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Florida Statute 849.091 | Lawyer Caselaw & Research
F.S. 849.091 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 849.091

The 2023 Florida Statutes

Title XLVI
CRIMES
Chapter 849
GAMBLING
View Entire Chapter
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.

F.S. 849.091 on Google Scholar

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:

10 Cases from Casetext:Date Descending

U.S. Supreme Court11th Cir. - Ct. App.11th Cir. - MD FL11th Cir. - ND FL11th Cir. - SD FLFed. Reg.Secondary Sources - All

  1. Mathis v. State

    208 So. 3d 158 (Fla. Dist. Ct. App. 2016)   Cited 2 times
    § 849.091(1), Fla. Stat. (2013).
    PAGE 160

  2. Parra v. Minto Town Park, LLC

    Case No. 08-14168-CIV-GRAHAM/LYNCH (S.D. Fla. Oct. 29, 2008)   Cited 3 times

    cause of action. Consequently, Count IV is dismissed. F. Count V (Violations of Florida Statute § 849.091(2)) In Count V, Plaintiffs seek a declatory judgment against the Developer on the grounds that the

  3. State v. Croy

    813 So. 2d 993 (Fla. Dist. Ct. App. 2002)   Cited 3 times
    The decision in Adams does not support Mr. Croy's contention in the present case that the misdemeanor provision addressed to pyramid schemes, section 849.091, removes pyramid schemes from the purview of the general lottery statute, section 849.09, altogether. The explicit language in section 849.091(1) declaring that pyramid schemes ("organization of any . . . pyramid club") are lotteries places pyramid schemes within the ambit of the general felony lottery statute, excepting only such conduct as the misdemeanor statute proscribes itself.
    PAGE 995

  4. PIRELA v. OFFICE, THE ATTORNEY GEN

    730 So. 2d 850 (Fla. Dist. Ct. App. 1999)
    Affirmed. §§ 849.091, 501.203(3)(c), Fla. Stat. (1997);see Federal Trade Comm'n. v. American Standard Credit Sys., Inc., 874 F. Supp. 1080, 1090 (C.D. Cal. 1994).

  5. State ex Rel. Shevin v. Turner

    285 So. 2d 623 (Fla. Dist. Ct. App. 1973)   Cited 2 times
    Also prohibited as lotteries are pyramid clubs where something of value stands to be gained from participation in the scheme. Section 849.091, Florida Statutes 1971, F.S.A., provides:

  6. Bond v. Koscot Interplanetary, Inc.

    276 So. 2d 198 (Fla. Dist. Ct. App. 1973)   Cited 2 times
    We held in Frye v. Taylor, Fla.App. 1972, 263 So.2d 835, that the above described relationship between the defendant and the so-called directors was a plan or device in violation of F.S., § 849.091, F.S.A. In our opinion, that holding is equally applicable to the above described relationship between the defendant and its supervisors. It would appear to us that the relationship between the defendant and its supervisors and directors falls within the following operative provisions of § 849.091:
    PAGE 199

  7. State ex Rel. Conner v. Turner

    260 So. 2d 274 (Fla. Dist. Ct. App. 1972)
    The appellants, Doyle Conner, the Commissioner of Agriculture, and Rom W. Powell, County Solicitor of Orange County, Florida, filed a civil action in the Circuit Court for Orange County, Florida, against Glenn W. Turner, Glenn W. Turner Enterprises, Inc., and Dare To Be Great, Inc. The complaint sought among other things a temporary and a permanent injunction prohibiting defendants from operating a plan or scheme allegedly in violation of F.S. Section 849.091, F.S.A. (which prohibits chain letters, pyramid clubs, etc.). The complaint alleges that defendants operate a business which involves the sale of personal motivation courses. Such courses are allegedly sold in four parts and under a sales plan whereby a person who buys the third or fourth part of the course may ". . . sell and enroll other persons and receive a commission for such sale or enrollment." The appellants' legal theory is that this sales program violates F.S. Section 849.091, F.S.A., and, therefore, those who conduct it are guilty of maintaining a nuisance as defined in F.S. Section 823.05, F.S.A., and are subject to injunction under F.S. Section 60.05, F.S.A.

  8. Frye v. Taylor

    263 So. 2d 835 (Fla. Dist. Ct. App. 1972)   Cited 14 times
    F.S. Section 849.091, F.S.A., sets forth the type of "pyramid club" or "chain letter" which constitutes a lottery:

  9. Bond v. Koscot Interplanetary, Inc.

    246 So. 2d 631 (Fla. Dist. Ct. App. 1971)   Cited 20 times
    In my opinion, the factual allegations set forth in Counts I and II of the complaint are sufficient to show that the respective contracts between the several plaintiffs and the defendant, Koscot Interplanetary, Inc., a Florida corporation, are severally void under F.S. Section 849.091, F.S.A., or voidable under Chapter 517, F.S.A. Such would support an action for restitution. I therefore concur in the conclusion that Counts I and II of the complaint are sufficient to state a cause of action against the corporate defendant, Koscot Interplanetary, Inc., and in the conclusion that the remaining counts of the complaint are insufficient to state a cause of action in favor of any of the appellants against any of the appellees.
    PAGE 637

  10. Florida Discount Centers v. Antinori

    226 So. 2d 693 (Fla. Dist. Ct. App. 1969)   Cited 7 times
    In my opinion appellant's "plan of operation" contravenes the pyramid club statute, F.S. § 849.091 F.S.A., as construed in the Childress case; but I do not think it constitutes a security within F.S. Ch. 517 F.S.A., under the reasoning of the Gallion case, which involved "Alabama's similar securities law." I would therefore affirm as to the alleged lottery violation, and reverse as to the alleged securities violation.
    PAGE 696

    Cases from cite.case.law:

    MATHIS, v. STATE, 208 So. 3d 158 (Fla. Dist. Ct. App. 2016)

    . . . . § 849.091(1), Fla. Stat. (2013). . § 849.15, Fla. . . .

