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
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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
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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
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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
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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.)
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§§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.)
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