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1619-2-3 FL General Laws-Election"determine issuance of licenses" • §§4151(404)-4151(405-a) FIRST DIVISION—TIT-'XI, CH. C. 308 Coin-operated devices. 4151(404). Election to determine issuance of licenses. Constitutionality: Provision forbidding Authorized vote of electors of county future licensing of slot machines in for purpose of determining whether fu- • counties where electors have voted ture licensing of slot machines in county 'against such licensing held constitu- should be permitted held to have sub- tional. State v. Harvey, 125 Fla. 742, stantial relation to provisions of Act - 170 So. 153. providing for licensing and taxing slot Operation of provision forbidding machines. Id. future licensing of slot machines in Operation of election: Elections held ,• counties where electors have voted under provision of slot machine Act,for against such licensing held constitu- bidding licensing of slot machines in tionable as causing lack of uniformity counties where electors vote against in taxing provision of Act, since tax such licensing, operate in future only provision of Act was not thereby re- and do not wipe out licenses outstanding pealed but there was then no propert9 until period taxed and paid for the en- in county on which tax provision could joyment of license has run. State v. operate. Id. Harvey, 125 Fla. 742, 170 So. 153. ylLvtN1 4151(405-a). Manufacture, sale, possession, etc., of coin-operated de.. 0\\CV� VOW? vices; agreements with reference to same.—It shall be unlawful: ri►N`� (a) To manufacture, own, store, keep, possess, sell, rent, lease, let on shares, lend or give away, transport, or expose for sale or lease, or to offer lg40 to sell, rent, lease, let on shares, lend or give away, or permit the operation of, or for any person to permit to be placed, maintained, or used or kept in any room, space, or building owned, leased or occupied by him or under his management or control, any slot machine or device or any part thereof as hereinafter defined; or (b) To make or to permit to be made with any person any agreement with reference to any slot machine or device, as hereinafter defined, pur suant to which the user thereof, as a result of any element of chance or other outcome unpredictable to him, may become entitled to receive any money, credit, allowance, or thing of value or additional chance or right to use such machine or device, or to receive any check, slug, token or memorandum entitling the holder to receive any money, credit, allowance,'` or thing of value. This law shall take effect and become operative on the 1st day of Octo- ber 1937. cto-ber1937. (Ch. 18143, Acts 1937, §§ 1, 12.) Constitutionality: Statute prohibiting coin- power. Eccles v. Stone, 134 Fla. 113, 1:1, operated devices adapted for use in such So. 628. a way that upon insertion of coin the As regards whether statute prohibit- machine could be operated, operator to ing slot machines and similar devices receive something of value depending adapted for use in such way that upon upon unpredictable outcome, which was insertion of coin the machine can be construable as prohibiting mere posses- operated, operator to receive something sion of such machines, was not uncon- of value depending upon unpredictable stitutional as applied to owners of ma- outcome, was needful for protection of C;: chines used for commercial purposes, moral welfare of community and con-: since statute as applied to such persons stituted valid exercise of police power, constituted valid exercise of police court would look to history back of en•''%, FIRST DIVISION—TITLE NI, CH. C. §4151(405-b) e309 Coin-operated devices. coy tutionaiity--continued. edge that lure to play slot machines e,oprior to enactment of prohibiting stat- e., actment and would take notice of those utes had become so great as to under- ';1 which were of common knowledge c, thing country. Id, mine morals of many and to lead to ' ti throng Statute held not unconstitutional for commission of, or indulgence g ce in, vices o and crime to procure coins with which i insufficiency of title. Pasternack v. Bennett, 190 So. 56. to play machines. Eccles v. Stone, 134 rmtnation of validity: Supreme Court Fla. 113, 183 So. 628. s - r Dem It is common knowledge that, purau- 4ct was not required to determine validity of statute prohibiting coin-operated de- ant to passage of statute prohibiting nes. '' coin-operated gambling devices, slot ma- , "' vices adapted for use in such way that chine faded away from public places upon insertion of coin the machine could and immediately in place thereof ap- land"` be operated, operator to receive some- geared mechanical races, marble pin :he thing of value depending on unpredicta- ble outcome, which was construable as games, and other coin-operated mechan- tate T ical devices, adapted and fit for fast, 53. , prohibiting mere possession of machine, P as applied to owner of machine kept easy gambling. Id. It is common knowledge that mechan- ted in owner's private residence for his g own amusement, where case before ical horse racing, marble pin games, and =: other coin-operated mechanical devices i ?e' Court involved ownership of machines are generallyused as ¢ let by party who used them for commer- gambling principal f and that gambling element is principal to o i cial purposes. Eccles v. Stone, 134 Fla. lure which causes them to be played in E ;)eratio+ 113, 183 So. 628. public. Id. or k::,' , Judicial notice: Supreme Court must take Penalty for violation of law: See § 1r un, judicial cognizance of common knowl- 8135(21). the r,:,,= 151 405-b . Same• machines or devices which come within"operation 4 ) pest i of law.