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.

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:

Cases Citing Statute 849.091

Total Results: 10

Kelly Mathis v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2016-10-14T00:00:00-07:00

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

Snippet: 895.03(3), Fla. Stat. (2013). 2 . § 849.091(1), Fla. Stat. (2013). 3 . § 849.15

State v. Croy

Court: Fla. Dist. Ct. App. | Date Filed: 2002-03-19T23:53:00-08:00

Citation: 813 So. 2d 993

Snippet: .. is hereby declared to be a lottery." § 849.091(1), Fla. Stat. (1999) (providing that "whoever…provision addressed to pyramid schemes, section 849.091, removes pyramid schemes from the purview of the…, altogether. The explicit language in section 849.091(1) declaring that pyramid schemes ("organization…proscribed by the misdemeanor statute, section 849.091(1), Florida Statutes (1999); and constituted instead… follows a guilty verdict"). [2] Section 849.091(1), Florida Statutes (1999), addresses any chain

Pirela v. Office of the Attorney General

Court: Fla. Dist. Ct. App. | Date Filed: 1999-04-28T00:00:00-07:00

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.

State Ex Rel. Shevin v. Turner

Court: Fla. Dist. Ct. App. | Date Filed: 1973-11-22T23:53:00-08:00

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…pyramid or chain operation which violates Section 849.091, Florida Statutes 1971, and therefore constitutes…gained from participation in the scheme. Section 849.091, Florida Statutes 1971, F.S.A., provides: "… ." Florida cases construing F.S. Section 849.091, F.S.A., have consistently held that an override…to find the defendants in violation of Section 849.091, Florida Statutes 1971, F.S.A. Therefore, an override

Bond v. Koscot Interplanetary, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1973-04-08T23:53:00-08:00

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…directors was a plan or device in violation of F.S., § 849.091, F.S.A. In our opinion, that holding is equally…within the following operative provisions of § 849.091: "The organization of any ... group organized… of an illegal lottery in violation of F.S., § 849.091, F.S.A. For this reason, we reverse the final judgment

State ex rel. Conner v. Turner

Court: Fla. Dist. Ct. App. | Date Filed: 1972-04-07T00:00:00-08:00

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… that this sales program violates F.S. Section 849.-091, F.S.A., and, therefore, those who conduct it …factual issues on which the application of Section 849.091 depends. The statute provides that an essential…the defendants does in fact violate F.S. Section 849.091, F.S.A. For us to do so now would be premature

Frye v. Taylor

Court: Fla. Dist. Ct. App. | Date Filed: 1972-03-08T23:53:00-08:00

Citation: 263 So. 2d 835

Snippet: transaction declared to be a lottery under Section 849.091, Florida Statutes, F.S.A. In addition, defendant…lottery within the spirit and letter of F.S. Section 849.091, F.S.A. and that the note sued upon for participation…chain process of securing membership. F.S. Section 849.091, F.S.A., sets forth the type of "pyramid club…letter" which constitutes a lottery: "849.091 Chain letters, pyramid clubs, etc., declared a …letter or pyramid transaction set forth in Section 849.091. The transaction in the case sub judice is ingenious

Bond v. Koscot Interplanetary, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1971-04-01T23:53:00-08:00

Citation: 246 So. 2d 631

Snippet: and therefore alleged to be violative of Section 849.091, Florida Statutes, F.S.A."; an assertion &… a pyramid or lottery as prohibited by Section 849.091, the contract embodying such scheme or plan would… the court and was in contravention of Section 849.091. With regard to the plaintiffs' cause of action…corporation, are severally void under F.S. Section 849.091, F.S.A., or voidable under Chapter 517, F.S.A.

Florida Discount Centers, Inc. v. Antinori

Court: Fla. Dist. Ct. App. | Date Filed: 1969-06-06T00:53:00-07:00

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…; 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

Court: Fla. Dist. Ct. App. | Date Filed: 1967-11-29T23:53:00-08:00

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