Florida/Georgia Personal Injury & Workers Compensation

...hat the commission of the felony resulted in [death] [or] [personal injury] to another human being. Lesser Included Offenses [[Image here]] Comment This instruction was adopted in 2013. 22.15 [POSSESSION] [PERMITTING THE OPERATION] OF A SLOT MACHINE § 849.15(l)(a) and (b), Fla....

...The state appeals the order of the trial court enjoining the Department of Business & Professional Regulation, Division of Alcoholic Beverages & Tobacco from seizing machines which the Department claimed were coin-operated gambling devices, possession of which is a violation of section 849.15, Florida Statutes (1995). Because the trial court found that skill was a significant factor in operating and winning on the machines in question, it concluded that they did not violate the statute. We must disagree and reverse. Section 849.15 prohibits the leasing, renting or selling of certain slot machines or other devices, "pursuant 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...." § 849.15(2) (emphasis supplied)....

...y were charged under is unconstitutionally vague. Cyphers and McKinney (Defendants) were charged with keeping a gambling house, contrary to section 849.01, Florida Statutes (2003), and possession of coin-operated devices (slot machines), contrary to section 849.15, Florida Statutes (2003). Because sections 849.01, 849.15, and 849.161, Florida Statutes (2003), are not impermissibly vague, we reverse the trial court's orders granting Defendants' motions to dismiss and remand for further proceedings....

...Defendants challenged the informations, alleging that the statutory scheme under which they were charged is unconstitutionally vague. Specifically, Defendants argued that section 849.161(1)(a)(1)'s arcade amusement center exception for machines involving the "application of skill" is vague when read in conjunction with section 849.15, which prohibits slot machines involving "any element of chance." Additionally, Defendants argued that section 849.161(1)(a)(1) is vague in its requirement that points or coupons awarded to players could only be exchanged for merchandise, excluding cash and alcoholic beverages. The trial court agreed with Defendants' constitutional vagueness challenges and dismissed the informations, finding that the language of sections 849.01, 849.15, and 849.161 does not provide adequate notice of the prohibited conduct, leading to arbitrary and selective enforcement of the law....

...In this case, the record shows that Defendants' conduct is clearly not protected under the section 849.161(1)(a)(1) exception to gambling prohibitions. Thus, Defendants cannot sustain a void for vagueness claim, and we do not reach Defendants' argument that section 849.161(1)(a)(1) is vague when read in conjunction with section 849.15. Section 849.15 prohibits possession of any slot machine, defined in section 849.16(1), Florida Statutes (2003), as [a]ny machine or device ......

...lement of chance or of any other outcome of such operation unpredictable by him or her, may: ... [r]eceive or become entitled to receive any ... thing of value ... or ... [s]ecure additional chances.... Pursuant to section 849.161(1)(a)(1), however, section 849.15 shall not apply to an arcade amusement center with amusement games or machines "which operate by means of the insertion of a coin and which by application of skill may entitle the person playing or operating the game or machine to rece...

...ch may be exchanged for merchandise only, excluding cash and alcoholic beverages," not to exceed a value of seventy-five cents per game. Defendants do not argue that their conduct does not fall within the gambling prohibitions of sections 849.01 and 849.15....

...ines accepting up to a hundred dollar bill. We find, based on the plain and ordinary meaning of the statute, that Defendants' *474 conduct is not protected by the section 849.161(1)(a)(1) exception to the gambling prohibitions of sections 849.01 and 849.15. Accordingly, Defendants' vagueness challenge to sections 849.01, 849.15, and 849.161 must fail....

...under its police powers. See Div. of Pari-Mutuel Wagering Dep’t of Bus. Regulation v. Fla. Horse Council, Inc., 464 So.2d 128, 130 (Fla. 1985). In fact, chapter 849, Florida Statutes, prohibits many forms of gambling, including slot machines. See § 849.15(l)(a), Fla....

...ng under its police powers. See Div. of Pari-Mutuel Wagering Dep't of Bus. Regulation v. Fla. Horse Council, Inc., 464 So.2d 128, 130 (Fla. 1985). In fact, chapter 849, Florida Statutes, prohibits many forms of gambling, including slot machines. See § 849.15(1)(a), Fla....

...ubparts are incapable of severance. Id. at 5-6 . Both Defendants, however, argue that Plaintiffs cannot succeed on a facial challenge to the statute. The State of Florida (“State”) prohibits the use or possession of slot machines. See Fla. Stat. § 849.15 (l)(a)....

