Florida Statutes
Fla. Stat. § 772.102 (2025)
Definitions.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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772.102 Definitions.—As used in this chapter, the term:
(1) “Criminal activity” means to commit, to attempt to commit, to conspire to commit, or to solicit, coerce, or intimidate another person to commit:
(a) Any crime that is chargeable by indictment or information under the following provisions:
1. Section 210.18, relating to evasion of payment of cigarette taxes.
2. Section 414.39, relating to public assistance fraud.
4. Part IV of chapter 501, relating to telemarketing.
5. Chapter 517, relating to securities transactions.
7. Chapter 550, relating to jai alai frontons.
8. Chapter 552, relating to the manufacture, distribution, and use of explosives.
9. Chapter 562, relating to beverage law enforcement.
10. Section 624.401, relating to transacting insurance without a certificate of authority, s. 624.437(4)(c)1., relating to operating an unauthorized multiple-employer welfare arrangement, or s. 626.902(1)(b), relating to representing or aiding an unauthorized insurer.
11. Chapter 687, relating to interest and usurious practices.
13. Chapter 782, relating to homicide.
14. Chapter 784, relating to assault and battery.
15. Chapter 787, relating to kidnapping or human trafficking.
16. Chapter 790, relating to weapons and firearms.
18. Chapter 806, relating to arson.
19. Section 810.02(2)(c), relating to specified burglary of a dwelling or structure.
20. Chapter 812, relating to theft, robbery, and related crimes.
21. Chapter 815, relating to computer-related crimes.
22. Chapter 817, relating to fraudulent practices, false pretenses, fraud generally, and credit card crimes.
23. Section 827.071, relating to commercial sexual exploitation of children.
24. Chapter 831, relating to forgery and counterfeiting.
25. Chapter 832, relating to issuance of worthless checks and drafts.
26. Section 836.05, relating to extortion.
27. Chapter 837, relating to perjury.
28. Chapter 838, relating to bribery and misuse of public office.
29. Chapter 843, relating to obstruction of justice.
30. Section 847.011, s. 847.012, s. 847.013, s. 847.06, or s. 847.07, relating to obscene literature and profanity.
32. Chapter 893, relating to drug abuse prevention and control.
(b) Any conduct which is subject to indictment or information as a criminal offense and listed in 18 U.S.C. s. 1961(1) (A), (B), (C), or (D).
(2) “Unlawful debt” means any money or other thing of value constituting principal or interest of a debt that is legally unenforceable in this state in whole or in part because the debt was incurred or contracted:
(a) In violation of any one of the following provisions of law:
2. Chapter 550, relating to jai alai frontons.
3. Section 687.071, relating to criminal usury and loan sharking.
(b) In gambling activity in violation of federal law or in the business of lending money at a rate usurious if punishable as a crime under state or federal law.
(3) “Enterprise” means any individual, sole proprietorship, partnership, corporation, business trust, union chartered under the laws of this state, or other legal entity, or any unchartered union, association, or group of individuals associated in fact although not a legal entity; and the term includes illicit as well as licit enterprises and governmental, as well as other, entities.
(4) “Pattern of criminal activity” means engaging in at least two incidents of criminal activity that have the same or similar intents, results, accomplices, victims, or methods of commission or that otherwise are interrelated by distinguishing characteristics and are not isolated incidents; provided that the last of such incidents occurred within 5 years after a prior incident of criminal activity. For the purposes of this chapter, the term “pattern of criminal activity” shall not include two or more incidents of fraudulent conduct arising out of a single contract or transaction against one or more related persons.
(5) “Real property” means any real property or any direct or indirect interest in such real property. An interest in any lease of or mortgage upon real property shall be considered an interest in such real property.
(6) “Related persons” means, as to natural persons, persons who are related by blood within the second degree or who are married and, as to other persons, persons which are substantially under the same direction, ownership, or control, either directly or indirectly.
History.—s. 3, ch. 86-277; s. 3, ch. 90-301; s. 12, ch. 91-33; s. 66, ch. 91-110; s. 4, ch. 92-125; s. 3, ch. 92-281; s. 63, ch. 92-348; s. 2, ch. 93-227; s. 104, ch. 93-415; s. 7, ch. 95-340; s. 106, ch. 96-175; s. 6, ch. 96-252; s. 4, ch. 96-260; s. 92, ch. 99-3; s. 2, ch. 99-335; s. 12, ch. 2005-228; s. 2, ch. 2006-168; s. 2, ch. 2009-22; s. 23, ch. 2009-170; ss. 4, 5, ch. 2010-29; s. 15, ch. 2012-97; s. 16, ch. 2014-160; s. 4, ch. 2016-185; s. 2, ch. 2019-45; s. 5, ch. 2025-126.
