(1) Referral selling, whereby the seller gives or offers a rebate or discount to the buyer as an inducement for a sale in consideration of the buyer’s providing the seller with the names of prospective purchasers, is declared to be a lottery if earning the rebate or discount is contingent upon the occurrence of an event subsequent to the time the buyer agrees to buy.
(2) Any person conducting a lottery by referral selling is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(3) In addition to the penalty provided herein, the Attorney General and her or his assistants, the state attorneys and their assistants, and the Division of Consumer Services of the Department of Agriculture and Consumer Services are authorized to apply to the circuit court within their respective jurisdictions, and such court shall have jurisdiction, upon hearing and for cause shown, to grant a temporary or permanent injunction restraining any person from violating the provisions of this section, whether or not there exists an adequate remedy at law, and such injunction shall issue without bond.
History.—s. 1, ch. 72-110; s. 34, ch. 73-334; s. 1361, ch. 97-102.
Structure Florida Statutes
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.
849.085 - Certain Penny-Ante Games Not Crimes; Restrictions.
849.086 - Cardrooms Authorized.
849.09 - Lottery Prohibited; Exceptions.
849.091 - Chain Letters, Pyramid Clubs, etc., Declared a Lottery; Prohibited; Penalties.
849.092 - Motor Fuel Retail Business; Certain Activities Permitted.
849.0931 - Bingo Authorized; Conditions for Conduct; Permitted Uses of Proceeds; Limitations.
849.094 - Game Promotion in Connection With Sale of Consumer Products or Services.
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.
849.141 - Bowling Tournaments Exempted From Chapter.
849.142 - Exempted Activities.
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; Place of Operation Subject to Lien for Fine.
849.21 - Injunction to Restrain Violation.
849.22 - Fees of Clerk of Circuit Court and Sheriff.
849.23 - Penalty for Violations of Ss. 849.15-849.22.
849.231 - Gambling Devices; Manufacture, Sale, Purchase or Possession Unlawful.
849.232 - Property Right in Gambling Devices; Confiscation.
849.233 - Penalty for Violation of S. 849.231.
849.235 - Possession of Certain Gambling Devices; Defense.
849.25 - “Bookmaking” Defined; Penalties; Exceptions.
849.26 - Gambling Contracts Declared Void; Exception.
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; Prosecution of Suit.
849.33 - Judgment and Collection of Money; Execution.
849.34 - Loser’s Judgment; Recovery of Property; Writ of Assistance.
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; Notice of Seizure and Order to Show Cause.
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.