff.

849.23 - Penalty for Violations of Ss. 849.15-849.22.

849.231 - Gambling Devices; Manufacture, Sale, Purchase or Possession Unlawful.

849.232 - Property Right in Gambling Devices; Confiscation.

849.233 - Penalty for Violation of S. 849.231.

849.235 - Possession of Certain Gambling Devices; Defense.

849.25 - “Bookmaking” Defined; Penalties; Exceptions.

849.251 - Wagering, Aiding, Abetting, or Conniving to Race or Wager on Greyhounds or Other Dogs; Penalty.

849.26 - Gambling Contracts Declared Void; Exception.

849.29 - Persons Against Whom Suits May Be Brought to Recover on Gambling Contracts.

849.30 - Plaintiff Entitled to Writs of Attachment, Garnishment and Replevin.

849.31 - Loser’s Testimony Not to Be Used Against Her or Him.

849.32 - Notice to State Attorney; Prosecution of Suit.

849.33 - Judgment and Collection of Money; Execution.

849.34 - Loser’s Judgment; Recovery of Property; Writ of Assistance.

849.35 - Definitions.

849.36 - Seizure and Forfeiture of Property Used in the Violation of Lottery and Gambling Statutes.

849.37 - Disposition and Appraisal of Property Seized Under This Chapter.

849.38 - Proceedings for Forfeiture; Notice of Seizure and Order to Show Cause.

849.39 - Delivery of Property to Claimant.

849.40 - Proceeding When No Claim Filed.

849.41 - Proceeding When Claim Filed.

849.42 - State Attorney to Represent State.

849.43 - Judgment of Forfeiture.

849.44 - Disposition of Proceeds of Forfeiture.

849.45 - Fees for Services.

849.46 - Exercise of Police Power.