Senate Bill 1634

CODING: Words stricken are deletions; words underlined are additions.



    Florida Senate - 1998                                  SB 1634

    By Senator Horne





    6-1127-98

  1                      A bill to be entitled

  2         An act relating to pyramid promotional schemes;

  3         prohibiting persons from promoting pyramid

  4         promotional schemes; providing definitions;

  5         providing a penalty; providing an effective

  6         date.

  7

  8  Be It Enacted by the Legislature of the State of Florida:

  9

10         Section 1.  (1)  As used in this section, the term:

11         (a)  "Compensation" means the payment of money, a thing

12  of value, or any financial benefit, but does not include:

13         1.  Payment to persons based upon sales of products

14  purchased for actual use or consumption, including products

15  used or consumed by persons in the plan.

16         2.  Payment to persons under reasonable commercial

17  terms.

18         (b)  "Consideration" means the payment of cash or

19  purchase of products, but does not include:

20         1.  Purchase of products furnished at cost to be used

21  in making sales and not for resale.

22         2.  Purchase of products where the seller offers to

23  repurchase the buyer's products under reasonable commercial

24  terms.

25         3.  A person's time and effort in pursuit of sales or

26  recruiting activities.

27         (c)  "Participant" means a person who contributes money

28  into a pyramid promotional scheme.

29         (d)  "Person" means an individual, a corporation, a

30  partnership, or any association, or unincorporated

31  organization.

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                                  SB 1634
    6-1127-98




  1         (e)  "Product" means goods, a service, or an intangible

  2  property.

  3         (f)  "Promote" means:

  4         1.  To contrive, prepare, establish, plan, operate, or

  5  advertise a pyramid promotional scheme; or

  6         2.  To induce or attempt to induce another person to be

  7  a participant in a pyramid promotional scheme.

  8         (g)  "Pyramid promotional scheme" means any plan or

  9  operation by which a participant gives consideration for the

10  opportunity to receive compensation that is derived primarily

11  from the participant's introduction of other persons into a

12  plan or operation rather than from the sale of products by the

13  participant or other persons introduced into the plan or

14  operation.

15         (h)  "Reasonable commercial terms" includes repurchase

16  by the seller, at the buyer's request or upon termination of

17  the business relationship or contract with the seller, of all

18  unencumbered products purchased by the buyer from the seller

19  within the previous 12 months which are unused and in

20  commercially resalable condition, at a price that is not less

21  than 90 percent of the actual amount paid by the buyer to the

22  seller of the products, less any consideration received by the

23  buyer for purchase of the products that are being repurchased.

24  A product is not considered nonresalable solely because the

25  product is no longer marketed by the seller, unless it is

26  clearly disclosed to the buyer at the time of the sale that

27  the product is a seasonal, discontinued, or special

28  promotional product and is not subject to the repurchase

29  obligation.

30         (2)  A person may not promote in this state a pyramid

31  promotional scheme.

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                                  SB 1634
    6-1127-98




  1         (3)  A person who violates this section is guilty of a

  2  felony of the second degree as provided in section 775.082 or

  3  section 775.083, Florida Statutes.

  4         Section 2.  This act shall take effect July 1, 1998.

  5

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  7                          SENATE SUMMARY

  8    Prohibits any person from promoting a pyramid promotional
      scheme. Provides definitions. Provides that a person who
  9    violates the prohibition is guilty of a second-degree
      felony.
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