Illegal Slot Machines in Florida

Are slot machines illegal in Florida? Florida law imposes penalties for prohibited transactions involving slot machines, other than at a casino or certain pari-mutuel facility licensed to possess slot machines, conduct slot machine gaming, or participate in slot machine gaming. Under Section 551.102(9), the term “slot machine” means:

• any device available to play or operate, including any:
  • mechanical or electrical contrivance;
  • terminal that may or may not be capable of downloading slot games from a central server system; or
  • machine;
• that upon insertion of a coin, bill, ticket, token, or similar object or upon payment of any consideration whatsoever including the use of any electronic payment system except a credit card or debit card;
• the play or operation of which:
  • whether by reason of skill or application of the element of chance or both;
  • may deliver or entitle the person or persons playing or operating the contrivance, terminal, machine, or other device to receive cash, billets, tickets, tokens, or electronic credits to be:
    • exchanged for cash; or
    • to receive merchandise or anything of value whatsoever;
• whether the payoff is made automatically from the machine or manually.

The term slot machine includes associated equipment necessary to conduct the operation of the contrivance, terminal, machine, or other device. Slot machines may use spinning reels, video displays, or both. Slot machines are not subject to the tax imposed by Section 212.05(1)(h).

The definition of a slot machine in Florida, does not include the following:

• a “coin-operated amusement machine” as defined in s. 212.02(24); or
• an amusement game or machine as described in s. 546.10.

The Florida Gaming Control Commission has the authority to seize contraband such as slot machines for forfeiture.

The technical definition of the term “slot machine or device” can be found in Section 849.16(1), F.S., which provides: ….the term “slot machine or device” means any machine or device or system or network of devices that is adapted for use in such a way that, upon activation, which may be achieved by, but is not limited to, the insertion of any piece of money, coin, account number, code, or other object or information, such device or system is directly or indirectly caused to operate or may be operated and if the user, whether by application of skill or by reason of any element of chance or any other outcome unpredictable by the user, may:

• (a) Receive or become entitled to receive any piece of money, credit, allowance, or thing of value, or any check, slug, token, or memorandum, whether of value or otherwise, which may be exchanged for any money, credit, allowance, or thing of value or which may be given in trade; or
• (b) Secure additional chances or rights to use such machine, apparatus, or device, even though the device or system may be available for free play or, in addition to any element of chance or unpredictable outcome of such operation, may also sell, deliver, or present some merchandise, indication of weight, entertainment, or other thing of value. The term “slot machine or device” includes, but is not limited to, devices regulated as slot machines pursuant to chapter 551.

Under Section 849.16(3), there is a rebuttable presumption that a device, system, or network is a prohibited slot machine or device if it is used to display images of games of chance and is part of a scheme involving any payment or donation of money or its equivalent and awarding anything of value.

Read more about whether gambling is legal in Florida.

Seizure for Forfeiture of Illegal Slot Machines in Florida

The Division of Gaming Enforcement (DGE) and its investigators are authorized under Section 16.711(4), F.S., to seize contraband under the Florida Contraband Forfeiture Act. The term “contraband” has the same meaning as “contraband article” in s. 932.701(2)(a)2., F.S.

Florida’s Division of Gaming Enforcement is also authorized to test and store contraband seized under the Florida Contraband Forfeiture Act. Florida law also allows DGC to authorize any of its staff to implement these provisions. Furthermore, other persons are authorized by law to seize contraband.

This article was last updated on Tuesday, September 3, 2024.