Fla. Stat. 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.

Source: Section 849.091 — Chain letters, pyramid clubs, etc., declared a lottery; prohibited; penalties, https://www.­flsenate.­gov/Laws/Statutes/2024/0849.­091 (accessed Aug. 7, 2025).

849.01
Keeping gambling houses, etc
849.02
Agents or employees of keeper of gambling house
849.03
Renting house for gambling purposes
849.04
Permitting minors and persons under guardianship to gamble
849.05
Prima facie evidence
849.07
Permitting gambling on billiard or pool table by holder of license
849.08
Gambling
849.09
Lottery prohibited
849.10
Printing lottery tickets, etc., prohibited
849.11
Plays at games of chance by lot
849.12
Money and prizes to be forfeited
849.13
Punishment on second conviction
849.14
Unlawful to bet on result of trial or contest of skill, etc
849.15
Manufacture, sale, possession, etc., of slot machines or devices prohibited
849.16
Machines or devices which come within provisions of law defined
849.17
Confiscation of machines by arresting officer
849.18
Disposition of machines upon conviction
849.19
Property rights in confiscated machine
849.20
Machines and devices declared nuisance
849.21
Injunction to restrain violation
849.22
Fees of clerk of circuit court and sheriff
849.23
Penalty for violations of ss
849.25
“Bookmaking” defined
849.26
Gambling contracts declared void
849.29
Persons against whom suits may be brought to recover on gambling contracts
849.30
Plaintiff entitled to writs of attachment, garnishment and replevin
849.31
Loser’s testimony not to be used against her or him
849.32
Notice to state attorney
849.33
Judgment and collection of money
849.34
Loser’s judgment
849.35
Definitions
849.36
Seizure and forfeiture of property used in the violation of lottery and gambling statutes
849.37
Disposition and appraisal of property seized under this chapter
849.38
Proceedings for forfeiture
849.39
Delivery of property to claimant
849.40
Proceeding when no claim filed
849.41
Proceeding when claim filed
849.42
State attorney to represent state
849.43
Judgment of forfeiture
849.44
Disposition of proceeds of forfeiture
849.45
Fees for services
849.46
Exercise of police power
849.085
Certain penny-ante games not crimes
849.086
Cardrooms authorized
849.091
Chain letters, pyramid clubs, etc., declared a lottery
849.092
Motor fuel retail business
849.094
Game promotion in connection with sale of consumer products or services
849.141
Bowling tournaments exempted from chapter
849.142
Exempted activities
849.231
Gambling devices
849.232
Property right in gambling devices
849.233
Penalty for violation of s
849.235
Possession of certain gambling devices
849.251
Wagering, aiding, abetting, or conniving to race or wager on greyhounds or other dogs
849.0915
Referral selling
849.0931
Bingo authorized
849.0935
Charitable, nonprofit organizations

Current through Fall 2025

§ 849.091. Chain letters, pyramid clubs, etc., declared a lottery; prohibited; penalties's source at flsenate​.gov