1619-2-4 FL Statutes compilation of Laws - coin-operated devices prohibited. Ch. 849 GAMBLING § 849.15 I�
1
on which money was wagered. Rein- discontinuance of telephone service
t miller v. State, 93 Fla. 462, 111 So. used or to be used to facilitate book-
'i 633 (1927). making in violation of law, or in pro-
' motion of any other gambling scheme
8. Injunction or device. Id.
n. Federal court will not grant in- j
Is junction against interference with Keeping premises gambling i
-, telegraphing money to Havana to be is practiced is abatablele by by injunction. ,
Y wagered thereby evading this section. Pompano Horse Club v. State, 93
Fla. 415, 111 So. 801, 52 A.L.R. 51
n Biscayne Kennel Club v. Taylor, D. (1927).
'e C.,23 F.2d 871 (1928).
Plaintiff, engaged in business of g, indictment or information
disseminating information regarding Indictment alleging an intent to
horse races by telephone to bookmak- carry on business enterprise involv-
ers and others, could not invoke pro-
s cesses of equity court to prevent dis- ing gambling in violation of laws of
Y continuance of telephone service used United States and laws of Florida, a
by plaintiff in, or to encourage or by in the conjunctive, was
t romote, amblin ente proper, and proof of either was suffi-
ib p g g rises in vio- cient to support a verdict of guilty.
6 lation of state statute and orders of U. S. v. Ippolito, C.A., 438 F.2d 417
federal government stopping horse
races and forbiddingdissemination of (1971), certiorari denied 91 S.Ct. 1620, 1
horse race information over tele- 402 U.S.953,29 L.Ed.2d 123.
phone. Hagerty v. Southern Bell 1
'r Tel. & Tel. Co., D.C., 59 F.Supp. 107 10. Jury question
e (1945). Although defendant was actually
d j'
# observed using ticker tape only one 1
is A court of equity will not act to time during the four different occa-
m prevent telephone company from dis- s €
v- continuing telephone service to pa- premons officers observed activities on
re tron actively engaged in horse race premises, such was sufficient �
y information dissemination business in present to jury an issue of whether
Idefendant's use of ticker tape was
violation of state statute and war I
1_ ruling of federal government merely with intent to carry on an enterprise
;e because patron is temporarily pre- involving gambling in prosecution un-
1- I vented by acts beyond his control, der indictment charging use of facili-
a such as activities of federal govern- ties in interstate commerce with in-
39 ment, from pursuing such business. tent to carry on business enterprise
ll Id involving gambling. U. S. v. Ippoli-
to, C.A., 438 F.2d 417 (1971), certiora-
Equity court will not give its aid ri denied 91 S.Ct. 1620, 402 U.S. 953,
4, by injunction or otherwise to prevent 29 L.Ed.2d 123. 1
a
i- 849.15 Manufacture, sale, possession, etc., of coin-operated 0 ,)
la devices prohibited f {
Ir- It is unlawful: 1
1y (1) To manufacture, own, store, keep, possess, sell, rent, g
�t lease, let on shares, lend or give away, transport, or expose for
r
05 sale or lease, or to offer to sell, rent, lease, let on shares, lend or
:9. give away, or permit the operation of, or for any person to per- ,
mit to be placed, maintained, or used or kept in any room, space, ,,
xin
i or building owned, leased or occupied by him or under his man-
;er 1 agement or control, any slot machine or device or any part
' thereof; or 1
g E' ,
,
143 `1,
1
1 �
§ 849.15 CRIMES Title 44
Note I
(2) To make or to permit to be made with any person any
agreement with reference to any slot machine or device, pursu-
e11111111 ant to which the user thereof, as a result of any element of
chance or other outcome unpredictable to him, may become enti-
1111111111rtled 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.
Historical Note
Derivation:
Comp.Gen.Laws Supp.1940, § 4151
(40
V .
Lawwss1937,c. 18143,§§1,12.
Law Review Commentaries
Gaming, disposition of funds seized
by state. 6 Miami L.Q. 133 (1951).
Library References
Gaming «731/2, 74(1, 6). C.J.S. Gaming§§ 90 et seq., 96, 105.
