|
The 2025 Florida Statutes
|
|
|
F.S. 895.02895.02 Definitions.—As used in ss. 895.01-895.08, the term:(1) “Beneficial interest” means any of the following:(a) The interest of a person as a beneficiary under a trust established pursuant to s. 689.07 or s. 689.071 in which the trustee for the trust holds legal or record title to real property; (b) The interest of a person as a beneficiary under any other trust arrangement pursuant to which a trustee holds legal or record title to real property for the benefit of such person; or (c) The interest of a person under any other form of express fiduciary arrangement pursuant to which any other person holds legal or record title to real property for the benefit of such person. The term “beneficial interest” does not include the interest of a stockholder in a corporation or the interest of a partner in either a general partnership or a limited partnership. A beneficial interest shall be deemed to be located where the real property owned by the trustee is located. (2) “Civil proceeding” means any civil proceeding commenced by an investigative agency under s. 895.05 or any other provision of the Florida RICO Act. (3) “Criminal proceeding” means any criminal proceeding commenced by an investigative agency under s. 895.03 or any other provision of the Florida RICO Act. (4) “Documentary material” means any book, paper, document, writing, drawing, graph, chart, photograph, phonorecord, magnetic tape, computer printout, other data compilation from which information can be obtained or from which information can be translated into usable form, or other tangible item. (5) “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 it includes illicit as well as licit enterprises and governmental, as well as other, entities. A criminal gang, as defined in s. 874.03, constitutes an enterprise. (6) “Investigative agency” means the Department of Legal Affairs, the Office of Statewide Prosecution, or the office of a state attorney. (7) “Pattern of racketeering activity” means engaging in at least two incidents of racketeering conduct 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 at least one of such incidents occurred after October 1, 1977, and that the last of such incidents occurred within 5 years after a prior incident of racketeering conduct. (8) “Racketeering 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 petition, indictment, or information under the following provisions of the Florida Statutes:1. Section 104.155(2), relating to aiding or soliciting a noncitizen in voting. 2. Section 210.18, relating to evasion of payment of cigarette taxes. 3. Section 316.1935, relating to fleeing or attempting to elude a law enforcement officer and aggravated fleeing or eluding. 4. Chapter 379, relating to the illegal sale, purchase, collection, harvest, capture, or possession of wild animal life, freshwater aquatic life, or marine life, and related crimes. 5. Section 403.727(3)(b), relating to environmental control. 7. Section 414.39, relating to public assistance fraud. 9. Section 443.071(4), relating to creation of a fictitious employer scheme to commit reemployment assistance fraud. 10. Section 465.0161, relating to distribution of medicinal drugs without a permit as an Internet pharmacy. 11. Section 499.0051, relating to crimes involving contraband, adulterated, or misbranded drugs. 12. Part IV of chapter 501, relating to telemarketing. 13. Chapter 517, relating to sale of securities and investor protection. 15. Chapter 550, relating to jai alai frontons. 16. Section 551.109, relating to slot machine gaming. 17. Chapter 552, relating to the manufacture, distribution, and use of explosives. 18. Chapter 560, relating to money transmitters, if the violation is punishable as a felony. 19. Chapter 562, relating to beverage law enforcement. 20. 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. 21. Section 655.50, relating to reports of currency transactions, when such violation is punishable as a felony. 22. Chapter 687, relating to interest and usurious practices. 24. Section 775.13(5)(b), relating to registration of persons found to have committed any offense for the purpose of benefiting, promoting, or furthering the interests of a criminal gang. 25. Section 777.03, relating to commission of crimes by accessories after the fact. 26. Chapter 782, relating to homicide. 27. Chapter 784, relating to assault and battery. 28. Chapter 787, relating to kidnapping, human smuggling, or human trafficking. 29. Chapter 790, relating to weapons and firearms. 30. Chapter 794, relating to sexual battery, but only if such crime was committed with the intent to benefit, promote, or further the interests of a criminal gang, or for the purpose of increasing a criminal gang member’s own standing or position within a criminal gang. 32. Chapter 806, relating to arson and criminal mischief. 