Florida Statute Slot Machine

4/11/2022

Slot Machines and Lotteries Under the 1885 Florida Constitution The constitutional story of slot machines in Florida began with a statute authorizing these machines in 1935. 10 Shortly after passage, the city of Miami brought a constitutional challenge to the slot machine statute under the anti-lottery provision of the 1885 Florida Constitution. Based upon such a description, the machines in question would appear to constitute slot machines as defined in section 849.16 (1), Florida Statutes. Pursuant to section 849.15, Florida Statutes, it is unlawful to possess or permit the operation of any machine or device that satisfies the description provided in section 849.16, Florida Statutes. Appellants contend that the trial court erred in concluding that the Legislature's 2009 amendment to section 551.102(4), Florida Statutes, which expanded the scope of the entities authorized to conduct slot machine gaming in Florida, is constitutional because, they contend, it conflicts with Article X, section 23 of the Florida Constitution.