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Florida Statute 849.231 | Lawyer Caselaw & Research
F.S. 849.231 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 849.231

The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 849
GAMBLING
View Entire Chapter
F.S. 849.231
849.231 Gambling devices; manufacture, sale, purchase or possession unlawful.
(1) Except in instances when the following described implements or apparatus are being held or transported by authorized persons for the purpose of destruction, as hereinafter provided, and except in instances when the following described instruments or apparatus are being held, sold, transported, or manufactured by persons who have registered with the United States Government pursuant to the provisions of Title 15 of the United States Code, ss. 1171 et seq., as amended, so long as the described implements or apparatus are not displayed to the general public, sold for use in Florida, or held or manufactured in contravention of the requirements of 15 U.S.C. ss. 1171 et seq., it shall be unlawful for any person to manufacture, sell, transport, offer for sale, purchase, own, or have in his or her possession any roulette wheel or table, faro layout, crap table or layout, chemin de fer table or layout, chuck-a-luck wheel, bird cage such as used for gambling, bolita balls, chips with house markings, or any other device, implement, apparatus, or paraphernalia ordinarily or commonly used or designed to be used in the operation of gambling houses or establishments, excepting ordinary dice and playing cards.
(2) In addition to any other penalties provided for the violation of this section, any occupational license held by a person found guilty of violating this section shall be suspended for a period not to exceed 5 years.
(3) This section and s. 849.05 do not apply to a vessel of foreign registry or a vessel operated under the authority of a country except the United States, while docked in this state or transiting in the territorial waters of this state.
History.s. 1, ch. 29665, 1955; s. 9, ch. 74-385; s. 1, ch. 77-174; s. 2, ch. 87-255; s. 1372, ch. 97-102.

F.S. 849.231 on Google Scholar

F.S. 849.231 on Casetext

Amendments to 849.231


Arrestable Offenses / Crimes under Fla. Stat. 849.231
Level: Degree
Misdemeanor/Felony: First/Second/Third

S849.231 - GAMBLING DEVICE-POSSESS - PARAPHERNALIA - M: F



Annotations, Discussions, Cases:

Cases from cite.case.law:

A. BUTTERWORTH, v. TROPIC CASINO CRUISES, INC. d b a, 796 So. 2d 1283 (Fla. Dist. Ct. App. 2001)

. . . . § 849.231. . . . Stat. § 849.231 prohibits the manufacture, sale, transport, and possession of a large variety of gambling . . . Stat. § 849.231 specifically exempts possession of such equipment in Florida by those who register under . . . Stat. § 849.231 is a statute of specific application to the activities of SUNCRUZ, this Court applies . . . Stat. § 849.231. AFFIRMED. SHARP, W. and SAWAYA, JJ., concur. . . .

LOVE, v. STATE, 584 So. 2d 645 (Fla. Dist. Ct. App. 1991)

. . . Information which charged the Defendant with unlawful possession of a blackjack table in violation of Section 849.231 . . .

STATE OF FLORIDA v. LOVE, 47 Fla. Supp. 2d 48 (Fla. Cir. Ct. 1991)

. . . Information which charged the Defendant with unlawful possession of a blackjack table in violation of Section 849.231 . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES, 543 So. 2d 1205 (Fla. 1989)

. . . .— 849.231 Lottery 849.09(l)(b) None Attempt Lottery — 849.09(l)(f) Lottery — 849.09(l)(g) Lottery — . . . 849.09(l)(h) Lottery — 849.09(1)® Lottery — 849.09(1)® Lottery — 849.09(l)(k) Gambling devices, etc.— 849.231 . . . CATEGORY 2 Lottery — 849.09(l)(i) Lottery — 849.09(l)(j) Lottery — 849.09(1)00 Gambling devices, etc.— 849.231 . . . 849.09(l)(j) Lottery — 849.09(l)(k) Playing at game of chance by lot-849.11 Gambling devices, etc.— 849.231 . . .

DEPARTMENT OF BUSINESS REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO, v. RAINS d b a s Hi- Lo Up No., 477 So. 2d 1029 (Fla. Dist. Ct. App. 1985)

. . . Schultz dealt with the interpretation of an entirely different statute, section 849.231, and reflected . . . the view of the supreme court that certain items listed in section 849.231 could be innocent in nature . . .

HALL, F. v. STATE, 460 So. 2d 428 (Fla. Dist. Ct. App. 1984)

. . . by lot or dice, cards, numbers, hazards or any other gambling device whatever for ...,” and section 849.231 . . . We hold that both section 849.-11 and section 849.231 contain elements separate and distinct from those . . . Similarly, the elements of section 849.231 are not necessarily included in those of section 849.09(l) . . . As in the case of section 849.11, establishing a violation of section 849.231 would require proof of . . .

SCHULTZ, v. STATE D. RAMSAY, v. STATE, 361 So. 2d 416 (Fla. 1978)

. . . review the judgments of the County Court of Orange County upholding the constitutionality of Section 849.231 . . . Two issues are presented: first, whether Section 849.231 is unconstitutionally vague and indefinite or . . . Upon entering pleas of not guilty, they each filed motions to dismiss, alleging that Section 849.231 . . . The relevant portion of Section 849.231 provides: 849.231 Gambling devices; manufacture, sale, purchase . . . With this construction, we hold that Section 849.231 is neither unconstitutionally vague or overbroad . . .

STATE v. KATZ, 295 So. 2d 356 (Fla. Dist. Ct. App. 1974)

. . . CURRENCY USED AND BEING USED IN CONNECTION WITH GAMBLING & BOOKMAKING AND IN VIOLATION OF FSS 849.01, FSS 849.231 . . . CURRENCY USED AND BEING USED IN CONNECTION WITH GAMBLING & BOOKMAKING AND IN VIOLATION OF FSS 849.01, FSS 849.231 . . .