33. Chapter 810, relating to burglary and trespass. 34. Chapter 812, relating to theft, robbery, and related crimes. 35. Chapter 815, relating to computer-related crimes. 36. Chapter 817, relating to fraudulent practices, false pretenses, fraud generally, credit card crimes, and patient brokering. 37. Chapter 825, relating to abuse, neglect, or exploitation of an elderly person or disabled adult. 38. Section 827.071, relating to commercial sexual exploitation of children. 39. Section 828.122, relating to fighting or baiting animals. 40. Chapter 831, relating to forgery and counterfeiting. 41. Chapter 832, relating to issuance of worthless checks and drafts. 42. Section 836.05, relating to extortion. 43. Chapter 837, relating to perjury. 44. Chapter 838, relating to bribery and misuse of public office. 45. Chapter 843, relating to obstruction of justice. 47. Chapter 849, relating to gambling, lottery, gambling or gaming devices, slot machines, or any of the provisions within that chapter. 48. Chapter 874, relating to criminal gangs. 49. Chapter 893, relating to drug abuse prevention and control. 50. Chapter 896, relating to offenses related to financial transactions. 51. Sections 914.22 and 914.23, relating to tampering with or harassing a witness, victim, or informant, and retaliation against a witness, victim, or informant. 52. Sections 918.12, 918.125, and 918.13, relating to tampering with or harassing court official, retaliating against court official, and tampering with evidence. (b) Any conduct defined as “racketeering activity” under 18 U.S.C. s. 1961(1). (c) Any violation of Title 68, Florida Administrative Code, relating to the illegal sale, purchase, collection, harvest, capture, or possession of wild animal life, freshwater aquatic life, or marine life, and related crimes. (d) A violation of the Florida Election Code relating to irregularities or fraud involving issue petition activities. (9) “Real property” means any real property or any interest in such real property, including, but not limited to, any lease of or mortgage upon such real property. (10) “RICO lien notice” means the notice described in s. 895.05(13) or in s. 895.07. (11) “Trustee” means any of the following:(a) Any person acting as trustee pursuant to a trust established under s. 689.07 or s. 689.071 in which the trustee holds legal or record title to real property. (b) Any person who holds legal or record title to real property in which any other person has a beneficial interest. (c) Any successor trustee or trustees to any or all of the foregoing persons. However, the term “trustee” does not include any person appointed or acting as a personal representative as defined in s. 731.201 or appointed or acting as a trustee of any testamentary trust or as a trustee of any indenture of trust under which any bonds have been or are to be issued. (12) “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 551.109, relating to slot machine gaming. 4. Chapter 687, relating to interest and usury. (b) In gambling activity in violation of federal law or in the business of lending money at a rate usurious under state or federal law. History.—s. 2, ch. 77-334; s. 3, ch. 79-218; s. 300, ch. 79-400; s. 1, ch. 81-141; s. 1, ch. 83-65; s. 25, ch. 83-264; s. 2, ch. 84-9; s. 5, ch. 86-277; s. 1, ch. 87-139; s. 5, ch. 89-143; s. 2, ch. 90-246; s. 3, ch. 90-301; s. 13, ch. 91-33; s. 72, ch. 91-282; s. 4, ch. 92-125; s. 4, ch. 92-281; s. 65, ch. 92-348; s. 2, ch. 93-227; s. 106, ch. 93-415; s. 78, ch. 94-209; s. 91, ch. 95-211; s. 9, ch. 95-340; s. 107, ch. 96-175; s. 7, ch. 96-252; s. 5, ch. 96-260; s. 4, ch. 96-280; s. 7, ch. 96-387; s. 43, ch. 96-388; s. 2, ch. 97-78; s. 2, ch. 99-335; s. 17, ch. 2000-360; s. 31, ch. 2003-155; s. 161, ch. 2004-5; s. 13, ch. 2004-344; s. 11, ch. 2004-387; s. 5, ch. 2004-391; s. 143, ch. 2005-2; s. 8, ch. 2005-209; s. 13, ch. 2005-228; s. 3, ch. 2005-362; s. 4, ch. 2006-168; s. 17, ch. 2007-74; s. 42, ch. 2008-207; s. 17, ch. 2008-238; s. 21, ch. 2009-115; s. 25, ch. 2009-170; ss. 4, 5, ch. 2010-29; s. 81, ch. 2012-30; s. 17, ch. 2012-97; s. 6, ch. 2013-2; s. 4, ch. 2013-245; s. 23, ch. 2014-160; s. 35, ch. 2016-24; s. 1, ch. 2016-84; s. 9, ch. 2016-105; s. 5, ch. 2016-185; s. 25, ch. 2017-173; s. 6, ch. 2019-45; s. 1, ch. 2021-55; s. 11, ch. 2023-40; s. 12, ch. 2025-1; s. 90, ch. 2025-6; s. 19, ch. 2025-21; s. 7, ch. 2025-112; s. 6, ch. 2025-126.
| |
Annotations, Discussions, Cases:
Cases Citing Statute 895.02
Total Results: 95
543 So. 2d 1205, 1989 WL 34342
Supreme Court of Florida | Filed: Mar 30, 1989 | Docket: 1729777
Cited 112 times | Published
five-year limitation period
(F.S. 895.02(4)) if appropriate.
