Department of Business Regulation, Division of Alcoholic Beverages & Tobacco v. Rains

DANAHY, Judge.

The question presented to us is whether a slot machine constitutes gambling paraphernalia subject to forfeiture under the Florida Contraband Forfeiture Act, sections 932.701-932.704, Florida Statutes (1983) (the Act). We hold that it does, and reverse the order of the trial judge denying forfeiture.

The machine involved in this case is called a Video Hi-Lo Double Up Joker Poker machine. At the outset, we note that the appellees present no argument that the machine is not a slot machine as defined in section 849.16, Florida Statutes (1983). We take that to be a tacit admission…