Notes of Decisions
Administration of law 3 Give Away, Use or Operate Slot Ma-
Construction and application 2 chines or Similar Devices Operated
Habeas corpus 8 by Coin or Otherwise; Defining
Injunction and mandamus 6 Such Devices; Providing For Thcir
Judicial notice 7 Seizure and Destruction and Provid-
Mandamus 6 ing For the Forfeiture of Money and
Occupation and license taxes 4 Other Things of Value Therein," pro-
Penalties and forfeitures 5 viding for forfeiture of slot machines
Validity I and money or other things of value
therein to the county, was not uncon-
stitutional for insufficiency of title.
I. Validity Id.
Slot Machine Act, Laws 1935,rc. Laws 1937, c. 18143, prohibiting
17257, was not violative of Const. coin-operated devices adapted for
1885, Art. 3, § 23 (see, now, Const. use in such a way that upon inser-
Art. 10, §7), against lotteries. Lee v. tion of coin the machine could be op-
Beck, 121 Fla. 114, 163 So. 495 erated, operator to receive something
(1935); Lee v. City of Miami, 121 of value depending upon unpredicta-
Fla. 93, 163 So. 486, 101 A.L.R. 1115 ble outcome, which was construable
(1935). as prohibiting mere possession of
Laws 1937, c. 18143, relating to such machines, was not unconstitu-
slot machines was not unconstitu- tional as applied to owners of ma-
tional for insufficiency of title. Pas- chines, used for commercial purposes,
ternack v. Bennett, 138 Fla. 663, 190 since statute as applied to such per-
So.56(1939). sons constituted valid exercise of po-
The provision of the statute enti- lice power. Eccles v. Stone, 134 Fla.
tled as "An Act Making it Unlawful 113,183 So.628(1938).
001100010100111111,0010100111001000, to Manufacture, Own, Store, Keep, As regards whether statute prohib-
Possess, Sell, Rent, Lease, Let, Lend, iting slot machines and similar de-
144
1
Ch. 849 GAMBLING § 849.15
Note 2
vices adapted for use in such way Laws 1935, c. 17257, prohibiting
that upon insertion of coin the ma- maintenance or operation of slot ma-
chine can be operated, operator to re- chines within 300 feet of public
ceive something of value depending schools or churches, except in hotels,
upon unpredictable outcome, was was not unconstitutional discriminat-
needful for protection of moral wel- ing in favor of hotels. State ex rel.
fare of community and constituted Bennett v. Lee, 123 Fla. 252, 166 So.
valid exercise of police power, court 565 (1936).
would look to history back of enact-
ment and would take notice of those 2. Construction and application
things which were of common knowl-
edge throughout country. Id. Laws 1941, c. 20956, §§ 19, 20, pro-
viding that the law should not be
Supreme Court was not required to construed to authorize the use of any
determine validity of statute prohib- machine, game, or device for gam-
iting coin-operated devices adapted bling or as a game of chance, was a
for use in such way that upon inser- "revenue statute" as respects effect
tion of coin the machine could be op- thereof upon this section. Hernandez
erated, operator to receive something v. Graves, 148 Fla. 247, 4 So.2d 113
of value depending on unpredictable (1941).
outcome, which was construable as The purpose of this act is to pro-
prohibiting mere possession of ma- hibit all machines which might be
chine, as applied to owner of ma- operated for a thing of value involy-
chine kept in owner's private resi- ing element of chance. Moss v.
dence for his own amusement, where Graves, 146 Fla. 3, 200 So. 68 (1941).
case before court involved ownership
of machines by party who used them Laws 1935, c. 17257, relating to li-
for commercial purposes. Id. tensing of slot machines and coin-op-
erated devices was exclusive law of
Operation of provision of Slot Ma- state on subject, and repealed all oth-
chine Act, Laws 1935, c. 17257, for- er laws thereon. State ex rel. Gree-
bidding future licensing of slot ma- son v. Roberts, 126 Fla. 114, 170 So.
chines in counties where electors 457 (1936).
have voted against such licensing
was not objectionable as causing lack Statutory provision that no slot
of uniformity in taxing provision of machines shall be maintained or op
act, since tax provision of act was erated within 300 feet of public
not thereby repealed but there was school or church, except in hotels,
then no property in county on which embraced matters properly connected
tax provision could operate. State with subject of Act as stated in title.
ex rel. McLeod v. Harvey, 125 Fla. State ex rel. Bennett v. Lee, 123 Fla.
742,170 So.153(1936). 252,166 So.565(1936).