Notes of Decisions
Cited in 66
cases (37 in the last 5 years), 1987–2025 · leading case: Gordon Jones & Laura Jones v. John H. Childers & Talent Servs., Inc., 18 F.3d 899 (11th Cir. 1994).
Gordon Jones & Laura Jones v. John H. Childers & Talent Servs., Inc., 18 F.3d 899 (11th Cir. 1994). “The district court therefore concluded that the sales of Telron I and II constituted a pattern of criminal activity as defined in Fla.Stat. § 772.102(4) and § 772.103. These criminal acts were found to comprise the necessary predicate acts to create civil liability under § 772.”
Lennar Corp. v. Briarwood Capital LLC, 430 B.R. 253 (Bankr. S.D. Florida 2010). “05 , in violation of Fla. Stat. § 772.102 (a)(26); (b) mail fraud, as defined in 18 U.”
Sandra Jackson v. BellSouth Telecomm., 372 F.3d 1250 (11th Cir. 2004). “Fla. Stat. § 772.102 (4). 18 . A RICO enterprise may include any "individual, partnership, corporation, association, or other legal entity, and any union or group of individuals associated in fact although not a legal entity.”
Veldora Arthur v. JP Morgan Chase Bank, N.A., 569 F. App'x 669 (11th Cir. 2014). “Fla. Stat. § 772.102 (4). The Appellants’ Florida RICO claims are based on a pattern of criminal activity involving predicate state law crimes of fraud, theft, and perjury, and a predicate federal law crime of mail fraud.”
Spadaro v. City of Miramar, 855 F. Supp. 2d 1317 (S.D. Fla. 2012). “” Fla. Stat. § 772.102 (3). Here, Caravella contends that he has adequately alleged that the City of Miramar Police Department and the BSO are enterprises under these definitions.”
Colonial Penn Ins. v. Value Rent-A-Car Inc., 814 F. Supp. 1084 (S.D. Fla. 1992). “§ 772.102(3) and § 772.-103. (Complaint, ¶ 33).”
Anthony Distributors, Inc. v. Miller Brewing Co., 882 F. Supp. 1024 (M.D. Fla. 1995). “” Fla.Stat. § 772.102(4) (emphasis added). Defendant ignores the fact that there are two Plaintiffs, each with their own contract.”
Anthony Distributors, Inc. v. Miller Brewing Co., 941 F. Supp. 1567 (M.D. Fla. 1996). “§ 772.102(4) (1995). Thus, the threshold inquiry is whether Miller has engaged in “criminal activity.”
Jackson v. BellSouth Telecomm., Inc., 181 F. Supp. 2d 1345 (S.D. Fla. 2001). “See Fla. Stat. § 772.102 (4) (stating that the incidents must "have the same or similar intents, results, accomplices, victims or methods of commission or .”
Batlemento v. Dove Fountain, Inc., 593 So. 2d 234 (Fla. 5th DCA 1991). “NOTES [1] Appellees also sued for violation of section 772.102, Florida Statutes (1989), but the jury found in favor of the appellants on this claim.”
Eagletech Commc'ns, Inc. v. Bryn Mawr Inv. Grp., Inc., 79 So. 3d 855 (Fla. 4th DCA 2012). “Section 772.102 .defines a “pattern of criminal activity” as “engaging in at least two incidents of criminal activity that have the same or similar intents, results, accomplices, victims, or methods of commission or that otherwise are interrelated by distinguishing…”
Lockheed Martin Corp. v. Boeing Co., 314 F. Supp. 2d 1198 (M.D. Fla. 2004). “RICO Act consists of engaging in at least two incidents of criminal activity that have the same or similar intents, results, accomplices, victims, or methods of commission or that otherwise are interrelated by distinguishing characteristics and are not isolated incidents;…”
— 772.102(1) — 1 case
Goines v. Lee Mem'l Health Sys. (M.D. Fla. 2020).
