Florida SB 712: Autonomous Vehicles

Bill Text

712 
Prohibition of Pyramid Promotional Schemes 
2025-12-03T04:43:37Z 
Citing this act as the “Direct Sales Consumer Protection Act”; prohibiting a person from establishing, promoting, operating, or participating in a pyramid promotional scheme; requiring the Department of Legal Affairs to issue and serve a complaint and cease and desist order in certain instances; providing penalties, etc. 
Original Filed Version 
2026 
S 
2026-07-01T00:00:00Z 
GB 
General Bill 
__ 

 Florida Senate - 2026 SB 712 

 By Senator Yarborough 

 4-01047-26 2026712__ 
 1 A bill to be entitled 
 2 An act relating to the prohibition of pyramid 
 3 promotional schemes; providing a short title; amending 
 4 s. 849.091, F.S.; deleting provisions relating to 
 5 pyramid sales schemes; creating s. 849.0913, F.S.; 
 6 defining terms; prohibiting a person from 
 7 establishing, promoting, operating, or participating 
 8 in a pyramid promotional scheme; providing 
 9 construction; requiring the Department of Legal 
 10 Affairs to issue and serve a complaint and cease and 
 11 desist order in certain instances; establishing 
 12 procedures for cease and desist orders; providing 
 13 penalties; providing for restitution; authorizing the 
 14 department to apply for an injunction; providing 
 15 requirements for an injunction; authorizing the court 
 16 to appoint a receiver; providing for the powers and 
 17 duties of such receivership; authorizing the court to 
 18 issue an order to stay certain actions and requiring 
 19 such actions be assigned to the judge who appointed 
 20 the receiver; providing that specified provisions and 
 21 penalties are in addition to civil, administrative, or 
 22 criminal actions provided by law; providing an 
 23 effective date. 
 24 
 25 Be It Enacted by the Legislature of the State of Florida: 
 26 
 27 Section 1. This act may be cited as the “Direct Sales 
 28 Consumer Protection Act.” 
 29 Section 2. Section 849.091, Florida Statutes, is amended to 
 30 read: 
 31 849.091 Chain letters, pyramid clubs, etc., declared a 
 32 lottery; prohibited; penalties.— 
 33 (1) The organization of any chain letter club, pyramid 
 34 club, or other group organized or brought together under any 
 35 plan or device whereby fees or dues or anything of material 
 36 value to be paid or given by members thereof are to be paid or 
 37 given to any other member thereof, which plan or device includes 
 38 any provision for the increase in such membership through a 
 39 chain process of new members securing other new members and 
 40 thereby advancing themselves in the group to a position where 
 41 such members in turn receive fees, dues, or things of material 
 42 value from other members, is hereby declared to be a lottery, 
 43 and whoever shall participate in any such lottery by becoming a 
 44 member of, or affiliating with, any such group or organization 
 45 or who shall solicit any person for membership or affiliation in 
 46 any such group or organization commits a misdemeanor of the 
 47 first degree, punishable as provided in s. 775.082 or s. 
 48 775.083. 
 49 (2) A “pyramid sales scheme,” which is any sales or 
 50 marketing plan or operation whereby a person pays a 
 51 consideration of any kind, or makes an investment of any kind, 
 52 in excess of $100 and acquires the opportunity to receive a 
 53 benefit or thing of value which is not primarily contingent on 
 54 the volume or quantity of goods, services, or other property 
 55 sold in bona fide sales to consumers, and which is related to 
 56 the inducement of additional persons, by himself or herself or 
 57 others, regardless of number, to participate in the same sales 
 58 or marketing plan or operation, is hereby declared to be a 
 59 lottery, and whoever shall participate in any such lottery by 
 60 becoming a member of or affiliating with, any such group or 
 61 organization or who shall solicit any person for membership or 
 62 affiliation in any such group or organization commits a 
 63 misdemeanor of the first degree, punishable as provided in s. 
 64 775.082 or s. 775.083. For purposes of this subsection, the term 
 65 “consideration” and the term “investment” do not include the 
 66 purchase of goods or services furnished at cost for use in 
 67 making sales, but not for resale, or time and effort spent in 
 68 the pursuit of sales or recruiting activities. 
 69 Section 3. Section 849.0913, Florida Statutes, is created 
 70 to read: 
 71 849.0913 Pyramid promotional schemes prohibited; 
 72 enforcement; remedies; penalties.— 
 73 (1) As used in this section, the term: 
 74 (a) “Compensation” means a payment of any money, thing of 
 75 value, or financial benefit conferred in return for inducing a 
 76 person to participate in a pyramid promotional scheme. 
 77 (b) “Consideration” means the payment of money or the 
 78 purchase of a product, good, service, or intangible property. 
 79 The term does not include the purchase of a product or service