Laws p935, c. 17257, prohibiting
Laws 1935, c. 17257, forbidding fu- maintenance or operation of slot ma-
ture licensing of slot machines in chine within 300 feet of public school
counties where electors have voted or church, means such distance, not
against such licensing was not un- from machine itself or exact spot on
lawful delegation of legislative pow- which it stands, but from store room
er. Id. or confines of place of business in
Operation of provision forbidding which located. Id.
future licensing of slot machines in Departmental construction of stat-
counties where electors have voted ute, as of Laws 1935, c. 17257, pro-
against such licensing was not inval- hibiting slot machines within 300
t. id as causing lack of uniformity in feet of public schools or churches by
kl taxing provision of Act, since tax State Comptroller, charged with ad-
provision of Act was not thereby re- ministration and enforcement there-
pealed but there was then no proper- of, will be accorded considerable
ty in county on which tax provision weight by court, unless clearly con-
could operate. Id. trary to statutory intent. Id.
Ac
228 F.S.A.-11 1 45
rr
§ 849.14 CRIMES
Note �� CRIMES
11. Fantasy sports leagues players to make up a fantasy team whose actual
West's F.S.A. § 849.14 prohibits the operation performance statistics result in cash payments Historical a
of and participation in a fantasy sports league from the contestants' entry fees to the contes Laws 1977, c. 77
IIIIIIIIII
whereby contestants pay an entry fee for the tant with the best fantasy team. Op.Atty.Gen. proviso in subsec. (1
mums fis. opportunity to select actual professional sports 91-3, Jan. 8, 1991. sentence of subsec.
IIIIOIOI Laws 1984, c. 84
IIM 849.141. Bowling tournaments exempted from chapter secs.
ment centcent and (2) 1
ers.
(1) Nothing contained in this chapter shall be applicable to participation in or the Laws 1989, c. 89-
conduct of a bowling tournament conducted at a bowling center which requires the designated the form,
iNOINIONP payment of entry fees, from which fees the winner receives a purse or prize. substituted paragral
(2) As used in this section, the term: tion designations; ar
to reverse vending r
(a) `Bowling tournament" means a contest in which participants engage in the sport of -
bowling, wherein a heavy ball is bowled along a bowling lane in an attempt to knock over
bowling pins, 10 in number, set upright at the far end of the lane, according to specified Notes
regulations and rules of the American Bowling Congress, the Womens International Crane game 4
Bowling Congress, or the Bowling Proprietors Association of America. -
(b) "Bowling center" means a place of business having at least 12 bowling lanes on the 4. Crane game
premises which are operated for the entertainment of the general public for the purpose A coin-operated "c
of engaging in the sport of bowling. predictable outcome
Added by Laws 1985, c. 85-24, § 1, eff. May 24, 1985. T.
849.161. Amuseni
Library References
Gaming.3=>6. (1) Nothing cont
C.J.S. Gaming §§ 1, 3 et seq. arcade amusement
of the insertion of
849.15. Manufacture, sale, possession, etc., of coin-operated devices prohibited 4
ffoo operating
merchandise or
Cross References the merchandise or
Civil remedies for criminal practices act,crimi- 75 cents on any ga
nal activities to which provisions applicable, see applicable to a coir
§ 772.102. fide amusement pi
4 player to replay ti
849.16. Machines or devices which come within provisions of law defined accumulate and rer
(1) Any machine or device is a slot machine or device within the provisions of this free replays only 1
chapter if it is one that is adapted for use in such a way that, as a result of the insertion accumulatedd
ed fsen r
of any piece of money, coin, or other object, such machine or device is caused to operate stamy i' dnder r isnot
or may be operated and if the user, by reason of any element of chance or of any other stamp uapplic
outcome of such operation unpredictable by him, may: (2) The term "al
(a) Receive or become entitled to receive any piece of money, credit, allowance,or thing business having at
of value, or any check, slug, token, or memorandum, whether of value or otherwise, which which are operated
may be exchanged for any money, credit, allowance, or thing of value or which may be amusement facility
given in trade; or Laws 1984, c. 84-247,
(b) Secure additional chances or rights to use such machine, apparatus, or device, even Library References
though it may, in addition to any element of chance or unpredictable outcome of such Gaming 4=68.
