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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.
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.


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.

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 free 15 minute case strategy 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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Client Reviews
I was charged with Domestic Violence few years ago and I was referred to Roger Foley from a family member! Roger is a BULLDOG! He was great and very aggressive in helping me beat this bogus case. Case was dismissed! He was on top of everything until the end!! Thomas
My wife (Mother of Stepson) and I Hired Mr Foley to represent my stepson in a minor criminal case. We would highly recommend as it is obvious to us That Mr Foley Genuinely cares and wants to do the Best he can for you which he did for us. Also has a great rapport with all parties in the courtroom..... Steve
Roger P. Foley got me reinstated. Also he got my COS waived, and got me to still be terminated off of probation on my expected termination date. I feel very comfortable with the decision my lawyer made for me. Also I would refer him to anyone who has a criminal felony or misdemeanor case. Jamar
Roger is a very compassionate person, he truly cares about his clients. He helped me with my case and was there for me every step of the way even if it was just reassurance that I needed. I would recommend him to anyone, he is absolutely the best! Cassandra G.
I think your firm did a great job on 3 cases that were 28 years old. The results are better than expected. I truly appreciate the hard work that you and your firm put forth in obtaining the results that we did on this case. Jim