Note to Judge
605 So. 2d 56, 1992 WL 158189
Supreme Court of Florida | Filed: Jul 9, 1992 | Docket: 847019
Cited 75 times | Published
lease of or mortgage upon such real property." § 895.02(9), Fla. Stat. (1989).
In DeRuyter the Fifth District
605 So. 2d 56, 1992 WL 158189
Supreme Court of Florida | Filed: Jul 9, 1992 | Docket: 847019
Cited 75 times | Published
lease of or mortgage upon such real property." § 895.02(9), Fla. Stat. (1989).
In DeRuyter the Fifth District
983 So. 2d 464, 2008 WL 382742
Supreme Court of Florida | Filed: Feb 14, 2008 | Docket: 1665529
Cited 54 times | Published
continuing unit." Lugo, 845 So.2d at 97; see also § 895.02(3), Fla. Stat. (2006). To satisfy the "enterprise"
845 So. 2d 74, 2003 WL 359291
Supreme Court of Florida | Filed: Feb 20, 2003 | Docket: 1728751
Cited 54 times | Published
and governmental, as well as other, entities.
§ 895.02(3), Fla. Stat. (2001).
[45] That Schiller was
765 So. 2d 39, 2000 WL 966714
Supreme Court of Florida | Filed: Jul 14, 2000 | Docket: 428611
Cited 36 times | Published
and governmental, as well as other, entities.
§ 895.02(3), Fla. Stat. (1993). Given the similarity of
750 F. Supp. 1109, 1990 U.S. Dist. LEXIS 15044, 1990 WL 176026
District Court, M.D. Florida | Filed: Oct 11, 1990 | Docket: 1041824
Cited 30 times | Published
§ 1961(4) (Federal RICO) and Florida Statutes, § 895.02(3), (Florida RICO).
Defendants move to dismiss
570 So. 2d 257, 1990 WL 154236
Supreme Court of Florida | Filed: Oct 11, 1990 | Docket: 1350025
Cited 27 times | Published
advance this "racketeering" activity. Compare § 895.02(1)(a)28, Fla. Stat. (1989) (making sale or possession
521 So. 2d 252, 1988 WL 15460
District Court of Appeal of Florida | Filed: Mar 1, 1988 | Docket: 1270243
Cited 24 times | Published
constituted racketeering activity pursuant to section 895.02(1)(a)(16), Florida Statutes (1985) but claimed
572 So. 2d 522, 1990 WL 179049
District Court of Appeal of Florida | Filed: Nov 21, 1990 | Docket: 479655
Cited 23 times | Published
after a prior incident of racketeering conduct.
§ 895.02(4), Fla. Stat. (1987).
The simplified crux of
578 So. 2d 718, 1991 WL 1496
District Court of Appeal of Florida | Filed: Jan 8, 1991 | Docket: 1932181
Cited 21 times | Published
ELEMENT
An enterprise is broadly defined in section 895.02(3), Florida Statutes (1989), to include any
600 So. 2d 1093, 1992 WL 74900
Supreme Court of Florida | Filed: Apr 16, 1992 | Docket: 1527863
Cited 20 times | Published
associated in fact although not a legal entity." § 895.02(3), Fla. Stat. (1985). "Racketeering activity"
81 B.R. 119, 1987 U.S. Dist. LEXIS 12319, 1987 WL 31665
District Court, S.D. Florida | Filed: Dec 1, 1987 | Docket: 2511490
Cited 20 times | Published
of racketeering activity" pursuant to Fla.Stat. § 895.02(1)(a) (Florida RICO) and prays for treble damages
490 So. 2d 976
District Court of Appeal of Florida | Filed: May 7, 1986 | Docket: 976346
Cited 20 times | Published
conduct with similar methods, accomplices, etc. Section 895.02(4) provides:
"Pattern of racketeering activity"
814 F. Supp. 1084, 1992 U.S. Dist. LEXIS 20856, 1992 WL 443758
District Court, S.D. Florida | Filed: Dec 8, 1992 | Docket: 1296277
Cited 17 times | Published
as set forth in the Federal RICO Act. Fla.Stat. § 895.02(1)(a) and (b) define an "incident" of racketeering
919 F.2d 665, 1990 WL 187066
Court of Appeals for the Eleventh Circuit | Filed: Dec 18, 1990 | Docket: 66260036
Cited 15 times | Published
§§ 1961(6), 1962(c), and the Florida statute, § 895.02(2) (Supp.1990), he was not required to prove a
819 So. 2d 208, 2002 WL 1085251