operation, also sell, deliver, or present some merchandise, indication of weight, entertain- C.J.S. Gaming § 85
ment, or other thing of value. —
(2) Nothing contained in this chapter shall be construed, interpreted, or applied to the Notes c
possession of a reverse vending machine. As used in this section, a reverse vending _ Forfeiture 1
machine is 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 i. Forfeiture
Imachine may pay out a random incentive bonus greater than that guaranteed payment in Issue of material fa
-- the form of money, merchandise,vouchers, or other incentives. The deposit of any empty ; seized from defendai
beverage container into a reverse vending machine does not constitute consideration nor
IOWA shall a reverse vending machine be deemed to be a slot machine within this section. 849.17. Confiscatic
Amended by Laws 1977, c. 77-275, § 1, eff. June 18, 1977; Laws 1984, c. 84-247, § 2, eff. Oct. 1, Upon the arrest o
1984; Laws 1989, c. 89-176, § 3, eff. July 1, 1989. 849.15-849.23 the ar
56 us or device, and it
c
,
CRIMES •�
i
CRIMES § 849.17
Those actual •
h payments Historical and Statutory Notes in the machine qualifies as a "slot machine or
the contes- Laws 1977, c. 77-275, added the concluding device" within meaning of this chapter, but the •
Jp.Atty.Gen. senteso in subsec. (1)as contained in the second burden of proof to establish the unpredictability
nce of subsec.
(1)(b). or chance of such machine rests with the Depart-
Laws 1984, c. 84-247, § 2, deleted former sub- ment of Business Regulation in seeking to sus-
secs. (1)(b) and (2) pertaining to arcade amuse- pend, revoke or assess a civil penalty against
ment centers. any alcoholic beverage licensee found to be in
in or the Laws 1989, c. 89-176, § 3, eff. July 1, 1989, possession of gambling paraphernalia on premis-
equires the designated the former section as subsec.(1), and es licensed under the Bevera a Law. Op.Atty.paragraph designations for subsec- g
tion designations; and added subsec.(2),relating Gen., 89-5,Jan. 27, 1989.
to reverse vending machines.
`ie sport of
;nock over
specified Notes of Decisions
ernational Crane game 4
nes on the 4. Crane game
e purpose A coin-operated "crane game" having an un-
predictable outcome or chance which is inherent
849.161. Amusement games or machines; when chapter inapplicable
(1) Nothing contained in this chapter shall be taken or construed as applicable to an
arcade amusement center having amusement games or machines which operate by means 1
of the insertion of a coin and which by application of skill may entitle the person playing R
ted or operating the game or machine to receive points or coupons which may be exchanged
for merchandise only, excluding cash and alcoholic beverages, provided the cost value of
the merchandise or prize awarded in exchange for such points or coupons does not exceed
75 cents on any game played. Nothing in this subsection shall be taken or construed as
applicable to a coin-operated game or device designed and manufactured only for bona
fide amusement purposes which game or device may by application of skill entitle the
player to replay the game or device at no additional cost, if the game or device: can
accumulate and react to no more than 15 free replays; can be discharged of accumulated
Is of this , free replays only by reactivating the game or device for one additional play for such
accumulated free replay; can make no permanent record, directly or indirectly, of free
insertion . replays; and is not classified by the United States as requiring a federal gambling tax
o operate stamp under applicable provisions of the Internal Revenue Code.
any other
(2) The term "arcade amusement center" as used in this section means a place of
or thing business having at least 50 coin-operated amusement games or machines on premises
Ise,which which are operated for the entertainment of the general public and tourists as a bona fide
h may be amusement facility.
Laws 1984, c. 84-247, § 3, eff. Oct. 1. 1984.
vice, even Library References gambling house was exempt from forfeiture pre-
a of such ` Gaming ez.68. eluded summary judgment for State where there
entertain- C.J.S. Gaming § 85 et seq. was evidence that property primarily involved
games of skill operated in amusement arcade.
ed to the Notes of Decisions In re Forfeiture of Six Video Draw Poker Ma-
,
. vending Forfeiture 1 chines, App. 1 Dist., 544 So.2d 1097 (1989).
recycling
rives. At
vending i. Forfeiture
ayment in Issue of material fact as to whether property
ny empty seized from defendant charged with keeping
•
-ation nor '
is section. 849.17. Confiscation of machines by arresting officer
eff. Oct. 1, Upon the arrest of any person charged with the violation of any of the provisions of ss.
849.15-849.23 the arresting officer shall take into his custody any such machine, apparat-
us or device, and its contents, and the arresting agency, at the place of seizure, shall
57
i
I