    STATE v. CROY,, 813 So. 2d 993 (Fla. Dist. Ct. App. 2002)

    . . . .” § 849.091(1), Fla. . . . contention in the present case that the misdemeanor provision addressed to pyramid schemes, section 849.091 . . . The explicit language in section 849.091(1) declaring that pyramid schemes (“organization of any ... . . . the pyramid club or mere solicitation to join, both proscribed by the misdemeanor statute, section 849.091 . . . Section 849.091(1), Florida Statutes (1999), addresses any chain letter club, pyramid club, or other . . .

    UNITED STATES v. GOLD UNLIMITED, INC., 177 F.3d 472 (6th Cir. 1999)

    . . . . § 849.091(2) (West 1998); Miss.Code Ann. § 75-24-51(5) (1998); Mo. Ann. . . .

    PIRELA, v. OFFICE OF ATTORNEY GENERAL, Of, 730 So. 2d 850 (Fla. Dist. Ct. App. 1999)

    . . . . §§ 849.091, 501.203(3)(c), Fla. Stat. (1997); see Federal Trade Comm’n. v. . . .

    STATE L. SHEVIN, v. W. TURNER,, 285 So. 2d 623 (Fla. Dist. Ct. App. 1973)

    . . . the defendants’ method of sales distribution is a pyramid or chain operation which violates Section 849.091 . . . Section 849.091, Florida Statutes 1971, F. . . . defendants’ sales scheme would have to be proved by the state to find the defendants in violation of Section 849.091 . . . Section 849.091, F.S.A., and was at least adequate at this stage to state a cause of action. . . .

    BOND v. KOSCOT INTERPLANETARY, INC. a, 276 So. 2d 198 (Fla. Dist. Ct. App. 1973)

    . . . . § 849.091, F.S.A. and that plaintiffs’ contracts with the defendant were securities for purposes of . . . relationship between the defendant and the so-called directors was a plan or device in violation of F.S., § 849.091 . . . the defendant and its supervisors and directors falls within the following operative provisions of § 849.091 . . .

    STATE CONNER, W. v. W. TURNER, W. a To Be a, 260 So. 2d 274 (Fla. Dist. Ct. App. 1972)

    . . . Section 849.091, F.S.A. (which prohibits chain letters, pyramid clubs, etc.). . . . These are critical factual issues on which the application of Section 849.091 depends. . . . Section 849.091, F.S.A. . . .

    W. FRYE, v. W. TAYLOR,, 263 So. 2d 835 (Fla. Dist. Ct. App. 1972)

    . . . was given in consideration of participation in a transaction declared to be a lottery under Section 849.091 . . . Section 849.091, F.S.A. and that the note sued upon for participation in such illegal transaction is . . . Section 849.091, F.S.A., sets forth the type of “pyramid club” or “chain letter” which constitutes a . . . lottery: “849.091 Chain letters, pyramid clubs, etc., declared a lottery; prohibited; penalties. — The . . . Section 849.091, F.S.A. . . .

    BOND v. KOSCOT INTERPLANETARY, INC. a W. a, 246 So. 2d 631 (Fla. Dist. Ct. App. 1971)

    . . . Section 849.091, F.S.A., or voidable under Chapter 517, F.S.A. . . . ”, (described in the complaint) “is believed to be and therefore alleged to be violative of Section 849.091 . . . alleged scheme as described in their complaint constitutes a pyramid or lottery as prohibited by Section 849.091 . . . purchasers constituted a pyramid club under the facts before the court and was in contravention of Section 849.091 . . .

    FLORIDA DISCOUNT CENTERS, INC. a v. ANTINORI, Jr. FLORIDA DISCOUNT CENTERS, INC. a v. STATE O. DICKINSON, Jr., 226 So. 2d 693 (Fla. Dist. Ct. App. 1969)

    . . . . § 849.091 F.S.A., as construed in the Childress case; but I do not think it constitutes a security . . . maximum of 3000 participants prevents this scheme from being a pyramid club forbidden by Florida Statutes 849.091 . . .

    FLORIDA DISCOUNT CENTERS, v. STATE ATTORNEY,, 31 Fla. Supp. 54 (Hillsborough Cty. Cir. Ct. 1968)

    . . . That definition is found in §849.091, Florida Statutes, as follows — Chain letters, pyramid clubs, etc . . .

    M. LIPPINCOTT MORTGAGE INVESTMENT CO. OF FLORIDA, v. CHILDRESS, 204 So. 2d 919 (Fla. Dist. Ct. App. 1967)

    . . . . § 849.091, F.S.A., as part of the statutory law of Florida, and which is as follows: "Chain letters . . .