District Court of Appeal of Florida | Filed: May 31, 2002 | Docket: 1456941
Cited 13 times | Published
provisions of the Florida Statutes enumerated therein. § 895.02(1)(a), Fla. Stat. (1987)." Harvey v. State, 617
546 So. 2d 72, 1989 WL 72105
District Court of Appeal of Florida | Filed: Jun 30, 1989 | Docket: 1443092
Cited 11 times | Published
clearly includes the issuance of worthless checks. § 895.02(1)(a)22, Florida Statutes (1987). An "enterprise"
529 So. 2d 711, 1988 WL 26257
District Court of Appeal of Florida | Filed: May 17, 1988 | Docket: 2515793
Cited 11 times | Published
specifically enumerated crime under the aegis of section 895.02. Even if the appellants had prevailed in their
967 So. 2d 768, 2007 WL 2002586
Supreme Court of Florida | Filed: Oct 18, 2007 | Docket: 1408397
Cited 10 times | Published
contention in the instant issue) is found in section 895.02, Florida Statutes (2002), and provides:
(1)
292 F. Supp. 2d 1357, 2003 U.S. Dist. LEXIS 21306
District Court, S.D. Florida | Filed: Nov 24, 2003 | Docket: 364871
Cited 10 times | Published
incident of battery and false imprisonment). Section 895.02(4) defines "pattern of racketeering" activity
221 F. Supp. 2d 1317, 2002 U.S. Dist. LEXIS 16563, 2002 WL 2002408
District Court, S.D. Florida | Filed: Aug 23, 2002 | Docket: 2017302
Cited 10 times | Published
prior incident of racketeering conduct.
Fla. Stat. § 895.02(4). Because the RICO statute is patterned after
727 So. 2d 199, 23 Fla. L. Weekly Supp. 485, 1998 Fla. LEXIS 1824, 1998 WL 650595
Supreme Court of Florida | Filed: Sep 24, 1998 | Docket: 1438077
Cited 10 times | Published
849.23, or s. 849.25, relating to gambling.
§ 895.02(1)(a)(32), Fla. Stat. (1995)(emphasis added).
652 So. 2d 877, 1995 WL 96398
District Court of Appeal of Florida | Filed: Mar 10, 1995 | Docket: 476296
Cited 10 times | Published
was involved in an "enterprise" as defined in section 895.02(3), Florida Statutes (Supp. 1992):
"Enterprise"
461 So. 2d 265, 10 Fla. L. Weekly 107
District Court of Appeal of Florida | Filed: Jan 2, 1985 | Docket: 464651
Cited 10 times | Published
levels or degrees of fraudulent activity. See § 895.02(1)(a)16. Thus, courts are not in a position to
596 So. 2d 775, 1992 WL 68850
District Court of Appeal of Florida | Filed: Apr 6, 1992 | Docket: 1296087
Cited 9 times | Published
enterprise under Florida law, as can an individual. Section 895.02(3), Florida Statutes (1989); see also, Bowen
541 So. 2d 1202, 1988 WL 126639
District Court of Appeal of Florida | Filed: Nov 30, 1988 | Docket: 284058
Cited 8 times | Published
constitute an "enterprise" *1203 as defined in section 895.02(3), Florida Statutes (1985). We agree.
The
917 So. 2d 383, 2005 WL 3555898
District Court of Appeal of Florida | Filed: Dec 30, 2005 | Docket: 1509600
Cited 7 times | Published
generally, and credit card crimes. (emphasis added)
§ 895.02(1)(a)(29), Fla. Stat.
The state relied on the
858 So. 2d 1211, 2003 WL 22657875
District Court of Appeal of Florida | Filed: Nov 12, 2003 | Docket: 2448149
Cited 7 times | Published
"enterprise" includes a criminal street gang. Id. § 895.02(3). It can also include a "group of individuals
858 So. 2d 1211, 2003 WL 22657875
District Court of Appeal of Florida | Filed: Nov 12, 2003 | Docket: 2448149
Cited 7 times | Published
"enterprise" includes a criminal street gang. Id. § 895.02(3). It can also include a "group of individuals
610 So. 2d 632, 1992 WL 365772
District Court of Appeal of Florida | Filed: Dec 15, 1992 | Docket: 1413332
Cited 7 times | Published
collection of an unlawful debt.
(Emphasis added.)
