(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.
Structure Florida Statutes
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.
849.085 - 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.
849.092 - Motor Fuel Retail Business; Certain Activities Permitted.
849.0931 - Bingo Authorized; Conditions for Conduct; Permitted Uses of Proceeds; Limitations.
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.
849.26 - 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.
849.36 - 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.