Florida Statute 849.91 - Full Text and Legal Analysis

The 2025 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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Amendments to 849.091

Annotations, Discussions, Cases:

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

Cases Citing Statute 849.091

Total Results: 9

Bond v. Koscot Interplanetary, Inc.

246 So. 2d 631

District Court of Appeal of Florida | Filed: Apr 2, 1971 | Docket: 403074

Cited 19 times | Published

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

Frye v. Taylor

263 So. 2d 835

District Court of Appeal of Florida | Filed: Mar 9, 1972 | Docket: 1693286

Cited 15 times | Published

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

Florida Discount Centers, Inc. v. Antinori

226 So. 2d 693

District Court of Appeal of Florida | Filed: Jun 6, 1969 | Docket: 449706

Cited 11 times | Published

operation" contravenes the pyramid club statute, F.S. § 849.091 F.S.A., as construed in the Childress case; but

M. Lippincott Mortgage Investment Co. v. Childress

204 So. 2d 919

District Court of Appeal of Florida | Filed: Nov 30, 1967 | Docket: 1319520

Cited 11 times | Published

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

State Ex Rel. Shevin v. Turner

285 So. 2d 623

District Court of Appeal of Florida | Filed: Nov 23, 1973 | Docket: 1491679

Cited 2 times | Published

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

State v. Croy

813 So. 2d 993, 2002 WL 424603

District Court of Appeal of Florida | Filed: Mar 20, 2002 | Docket: 1403394

Cited 1 times | Published

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

Bond v. Koscot Interplanetary, Inc.

276 So. 2d 198

District Court of Appeal of Florida | Filed: Apr 9, 1973 | Docket: 1439198

Cited 1 times | Published

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

Kelly Mathis v. State

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

District Court of Appeal of Florida | Filed: Oct 14, 2016 | Docket: 4481309

Published

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

State ex rel. Conner v. Turner

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

District Court of Appeal of Florida | Filed: Apr 7, 1972 | Docket: 64525190

Published

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