Section 895.02(3) defines "enterprise" to mean:
Any individual
566 So. 2d 3, 1990 Fla. App. LEXIS 3151, 1990 WL 58285
District Court of Appeal of Florida | Filed: May 8, 1990 | Docket: 547272
Cited 7 times | Published
Racketeer Influenced and Corrupt Organization Act, § 895.02, Fla. Stat. (1987), Florida Civil Remedies for
643 F. Supp. 1393
District Court, S.D. Florida | Filed: Oct 22, 1986 | Docket: 1502131
Cited 7 times | Published
similarity and interrelatedness among them. Section 895.02(4). Thus, while the federal statute has been
459 So. 2d 368
District Court of Appeal of Florida | Filed: Nov 1, 1984 | Docket: 1683327
Cited 7 times | Published
activity or the collection of an unlawful debt." Section 895.02(4) states:
"Pattern of racketeering activity"
970 So. 2d 403
District Court of Appeal of Florida | Filed: Nov 9, 2007 | Docket: 1324847
Cited 6 times | Published
constituted a pattern of racketeering activity under section 895.02(3), Florida Statutes (1991), and were illegal
910 So. 2d 287, 2005 WL 1705237
District Court of Appeal of Florida | Filed: Jul 22, 2005 | Docket: 1494483
Cited 6 times | Published
subsection (3).
A corporation is an "enterprise." § 895.02(3). "Racketeering activity" is defined as committing
701 So. 2d 1170, 1997 Fla. App. LEXIS 11137, 1997 WL 609982
District Court of Appeal of Florida | Filed: Oct 3, 1997 | Docket: 1424935
Cited 6 times | Published
section 849.09, the lottery statute, are listed. § 895.02(1)(a)32, Fla. Stat. (1995). The defendants perceptively
544 So. 2d 219, 1989 WL 29025
District Court of Appeal of Florida | Filed: Mar 31, 1989 | Docket: 1301178
Cited 6 times | Published
06, Fla. Stat. (1985 and Supp. 1986).
[2] Section 895.02, Florida Statutes (1985 and Supp. 1986), provides:
824 So. 2d 908, 2002 WL 1332792
District Court of Appeal of Florida | Filed: Jun 19, 2002 | Docket: 1729491
Cited 5 times | Published
a prior incident of racketeering conduct.
See § 895.02(4), Fla. Stat. (1993).
Given the fact that the
553 So. 2d 294, 1989 WL 145724
District Court of Appeal of Florida | Filed: Nov 30, 1989 | Docket: 1259218
Cited 5 times | Published
another to do so (e.g., Charles Adkins, Jr.).
Section 895.02(4), Fla. Stat. (1987) of the Florida RICO Act
532 So. 2d 1112, 1988 WL 109641
District Court of Appeal of Florida | Filed: Oct 19, 1988 | Docket: 1510302
Cited 5 times | Published
an enterprise. An "enterprise" is defined in section 895.02(3), Florida Statutes (1987) as:
... any individual
521 So. 2d 167, 1988 WL 7062
District Court of Appeal of Florida | Filed: Feb 5, 1988 | Docket: 1703671
Cited 5 times | Published
in this case were sales of obscene materials. § 895.02(1)(a)(23), Fla. Stat. The evidence adduced at
493 So. 2d 504, 11 Fla. L. Weekly 1830
District Court of Appeal of Florida | Filed: Aug 20, 1986 | Docket: 1671973
Cited 5 times | Published
the commission of only one offense whereas section 895.02(4) requires "two incidents" of racketeering
18 So. 3d 625, 2009 Fla. App. LEXIS 11226, 2009 WL 2450520
District Court of Appeal of Florida | Filed: Aug 12, 2009 | Docket: 1640536
Cited 4 times | Published
target street gangs. To accomplish this end, section 895.02(1)(a) was amended to include violations of
318 F. Supp. 2d 1160, 2004 U.S. Dist. LEXIS 9674
District Court, S.D. Florida | Filed: May 25, 2004 | Docket: 2339650
Cited 4 times | Published
845 So.2d 74, 97 (Fla.2003). As provided in section 895.02 of the Florida Statutes, the term "racketeering
758 So. 2d 1131, 2000 WL 313507
District Court of Appeal of Florida | Filed: Mar 29, 2000 | Docket: 1404151
Cited 4 times | Published
racketeering conduct. [emphasis supplied]
Fla. Stat. § 895.02(4)(1994). In the case at bar, the State contends
677 So. 2d 938, 1996 WL 410726
District Court of Appeal of Florida | Filed: Jul 24, 1996 | Docket: 1689943
Cited 4 times | Published
associated with an enterprise as defined by Section 895.02(3), Florida Statutes, to-wit: Caribbean Gulf
677 So. 2d 12, 1996 WL 324661
District Court of Appeal of Florida | Filed: Jun 14, 1996 | Docket: 1690141
Cited 4 times | Published
offense, to wit: Racketeering, as defined in Florida Statute 895.02(3), by association with or becoming employed
487 So. 2d 57
District Court of Appeal of Florida | Filed: Apr 1, 1986 | Docket: 1796600
Cited 4 times | Published
crime and the federal offenses referred to in Section 895.02(1)(b), Fla. Stat. (1981) are definitional only
869 F.3d 1301
Court of Appeals for the Eleventh Circuit | Filed: Sep 7, 2017 | Docket: 6148866
Cited 3 times | Published
“[rjacketeering activity.”
