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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 (including Special Session C)

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:

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 . . .