Florida statute
Fla. Stat. § 849.091 — Chain letters, pyramid clubs, etc., declared a lottery; prohibited; penalties
Current through 2025 Florida Statutes
Part of Chapter 849: Gambling, Florida Statutes.
Criminal charges under this statute
Full text of Fla. Stat. § 849.091
Statutory text current through the 2025 Florida Statutes. This publication reproduces the official statutory text; it is not the official statutes of the State of Florida.
(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.
Official sources
Legal terms used in this section
Questions this section answers
Is chain letters, pyramid clubs, etc., declared a lottery; prohibited; penalties a felony or a misdemeanor in Florida?
Chain letters, pyramid clubs, etc., declared a lottery; prohibited; penalties is a Misdemeanor of the First Degree in Florida under Fla. Stat. § 849.091.
Which Florida statute covers chain letters, pyramid clubs, etc., declared a lottery; prohibited; penalties?
Chain letters, pyramid clubs, etc., declared a lottery; prohibited; penalties is governed by Fla. Stat. § 849.091 (Chain letters, pyramid clubs, etc., declared a lottery; prohibited; penalties).
This reference is informational and is not legal advice.