See
Fla. Stat. § 895.02(8)(a)(45). The district court reasoned that this
145 So. 3d 133, 2014 WL 2755838, 2014 Fla. App. LEXIS 9214
District Court of Appeal of Florida | Filed: Jun 18, 2014 | Docket: 60242632
Cited 3 times | Published
term “racketeering activity” as defined in section 895.02(1), Florida Statutes (2003) “means to commit
558 So. 2d 142, 1990 WL 26650
District Court of Appeal of Florida | Filed: Mar 13, 1990 | Docket: 1363098
Cited 3 times | Published
there be a "pattern of racketeering activity." Section 895.02(4) defines "pattern of racketeering activity"
815 F.2d 655
Court of Appeals for the Eleventh Circuit | Filed: Apr 28, 1987 | Docket: 66225070
Cited 3 times | Published
C. § 1961(1)(A), (B), (C), and (D).” Fla.Stat. § 895.02(l)(b). This statutory scheme permits the predicate
122 So. 3d 912, 2013 WL 4728355, 2013 Fla. App. LEXIS 14084
District Court of Appeal of Florida | Filed: Sep 4, 2013 | Docket: 60234803
Cited 2 times | Published
defined in s. 874.03, constitutes an enterprise.
§ 895.02(3), Fla. Stat. (2012) (emphasis supplied).1
Further
89 So. 3d 912, 2012 WL 385475, 2012 Fla. App. LEXIS 1784
District Court of Appeal of Florida | Filed: Feb 8, 2012 | Docket: 60308848
Cited 2 times | Published
See § 895.02(l)(a)(24), (38) (defining the predicate acts as “racketeering activity”); § 895.02(4) (defining
728 So. 2d 1206, 1999 WL 141852
District Court of Appeal of Florida | Filed: Mar 17, 1999 | Docket: 1673925
Cited 2 times | Published
to establish the existence of an enterprise. Section 895.02(3), Florida Statutes (1993), defines enterprise
645 So. 2d 575, 1994 WL 646336
District Court of Appeal of Florida | Filed: Nov 18, 1994 | Docket: 127947
Cited 2 times | Published
associated in fact although not a legal entity." § 895.02(3). "Pattern of racketeering activity" is defined
626 So. 2d 251, 1993 WL 369361
District Court of Appeal of Florida | Filed: Sep 22, 1993 | Docket: 2549979
Cited 2 times | Published
that the phrase "relating to prostitution" in section 895.02(1)(a)(16), Florida Statutes (1989), included
617 So. 2d 1144, 1993 WL 152381
District Court of Appeal of Florida | Filed: May 13, 1993 | Docket: 457934
Cited 2 times | Published
provisions of the Florida Statutes enumerated therein. § 895.02(1)(a), Fla. Stat. (1987). The guilty verdict on
570 So. 2d 952, 1990 WL 40327
District Court of Appeal of Florida | Filed: Dec 4, 1990 | Docket: 1349653
Cited 2 times | Published
provisions of subsections (1), (2), or (3)."
Section 895.02(3), Florida Statutes (1985), in turn, defines
539 So. 2d 499, 1989 WL 12440
District Court of Appeal of Florida | Filed: Feb 15, 1989 | Docket: 1511011
Cited 2 times | Published
control of any enterprise or real property.
