Possession, Manufacture, or Permission to Operate a Slot Machine - Florida Statute 849.15

Many of us have seen slot machines in gambling facilities where an individual puts in a coin and then pulls a lever. The gambler watches the spinning wheels with hope that they line up correctly so he can win a jackpot. This activity happens throughout Florida at either casinos operated on Indian land or under Chapter 551 of the Florida State Statutes. Chapter 849, Chapter 550, and Chapter 551 govern gambling in Florida, and it is illegal to possess a slot machine outside the slot machine is not licensed under Chapter 551 of the Florida Statutes.

When operating unlicensed outside of Chapter 551, it is illegal to do any of the following with a slot machine:

• Possess
• Manufacture
• Own
• Store
• Keep
• Sell
• Rent
• Lease
• Lend or give away
• Transport
• Offer to sell, rent, lease, let on shares, lend or give away
• Permit the operation of
• Permit to be placed, maintained, or used or kept in any room, space, or building owned, leased or occupied by the person or under the person’s management or control.

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What the State Prosecutor has to Prove to Convict a Defendant

The state prosecutor has to prove beyond a reasonable doubt the defendant either:

1. Manufactured, owned, stored, kept, possessed, sold, leased, let on shares, lent, gave away, transported, exposed for sale or lease any slot machine or device or any part;
2. Offered to sell, rent, lease, let on shares, lend, give away any slot machine or device or any part;
3. Permitted the operation of any slot machine or device or any part;
4. Permitted any slot machine or device or any part to be placed, maintained, used, kept in a room, space, building, owned, leased, or occupied by him or under his management or control; or
5. Made or permitted to be made an agreement with another, pursuant to which the user of any slot machine or device, as a result of any element of chance may become entitled to receive money, credit, allowance, a thing of value, an additional chance or right to use the slot machine or device, any check, slug, token, memorandum entitling the holder to receive money, credit, allowance, or thing of value.

For more information see the Florida Attorney General’s legal opinion AGO 94-69.

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Punishment

This crime is a second-degree misdemeanor, which is punishable up to 60 days in jail and a $500 fine. A second conviction is a first degree misdemeanor which is punishable up to 365 days in jail and a $1,000 fine. A third conviction is a third-degree felony, which is punishable up to 5 years in prison and a $5,000 fine.

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Contact the Law Office of Roger P. Foley, P.A.

If you have been arrested and charged with this crime, call our offices for help. You can schedule a 5 minute free consultation with one of our Jupiter Slot Machine Possession Lawyers to discuss the case. We need to know the facts of your case so we can create a solid defense strategy for your case. Our attorneys will aggressively investigate your case by finding out what evidence the prosecutor has and what the police officers observed. If any evidence was seized, we can challenge the legality of the search and seizure. If the search was illegal, then any evidence seized will be suppressed. There are many things that can be done to fight a case, but the first thing that we must do is talk to you. Call today so we can put our experience and knowledge to work for you!

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