— 772.102(1)(a) — 27 cases
In Re Rospatch Sec. Litig., 760 F. Supp. 1239 (W.D. Mich. 1991).
RLS Bus. VENTURES, INC. v. Second Chance Wholesale, Inc., 779 So. 2d 421 (Fla. 2d DCA 2000).
S.Y. v. Wyndham Hotels & Resorts, Inc. (M.D. Fla. 2021).
C.S. v. Naples Hotel Co. (M.D. Fla. 2021).
C.S. v. Wyndham Hotels & Resorts, Inc. (M.D. Fla. 2021).
— 772.102(1)(a)(22) — 1 case
Bass v. Morgan, Lewis & Bockius, 516 So. 2d 1011 (Fla. 3d DCA 1987).
— 772.102(3) — 24 cases
Colonial Penn Ins. v. Value Rent-A-Car Inc., 814 F. Supp. 1084 (S.D. Fla. 1992). “§ 772.102(3) and § 772.-103. (Complaint, ¶ 33).”
Marcus v. Miller, 663 So. 2d 1340 (Fla. 4th DCA 1995).
C.S. v. Wyndham Hotels & Resorts, Inc. (M.D. Fla. 2021).
S.Y. v. Wyndham Hotels & Resorts, Inc. (M.D. Fla. 2021).
S.Y. v. Wyndham Hotels & Resorts, Inc. (M.D. Fla. 2021).
— 772.102(33) — 1 case
Spence-Jones v. Rundle, 991 F. Supp. 2d 1221 (S.D. Fla. 2013).
— 772.102(4) — 35 cases
Gordon Jones & Laura Jones v. John H. Childers & Talent Servs., Inc., 18 F.3d 899 (11th Cir. 1994). “The district court therefore concluded that the sales of Telron I and II constituted a pattern of criminal activity as defined in Fla.Stat. § 772.102(4) and § 772.103. These criminal acts were found to comprise the necessary predicate acts to create civil liability under § 772.”
Lockheed Martin Corp. v. Boeing Co., 314 F. Supp. 2d 1198 (M.D. Fla. 2004). “RICO Act consists of engaging in at least two incidents of criminal activity that have the same or similar intents, results, accomplices, victims, or methods of commission or that otherwise are interrelated by distinguishing characteristics and are not isolated incidents;…”
Colonial Penn Ins. v. Value Rent-A-Car Inc., 814 F. Supp. 1084 (S.D. Fla. 1992). “§ 772.102(3) and § 772.-103. (Complaint, ¶ 33).”
Florida Evergreen Foliage v. E.I. DuPont De Nemours & Co., 336 F. Supp. 2d 1239 (S.D. Fla. 2004).
Eagletech Commc'ns, Inc. v. Bryn Mawr Inv. Grp., Inc., 79 So. 3d 855 (Fla. 4th DCA 2012). “Section 772.102 .defines a “pattern of criminal activity” as “engaging in at least two incidents of criminal activity that have the same or similar intents, results, accomplices, victims, or methods of commission or that otherwise are interrelated by distinguishing…”
— 772.102(l)(a) — 3 cases
Anthony Distributors, Inc. v. Miller Brewing Co., 941 F. Supp. 1567 (M.D. Fla. 1996). “§ 772.102(4) (1995). Thus, the threshold inquiry is whether Miller has engaged in “criminal activity.”
Atlantis Grp., Inc. v. Rospatch Corp., 760 F. Supp. 1239 (W.D. Mich. 1991).
Allen v. Greenwasser (In Re Greenwasser), 269 B.R. 918 (Bankr. S.D. Florida 2001).
— 772.102(l)(a)(19) — 1 case
Anthony Distributors, Inc. v. Miller Brewing Co., 882 F. Supp. 1024 (M.D. Fla. 1995). “” Fla.Stat. § 772.102(4) (emphasis added). Defendant ignores the fact that there are two Plaintiffs, each with their own contract.”
— 772.102(l)(a)(3) — 1 case
Gordon Jones & Laura Jones v. John H. Childers & Talent Servs., Inc., 18 F.3d 899 (11th Cir. 1994). “The district court therefore concluded that the sales of Telron I and II constituted a pattern of criminal activity as defined in Fla.Stat. § 772.102(4) and § 772.103. These criminal acts were found to comprise the necessary predicate acts to create civil liability under § 772.”
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