Florida Statute 849.091 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 849
GAMBLING

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F.S. 849.091

849.091 Chain letters, pyramid clubs, etc., declared a lottery; prohibited; penalties.—

(1) The organization of any chain letter club, pyramid club, or other group organized or brought together under any plan or device whereby fees or dues or anything of material value to be paid or given by members thereof are to be paid or given to any other member thereof, which plan or device includes any provision for the increase in such membership through a chain process of new members securing other new members and thereby advancing themselves in the group to a position where such members in turn receive fees, dues, or things of material value from other members, is hereby declared to be a lottery, and whoever shall participate in any such lottery by becoming a member of, or affiliating with, any such group or organization or who shall solicit any person for membership or affiliation in any such group or organization commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(2) A “pyramid sales scheme,” which is any sales or marketing plan or operation whereby a person pays a consideration of any kind, or makes an investment of any kind, in excess of $100 and acquires the opportunity to receive a benefit or thing of value which is not primarily contingent on the volume or quantity of goods, services, or other property sold in bona fide sales to consumers, and which is related to the inducement of additional persons, by himself or herself or others, regardless of number, to participate in the same sales or marketing plan or operation, is hereby declared to be a lottery, and whoever shall participate in any such lottery by becoming a member of or affiliating with, any such group or organization or who shall solicit any person for membership or affiliation in any such group or organization commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. For purposes of this subsection, the term “consideration” and the term “investment” do not include the purchase of goods or services furnished at cost for use in making sales, but not for resale, or time and effort spent in the pursuit of sales or recruiting activities.

History.—s. 1, ch. 25096, 1949; s. 1065, ch. 71-136; s. 1, ch. 91-15; s. 215, ch. 91-224; s. 1360, ch. 97-102.

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F.S. 849.091 on Casetext

Amendments to 849.091

Arrestable Offenses / Crimes under Fla. Stat. 849.091

Level: Degree
Misdemeanor/Felony: First/Second/Third

S849.091 - LOTTERY - CHAIN LETTER PYRAMID - M: F

S849.091 2 - LOTTERY - PYRAMID SALES SCHEME - M: F

Annotations, Discussions, Cases:

Cases Citing Statute 849.091

Total Results: 10

Kelly Mathis v. State

Court: District Court of Appeal of Florida | Date Filed: 2016-10-14

Citation: 208 So. 3d 158, 2016 Fla. App. LEXIS 15339

Snippet: 03(3), Fla. Stat. (2013). 2 . § 849.091(1), Fla. Stat. (2013). 3 . § 849

State v. Croy

Court: District Court of Appeal of Florida | Date Filed: 2002-03-20

Citation: 813 So. 2d 993, 2002 WL 424603

Snippet: club ... is hereby declared to be a lottery." § 849.091(1), Fla. Stat. (1999) (providing that "whoever

Pirela v. Office of the Attorney General

Court: District Court of Appeal of Florida | Date Filed: 1999-04-28

Citation: 730 So. 2d 850, 1999 Fla. App. LEXIS 5414, 1999 WL 247337

Snippet: PER CURIAM. Affirmed. §§ 849.091, 501.203(3)(c), Fla. Stat. (1997); see Federal Trade Comm’n. v. American

State Ex Rel. Shevin v. Turner

Court: District Court of Appeal of Florida | Date Filed: 1973-11-23

Citation: 285 So. 2d 623

Snippet: activities within the proscription of F.S. Section 849.091, F.S.A., and was at least adequate at this stage

Bond v. Koscot Interplanetary, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1973-04-09

Citation: 276 So. 2d 198

Snippet: operation was a lottery in violation of F.S. § 849.091, F.S.A. and that plaintiffs' contracts with the

State ex rel. Conner v. Turner

Court: District Court of Appeal of Florida | Date Filed: 1972-04-07

Citation: 260 So. 2d 274, 1972 Fla. App. LEXIS 6963

Snippet: scheme allegedly in violation of F.S. Section 849.091, F.S.A. (which prohibits chain letters, pyramid

Frye v. Taylor

Court: District Court of Appeal of Florida | Date Filed: 1972-03-09

Citation: 263 So. 2d 835

Snippet: transaction declared to be a lottery under Section 849.091, Florida Statutes, F.S.A. In addition, defendant

Bond v. Koscot Interplanetary, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1971-04-02

Citation: 246 So. 2d 631

Snippet: and therefore alleged to be violative of Section 849.091, Florida Statutes, F.S.A."; an assertion "that

Florida Discount Centers, Inc. v. Antinori

Court: District Court of Appeal of Florida | Date Filed: 1969-06-06

Citation: 226 So. 2d 693

Snippet: being a pyramid club forbidden by Florida Statutes 849.091, F.S.A. and that the requirement that the founders

M. Lippincott Mortgage Investment Co. v. Childress

Court: District Court of Appeal of Florida | Date Filed: 1967-11-30

Citation: 204 So. 2d 919

Snippet: because of the adoption by the legislature of F.S. § 849.091, F.S.A., as part of the statutory law of Florida