—Any machine or device is a slot machine or device within the ; reementprovisions of this law if it is one that is adapted, for use in such a way >d, pur- that, as a result of the insertion of any piece of money or coin or other ance or object such machine or device is caused to operate or may be operated, 'ive any and by reason of any element of chance or of other outcome of such oper- or right ation unpredictable by him the user may receive or become entitled to k oken or receive any piece of money, credit, allowance or thing of value, or any lowance check, slug, token or memorandum, whether of:valueor otherwise, which may be exchanged for any money, credit, allowance or thing of value, of Octo-` or which may be given in trade, or the user may secure additional chances , ;: or rights to use such machine, apparatus or device, even though it may, 113, 183 in addition to any element of chance or unpredictable outcome of such ,i operation, also sell, deliver or present some merchandise, indication of 1: prohibit- weight, entertainment or other thing of value. (Id. § 2.) thattr e uponlces , Gambling: Under statute prohibiting slot term ''adapted." Weathers v. Williams, .• can be w, machines and similar devices adapted 133 Fla. 367, 182 So. 764. 1 ,1 P something for use in such way that upon insertion Under statute, machines which were predictableof coin the machine can be operated, operated by insertion of coin whereupon Aection of 1$ operator to receive something of value mechanical horse race progressed, out- : and con- , dependent on unpredictable outcome, it come of which was not predictable, i, ,lice power, is not essential that machine be used were within statute, notwithstanding back of . for gambling or gambling purposes to machines were in no way used for gam- bring it within statute, in view of bling; word "adapt" meaning to make E If I( I f, §§4151(405-c),4151(405-d) FIRST DIVISION—TIT. XI, CH. C. Coin-operated devices. Gambling—continued. coin the machine could be so operated suitable or to render fit by changing. that operator would receive something Id. of value depending on unpredictable Under statute, "pin ball" machines outcome, machines which were operated .' ' which were operated by insertion of coin by insertion of coin, whereupon marbles whereupon marbles or balls were pro- or balls were propelled by plunger in to contact certain bumpers pelted by a plunger, in attempt to con- attempt or tact certain points or fall into certain fall into certain depressions which en depressions which entitled player to titled operator to numerical score des- numerical es numerical score designated to such con- ignated by such bumper or depression, tact point or depression, were within were prohibited, even if machines were statute, notwithstanding machines were not used for gambling; word "adapt" in no way used for gambling. Id. meaning to make suitable, or to render Under statute prohibiting operation fit by change. Eccles v. Stone, 134 Pla of coin-operated devices "adapted" for 113, 183 So. 628. use in such way that upon insertion of 4151(405-c). Same; confiscation of machines by arresting officer.—Ups . the arrest of any person charged with the violation of any of the provisions of this law, it shall be the duty of the arresting officer to take into his cus- tody any such machine, apparatus or device, and their contents, and the sheriff, at the place of seizure, shall make a complete and correct list and inventory of all such things so taken into his custody, and deliver to the per- son from whom such article or articles may have been seized, a true copy of the list of all such articles. Upon making such a seizure the sheriff shall, forthwith and without delay, deliver each and every item of the things " ~ taken into his custody to the clerk of the circuit court of the county in k, which such a seizure is made, and upon delivery, deliver therewith to,, said clerk the original list and inventory so made by said sheriff at the . - - time and place of such seizure; and upon making such delivery the said clerk shall verify said list and inventory and mark each item for identifi- cation and make a complete and correct list and inventory of the things delivered to him by the sheriff, in duplicate, duly certified by him officially, and deliver one copy thereof to the sheriff, and deposit one copy in proper.`; safety files in his office. The said clerk of the circuit court shall keep and preserve all things so delivered to him and have the same forthcomin! at any investigation, prosecution or other proceedings, incident to charges;`• of violation of any of the provisions of this law. (Id. § 4.) Injunction: In suit to restrain sheriff elementof chance, and that plaintiff from seizing plaintiff's coin-operated did not permit machines to be used for machines as unlawful coin-operated de- gambling purposes, were conclusions and vices denounced by statute, allegations were insufficient to show that the ma- to effect that machines were not adapted chines were not such as were prohibited ' for use in such way as to entitle oper- by statute. Eccles v. Stone, 134 ator to receive anything by reason of 113, 183 So. 628. 4151(405-d). Same; disposition of machine upon conviction.