Section 895.02(1)(a)(24) provides:
(1) "Racketeering activity"
213 So. 3d 930, 2017 Fla. App. LEXIS 3439
District Court of Appeal of Florida | Filed: Mar 15, 2017 | Docket: 60263949
Cited 1 times | Published
a “pattern of racketeering activity” under section 895.02(4), Florida Statutes (2007). We thus grant
162 So. 3d 297, 2015 Fla. App. LEXIS 4030, 2015 WL 1259557
District Court of Appeal of Florida | Filed: Mar 20, 2015 | Docket: 60247473
Cited 1 times | Published
coercing, or intimidating another person to do so. § 895.02(l)(a)(32), Fla. Stat. (2009). A “transaction”
123 So. 3d 54, 38 Fla. L. Weekly Supp. 680, 2013 WL 5381712, 2013 Fla. LEXIS 2067
Supreme Court of Florida | Filed: Sep 26, 2013 | Docket: 60235111
Cited 1 times | Published
the specified unlawful activity listed in Fla. Stat. 895.02 that is alleged in the charging document)
586 So. 2d 385, 1991 WL 148349
District Court of Appeal of Florida | Filed: Aug 8, 1991 | Docket: 1487824
Cited 1 times | Published
debt." The definition of "unlawful debt" in section 895.02(2) refers to many statutes making certain debts
573 So. 2d 1022, 1991 WL 9365
District Court of Appeal of Florida | Filed: Feb 1, 1991 | Docket: 196434
Cited 1 times | Published
not constitute an "enterprise" as defined by section 895.02(3), Florida Statutes (1985).[1] Upon remand
522 So. 2d 474, 1988 WL 21664
District Court of Appeal of Florida | Filed: Mar 17, 1988 | Docket: 1191284
Cited 1 times | Published
is not one of the predicate crimes listed in section 895.02. That this omission was intended by the legislature
68 B.R. 399, 1986 Bankr. LEXIS 4684
United States Bankruptcy Court, S.D. Florida. | Filed: Dec 30, 1986 | Docket: 1100535
Cited 1 times | Published
racketeering activity as contemplated by Fla.Stat. § 895.02. The Defendants qualify as an enterprise also
District Court of Appeal of Florida | Filed: Nov 13, 2024 | Docket: 69369590
Published
defined in s. 874.03, constitutes an enterprise.
§ 895.02(5), Fla. Stat. (emphasis added). 5
“Pattern
Supreme Court of Florida | Filed: Dec 19, 2019 | Docket: 16761655
Published
term “enterprise” is
added with a citation to section 895.02(5), Florida Statutes (2019), and providing
District Court of Appeal of Florida | Filed: Nov 1, 2019 | Docket: 16417126
Published
after a prior
incident of racketeering conduct. § 895.02(4), Fla. Stat. (2015).
260 So. 3d 941
Supreme Court of Florida | Filed: Dec 20, 2018 | Docket: 8439936
Published
"A[n] (name of the specified unlawful activity in § 895.02(8)(a)(1.-50. alleged) consists of (give elements
Supreme Court of Florida | Filed: Dec 20, 2018 | Docket: 14544796
Published
“A[n] (name of the
specified unlawful activity in § 895.02(8)(a)(l.-50. alleged) consists of (give
elements
254 So. 3d 477
District Court of Appeal of Florida | Filed: Sep 5, 2018 | Docket: 7804322
Published
occurred within five
years of the first incident. § 895.02(4), Fla. Stat. (2007). In this case, the
only
Court of Appeals for the Eleventh Circuit | Filed: Sep 7, 2017 | Docket: 6148991
Published
as
“[r]acketeering activity.” See Fla. Stat. § 895.02(8)(a)(45). The district court
reasoned that this
224 So. 3d 279, 2017 WL 2960768, 2017 Fla. App. LEXIS 9986
District Court of Appeal of Florida | Filed: Jul 12, 2017 | Docket: 6088799
Published
support of the two racketeering offenses. See § 895.02(7), Fla. Stat. (2014) (a “pattern of racketeering
217 So. 3d 103, 2017 Fla. App. LEXIS 5366
District Court of Appeal of Florida | Filed: Apr 19, 2017 | Docket: 60265608
Published
characteristics and are not isolated incidents.” § 895.02(4), Fla. Stat. (2008) (emphasis added).
So, to
170 So. 3d 112, 2015 Fla. App. LEXIS 9967, 2015 WL 3980627
District Court of Appeal of Florida | Filed: Jul 1, 2015 | Docket: 2679208
Published
definition of an “enterprise.”
See
§ 895.02(3), Fla. Stat. (2007). Section 874.03, Florida
170 So. 3d 825, 2015 Fla. App. LEXIS 8785, 2015 WL 3609072
District Court of Appeal of Florida | Filed: Jun 10, 2015 | Docket: 2663255
Published
the collection of an unlawful debt.
Section 895.02, Florida Statutes (2003), defines the terms
158 So. 3d 712, 2015 Fla. App. LEXIS 2279, 2015 WL 669563
District Court of Appeal of Florida | Filed: Feb 18, 2015 | Docket: 2634848
Published
or the collection of an unlawful debt.
Section 895.02, Florida Statutes (2003), defines the terms
172 So. 3d 450, 2015 Fla. App. LEXIS 1800, 2015 WL 543365
District Court of Appeal of Florida | Filed: Feb 11, 2015 | Docket: 2633391
Published
05(2)(a), Fla. Stat. (2014).'