...illegal slot machines under section 849.16 and directing them to remove the machines from their premises, Gator Coin filed against Appellee a Complaint for Declaratory Judgment, seeking a declaration that Version 67 is not an illegal slot machine pursuant to sections 849.15 and 849.16, Florida Statutes (2015), and is instead a legal amusement machine....

...Bennett v. St. Vincent’s Med. Ctr., Inc., 71 So. 3d 828, 838 (Fla. 2011). Chapter 849, Florida Statutes, governs gambling and makes it unlawful to manufacture, own, store, keep, possess, sell, rent, or lease any “slot machine or device.” § 849.15(1), Fla....

public or nonprofit organization.4 Pursuant to section 849.15, Florida Statutes, however, it is unlawful:

...At the outset, we note that the appellees present no argument that the machine is not a slot machine as defined in section 849.16, Florida Statutes (1983). We take that to be a tacit admission that it is. The record, including the testimony of the appellees’ own witness, supports that conclusion. Section 849.15 makes it unlawful to own a slot machine....

091(1), Fla. Stat. (2013). 3 . § 849.15, Fla. Stat. (2013). 4 .We affirm

provided in s. 775.082 or s. 775.083." Pursuant to section 849.15, Florida Statutes, it is unlawful to possess

...See § 817.545(3), Fla. Stat. This instruction was adopted in 2014. 22.15 [MANUFACTUING] [OWNING] [STORING] [KEEPING] [POSSESSION OF] [PERMITTING THE OPERATION OF] [SELLING] [LEASING] [TRANSPORTING]OF A SLOT MACHINE § 849.15(1)(a) and (b), Fla....

...chance and is part of a scheme involving any payment or donation of money or its equivalent and awarding anything of value. Lesser Included Offenses [POSSESSION] [PERMITTING THE OPERATION] OF A SLOT MACHINE — 849.15(1)(a) and (b) CATEGORY ONE CATEGORY TWO FLA....

...hout the use of computers (Compl. ¶ 26) or by using paper entries that reveal the *1328 results through scratch-offs and pull-tabs (Compl. ¶ 29). The requirement that the restriction be content neutral also appears to be satisfied here. Fla. Stat. § 849.15 makes it unlawful to, among other things, own, keep, or permit the operation of a slot machine....

...chance, may win a prize. (Compl. ¶¶ 16, 21, 32-33.) A plain reading of Section 849.16 shows that Plaintiff is prohibited from using its computer terminals in a manner in which a user, through skill or chance, may receive an item of value. Sections 849.15 and 849.16 target conduct and operate irrespective of the content of the Game Promotions....

...Comm’r of Indiana Dep’t of Revenue, 19 F.3d 1165, 1167 (7th Cir.1994). Moreover, the Court finds that Plaintiff has not alleged sufficient facts to show that Fla. Stat. § 849.16 imposes a ban on Plaintiffs Game Display. As discussed above with respect to Count V, Sections 849.15 and 849.16 target conduct and operate irrespective of the content of the Game Displays....

...for Disease Control & Prevention, 669 F.3d 1277, 1284 (11th Cir.2012), with State of Florida Dep’t of Envtl. Prot. v. Garcia, 99 So.3d 539, 545 (Fla.Dist.Ct.App.2011). . Fla. Stat. § 849.16 , as amended, arguably defines "slot machine or device” to encompass the computers in Plaintiffs internet cafés. Fla. Stat. § 849.15 criminalizes the ownership or operation of such devices....

...Section 849.08, Florida Statutes (2013), provides that “game[s] of chance” are illegal. But certain forms of gambling are legal. See, e.g., ch. 550, Fla. Stat. (2013) (the “Florida Pari-mutuel Wagering Act”). And although slot machines and slot machine gaming are specifically outlawed under section 849.15(1), Florida Statutes (2013), in sweeping terms, slot machine gaming is permitted under tight restrictions as laid out by the Legislature in- chapter 551....

...thin the meaning of’ the constitutional prohibition of lotteries. Id. at 522. Further, the Florida Statutes continue to differentiate the two. See § 849.09, Fla. Stat. (2003) (prohibiting “persons” from conducting or promoting lotteries); id. § 849.15 (prohibiting ownership or use of slot machines); id....