—Upou> conviction of the person arrested for the violation of any of the provisions'' t 1 . • 311 FIRST DIVISION—TIT. XI, CH. C. §§4151(405-e),4151(405-f) Coin-operated devices. of this law, it shall he the duty of the judge of the court trying the case, after such notice to the person convicted, and any other person whom the judge may be of the opinion is entitled to such notice, and as the judge may deem reasonable, to issue to the sheriff of the county a written order adjudging and declaring any such machine, apparatus or device forfeited, � and directing such sheriff to destroy the same, with the exception of the a money, The order of the court shall state the time and place and the #; . manner iu which such property shall be destroyed, and it shall be the duty r of the sheriff to destroy the same in the presence of the clerk of the circuit court of such county. (Id. § 5.) 4151(405-e). Same; property rights in confiscated machines.—The right tp,, of property in and to any machine, apparatus or device as defined in sec- tion 8135(22), and to all money and other things of value therein, is hereby declared not to exist in any person, association of persons or cor- porations, and the same shall be forfeited and such money or other things of value shall be forfeited to the county in which the seizure was made and shall be delivered forthwith to the clerk of the circuit court and shall t4- ' . by him be placed in the fine and forfeiture fund of said county. (Id. § 6.) .(%44‘.. Construction: Provision of statute that be no property in slot machines and pro- right of property in and to slot ma- viding for their forfeiture, which was chines and money and other things of enacted after statute licensing slot ma- vaiue therein is declared not to exist in chines until September 30, 1937, held to any person, association of persons, or allow reasonable time for removal of wcorporations, but shall be forfeited to machines after 12 o'clock midnight, county, is to be read in connection with September 30, 1937, before machines • other actions of statute as well as title, could be forfeited under constitutional the s' Pasternack v. Bennett, 190 So. 56. provision commanding that right and idents Time for removal of machines: Statute justice be administered by all courts of approved on May 29, 1937, declaring State. Bechtol v. Lee, 129 Fla. 374, 176 e thing that after October 1, 1937, there could So. 265. fficiallp, i proper 4151(405-f). Same; houses where operated declared to be common cep and nuisances.—Any room, house, building, boat, vehicle, structure or place coming wherein any machine or device, or any part thereof, the possession, op- charges ., '} eration or use of which is prohibited by this law, shall be maintained or operated, and each of such machines or devices is hereby declared to be plaintiffa common nuisance. If a person has knowledge, or reason to believe, that used for ;" his room, house, building, boat, vehicle, structure or place is occupied or sions and '< used in violation of the provisions of the law and by acquiescence or con- the in urohibit sent suffers the same to be used, such room, house, building, boat, vehicle, 134 structure or place shall be subject to a lien for and may be sold to pay all fines or costs assessed against the person guilty of such nuisance, for such s.—Upon violation, and it shall be the duty of the several State attorneys to en- Irovisiona force such lien in the courts of this State having jurisdiction. (Id. § 7.) 'Mn rt • L • • • §§4151(405-g)-4151(427) FIRST DIV—TIT. XI. CHS. CI, CII. 312 4 State employment board. State planning board. 4151(405-g). Same; action to enjoin nuisance.—An action to enjoin any nuisance as herein defined may be brought to any person in the courts {; of equity in this State. If it is made to appear by affidavit or otherwise, to the satisfaction of the court, or judge in vacation, that such nuisance exists, a temporary writ of injunction shall forthwith issue restraining the defendant from conduction or permitting the continuance of such nuisance until the conclusion of the action. Upon application of the complainant in such a proceeding, the court or judge may also enter an order restrain- ing the defendant and all other persons from removing, or in any way interfering with the machines or devices or other things used in connection with the violation of this law constituting such a nuisance. No bond shall be required in instituting such proceedings. (Id. § 8.) 4151(405-h). Same; fees of clerks of circuit courts and sheriffs.—The • clerk of the courts and the sheriffs performing duties under the provisions of this law shall receive the same fees as prescribed by general law for :, the performance of similar duties, and such fees shall be paid out of the fine and forfeiture fund of the county as costs are paid upon conviction .:' of an insolvent person. (Id. § 9.) 4151(405-i). Same; effect of partial invalidity of law.—If any section, subsection, sentence, clause, phrase or word of this law is held or declared to be unconstitutional, inoperative or void, such holding or invalidity shall not affect the remaining portions of this law. (Id. § 10.) CHAPTER CI. STATE EMPLOYMENT BOARD. _\:N 4151(406)4151(415). (Repealed by Chapter 18402, Acts 1937, § 22. See § 4151(509).) CHAPTER CII. STATE PLANNING BOARD. 4151(427). Appropriation.—There is hereby appropriated out of the State road department license fund the sum of $25,000 annually for the next two years to carry on the work of the board and to sponsor con- tributions and grants of assistance from the Federal Government in carry- ing on such work. (Ch. 19182, Acts 1939, § 1.) • • _ yg '