6
. § 895.02 Fla. Stat. (2014).
150 So. 3d 838, 2014 Fla. App. LEXIS 17598, 2014 WL 5460623
District Court of Appeal of Florida | Filed: Oct 29, 2014 | Docket: 1453493
Published
criminal acts when only two were necessary under section 895.02(4), Florida Statutes. There was no error, much
115 So. 3d 1065, 2013 WL 2631877
District Court of Appeal of Florida | Filed: Jun 13, 2013 | Docket: 60232073
Published
predicate offenses. Compare § 775.0844(3)-(4), with § 895.02. It has been previously held by Florida courts
990 So. 2d 1221, 2008 Fla. App. LEXIS 14528, 2008 WL 4287115
District Court of Appeal of Florida | Filed: Sep 22, 2008 | Docket: 64855733
Published
prostitution), commits racketeering activity. See § 895.02(l)(a)25„ Fla. Stat. (2006).
967 So. 2d 333, 2007 Fla. App. LEXIS 15569, 2007 WL 2847880
District Court of Appeal of Florida | Filed: Oct 3, 2007 | Docket: 64852767
Published
not constitute *339racketeering as defined by section 895.02, Florida Statutes (2001). The State responds
910 So. 2d 434, 2005 Fla. App. LEXIS 14772, 2005 WL 2291842
District Court of Appeal of Florida | Filed: Sep 21, 2005 | Docket: 64840324
Published
an unlawful debt.
“Enterprise” is defined in section 895.02(3) as:
Any individual, sole proprietorship
850 So. 2d 1272, 28 Fla. L. Weekly Supp. 572, 2003 Fla. LEXIS 1146, 2003 WL 21511321
Supreme Court of Florida | Filed: Jul 3, 2003 | Docket: 64824176
Published
period (§ 895.02(k), Fla.Stat)■ if appropriate. See § 895.02(1), FlaStat.
Define the crimes alleged-as-ineide-nts-
811 So. 2d 819, 2002 Fla. App. LEXIS 3775, 2002 WL 440380
District Court of Appeal of Florida | Filed: Mar 22, 2002 | Docket: 64813527
Published
AFFIRMED.
HARRIS and PALMER, JJ., concur.
. § 895.02(3), Fla. Stat.
188 F. Supp. 2d 1359, 2002 U.S. Dist. LEXIS 3423, 2002 WL 337075
District Court, S.D. Florida | Filed: Feb 26, 2002 | Docket: 688021
Published
causes of action under the Florida RICO statute, § 895.02, et seq. and its federal counterpart 18 U.S.C
760 So. 2d 218, 2000 Fla. App. LEXIS 5695, 2000 WL 569673
District Court of Appeal of Florida | Filed: May 12, 2000 | Docket: 64797925
Published
defined in s. 874.03 constitutes an enterprise.
§ 895.02(3), Fla. Stat. (1997). The definition of enterprise
744 So. 2d 1197, 1999 Fla. App. LEXIS 14735, 1999 WL 999739
District Court of Appeal of Florida | Filed: Nov 5, 1999 | Docket: 64792224
Published
unlawful debt.” An “enterprise” is defined by section 895.02, Florida Statutes (1993) as follows:
(3) “Enterprise”
724 So. 2d 135, 1998 Fla. App. LEXIS 14986, 1998 WL 821751
District Court of Appeal of Florida | Filed: Nov 25, 1998 | Docket: 64785459
Published
definition of “racketeering activity” contained in section 895.02(1), Florida Statutes (1993), were intended
627 So. 2d 561, 1993 Fla. App. LEXIS 11935, 1993 WL 492540
District Court of Appeal of Florida | Filed: Dec 1, 1993 | Docket: 64744394
Published
felony. See § 895.04(1), Fla.Stat. (1991).
. See § 895.02(l)(a)17 and 29, Fla.Stat. (1991).
. As this
537 So. 2d 656, 14 Fla. L. Weekly 246, 1989 Fla. App. LEXIS 106, 1989 WL 1339
District Court of Appeal of Florida | Filed: Jan 13, 1989 | Docket: 64640045
Published
incidents” of racketeering conduct, as required by section 895.02(4), Florida Statutes (1987), to constitute
529 So. 2d 1278, 13 Fla. L. Weekly 2023, 1988 Fla. App. LEXIS 3767, 1988 WL 88515
District Court of Appeal of Florida | Filed: Aug 26, 1988 | Docket: 64636509
Published
an act of racketeering activity as defined in F.S. 895.02(l)(b).
After reviewing the taped telephone conversations