...then displaying them in a series that matches a certain number of like images (if a ‘winner’) or in various series that do not have multiple duplicate images adjacent to each other.” (Am. Compl. ¶ 30(1).) The Court makes no ruling on whether Plaintiffs Game Displays are slot machines within the meaning of . Sections 849.15 and 849.16 or a form of gambling because that issue is not properly before the Court....

...exercise of freedom of speech; yet, Plaintiff provides no estimate of the number of its customers who actually use the internet versus those who only use its internet cafés to participate in its Game Promotions. (Am. Compl. ¶ 39 n. 1.) Fla. Stat. § 849.15 makes it unlawful to, among other things, own, keep, or permit the operation of a slot machine....

...The allegations center on the scope of Section 849.16 and Plaintiff alleges that Section 849.16 bans the possession of various devices for accessing the internet or the completion of an activity. As the Court discussed above, Section 849.16, in conjunction with Section 849.15, targets conduct (owning, keeping or permitting the operation of a slot machine) and Plaintiff has failed to allege what comprises the protected speech banned by Section 849.16....

...¶ 169.) According to Plaintiff, Section 849.16(3) “violates the Due Process Clause because the State of Florida has been relieved of its burden of persuasion on one [or] more elements it is required to prove in order to obtain a conviction for violation of Section 849.15, Florida Statutes: that the device owned, possessed or operated is a ‘slot machine.’ ” (Am....

...Do adult arcades, adult amusement centers, or other similar facilities which maintain, operate or utilize amusement games or machines which may operate by means of the insertion of a coin, but also may operate by means of insertion of paper currency of various denominations, violate sections 849.01 and 849.15 , Florida Statutes, since section 849.161 (1)(a)1., Florida Statutes, refers only to such machines which operate by insertion of a coin? 2....

...he arcade for gift certificates which may be exchanged off premises at other businesses for merchandise that includes alcoholic beverages, or cash which is provided for the purchase of some item of nominal value, and thus violate sections 849.01 and 849.15 , Florida Statutes? Question One Section 849.01 , Florida Statutes, prohibits a person from keeping a gambling house. 1 Pursuant to section 849.15 , Florida Statutes, it is unlawful to possess or permit the operation of any slot machine or device....

...er, or present some merchandise, indication of weight, entertainment, or other thing of value." Thus, if the receipt of a prize is dependent on any element of chance, the machine would fall within the above definition of a slot machine proscribed by section 849.15 , Florida Statutes....

...ines for which the receipt of a prize is dependent on any element of chance and which may operate by means of the insertion of a coin, but also may operate by means of insertion of paper currency of various denominations, violate sections 849.01 and 849.15 , Florida Statutes, since section 849.161 (1)(a)1., Florida Statutes, permits machines which operate by insertion of a coin only....

...he arcade for gift certificates which may be exchanged off premises at other businesses for merchandise that includes alcoholic beverages, or cash which is provided for the purchase of some item of nominal value, and thus violate sections 849.01 and 849.15 , Florida Statutes....

...ffers or permits any person to play for money or other valuable thing at any game whatever, whether heretofore prohibited or not, shall be guilty of a felony of the third degree, punishable as provided in s. 775.082 , s. 775.083 , or s. 775.084 ." 2 Section 849.15 , Fla....

giving away of slot machines is prohibited by section 849.15(1), Florida Statutes, it does not appear that

that their use would constitute a violation of section 849.15, Florida Statutes, prohibiting the manufacture

section 849.16(1), Florida Statutes. Pursuant to section 849.15, Florida Statutes, it is unlawful to possess

567, and 568, F.S. See, s. 561.01(6), F.S. 3 Section 849.15(1), F.S., makes it unlawful: To manufacture

...ation printed on the entry blank, to the address contained in the official rules. The only cost to enter is the cost of mailing. Questions One and Two As resolution of these questions involves related issues, they are discussed together. Pursuant to section 849.15 , Florida Statutes, as amended, 1 it is unlawful to possess or permit the operation of any machine or device that satisfies the description provided in section 849.16 ....

...sell, deliver, or present some merchandise, indication of weight, entertainment, or other thing of value." Thus, if the receipt of a prize is dependent on any element of chance, the device would fall within the definition of a machine proscribed by section 849.15 , Florida Statutes....

...While the vending machine you have described does produce a telephone calling card with a time limit of two minutes, the Florida Supreme Court and this office have previously determined that the incidental delivery of merchandise will not remove a machine from the proscriptions of section 849.15 ....

...5 See, e.g ., Little River Theatre Corporation v. State ex rel. Hodge , 185 So. 855 (Fla. 1939). 6 See , ss. 849.09 (2)-(4), Fla. Stat., setting the criminal penalties for violation of the statute prohibiting lotteries, and s. 849.23 , Fla. Stat., describing the penalty for violations of ss. 849.15 - 849.22 ....

...981 and amended in 2015 [176 So. 3d 938] and 2018. 22.15 [MANUFACTURING] [OWNING] [STORING] [KEEPING] [POSSESSION OF] [PERMITTING THE OPERATION OF] [SELLING] [LEASING] [TRANSPORTING] A SLOT MACHINE § 849.15(1)(a) and (b), Fla....

...device] may be sole or joint, that is, two or more persons may possess a slot machine or device [or any part of a slot machine or device]. Lesser Included Offenses [POSSESSION] [PERMITTING THE OPERATION] OF A SLOT MACHINE — 849.15(1)(a) and (b) CATEGORY ONE CATEGORY TWO FLA....

...See § 817.545(3), Fla. Stat. This instruction was adopted in 2014. 22.15 [MANUFACTUING] [OWNING] [STORING] [KEEPING] [POSSESSION OF] [PERMITTING THE OPERATION OF] [SELLING] [LEASING] [TRANSPORTING]OF A SLOT MACHINE § 849.15(1)(a) and (b), Fla....

...chance and is part of a scheme involving any payment or donation of money or its equivalent and awarding anything of value. Lesser Included Offenses [POSSESSION] [PERMITTING THE OPERATION] OF A SLOT MACHINE — 849.15(1)(a) and (b) CATEGORY ONE CATEGORY TWO FLA....

...Coe: You have asked for my opinion on the following questions: 1. Whether a company may lawfully possess and/or manufacture slot machines and/or component parts for slot machines in the State of Florida if the slot machines are not used or displayed in contravention of sections 849.15 - 849.23 , Florida Statutes (1993), and are ultimately shipped to states where possession of slot machines are legal....

...ed in the State of Florida and shipped to states in which the possession and use of slot machines is legal. This company also wishes to have two or three slot machines shipped to Florida in order to study their construction. Question One Pursuant to section 849.15 , Florida Statutes (1993): It is unlawful: (1) 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 to sell, rent, lease, let on shares, len...

...We think it is clear that for the purpose of preventing the use of a device for gambling the Legislature may prohibit its possession or ownership, when it is designed for that purpose. The statute does not make its intended use for gambling a prerequisite. Thus, section 849.15 , Florida Statutes (1993), which specifically identifies slot machines, does not require that such devices be used for gambling in order to be illegal but makes their mere possession a violation of the statute. The only case directly addressing the provisions of section 849.15 , Florida Statutes (1993), is Department of Business Regulation, Division of Alcoholic Beverages and Tobacco v....

...ardless of whether they are actually used for gambling. Therefore, it is my opinion that a company may not lawfully possess slot machines. You also ask whether it is legal for a company to manufacture slot machines or their component parts. Clearly, section 849.15 , Florida Statutes (1993), by its terms makes the manufacture of slot machines unlawful. The word "manufacture" is used in section 849.15 (1), Florida Statutes, but is not defined for purposes of the statute....

...d to construct a slot machine. Therefore, to the extent that the parts contemplated by your question are used in the fabrication of slot machines, the manufacture of these parts would also be unlawful. This conclusion is supported by the language of section 849.15 , Florida Statutes, which states that it is unlawful for any person "[t]o manufacture . . . any slot machine or device or any part thereof[.]" Therefore, it is my opinion that pursuant to section 849.15 , Florida Statutes (1993), a company may not lawfully possess 9 or manufacture slot machines or the component parts for slot machines in the State of Florida....

...10 The list of gambling devices set forth in section 849.231 , Florida Statutes (1993), does not include slot machines. As the court in the Department of Business Regulation, Division of Alcoholic Beverages and Tobacco v. Rains case made clear, the provisions of sections 849.15 and 849.231 are not interrelated and in fact, reflect the dissimilar natures of the gambling devices listed therein....

...8 The Random House Dictionary of the English Language 874 (unabridged edition 1967). 9 The only exception to this complete prohibition is contained in section 849.235 , Florida Statutes, which provides that it is a defense to any action or prosecution for violation of ss. 849.15 - 849.233 that the device is an antique slot machine that is not being used for gambling....

following questions: 1. Is there a violation of section 849.15, Florida Statutes, if a patron of an arcade