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Florida Statute 895.2 - Full Text and Legal Analysis
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The 2025 Florida Statutes

Title XLVI
CRIMES
Chapter 895
OFFENSES CONCERNING RACKETEERING AND ILLEGAL DEBTS
View Entire Chapter
F.S. 895.02
895.02 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.
6. Section 409.920 or s. 409.9201, relating to Medicaid fraud.
7. Section 414.39, relating to public assistance fraud.
8. Section 440.105 or s. 440.106, relating to workers’ compensation.
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.
14. Section 550.235 or s. 550.3551, relating to dogracing and horseracing.
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.
23. Section 721.08, s. 721.09, or s. 721.13, relating to real estate timeshare plans.
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.
31. Former s. 796.03, former s. 796.035, s. 796.04, s. 796.05, or s. 796.07, relating to prostitution.
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.
46. Section 847.011, s. 847.012, s. 847.013, s. 847.06, or s. 847.07, relating to obscene literature and profanity.
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:
1. Section 550.235 or s. 550.3551, relating to dogracing and horseracing.
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.
5. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s. 849.25, relating to gambling.
(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.

F.S. 895.02 on Google Scholar

F.S. 895.02 on CourtListener

Amendments to 895.02


Annotations, Discussions, Cases:

Cases Citing Statute 895.02

Total Results: 95

In Re Stan. Jury Instr. in Criminal Cases

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

Butterworth v. Caggiano

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

Butterworth v. Caggiano

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

Doorbal v. State

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"

Lugo v. State

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

Gross v. State

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

Knight v. EF Hutton and Co., Inc.

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

Stall v. State

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

State v. Nishi

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

Donovan v. State

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

Boyd v. State

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

State v. Lucas

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"

Marill Alarm Systems, Inc. v. Equity Funding Corp. (In Re Marill Alarm Systems, Inc.)

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

Finkelstein v. Southeast Bank, NA

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"

Colonial Penn Insurance v. Value Rent-A-Car Inc.

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

Wright v. Sheppard

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

Black v. State

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

Masonoff v. State

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"

Shaktman v. State

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

State v. Rubio

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)

Nicor International Corp. v. El Paso Corp.

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

Allocco v. City of Coral Gables

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

DEPT. of LEGAL AFFAIRS v. Bradenton Group

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).

Brown v. State

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"

Banderas v. Banco Cent. Del Ecuador

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

Wilson v. State

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

Day v. State

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

State v. Rubio

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

Jackson v. State

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

Jackson v. State

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

Shimek v. State

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

First Pacific Corp. v. Sociedade De Empreendimentos E Construcoes, Ltda.

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

Chisholm & Co. v. Bank of Jamaica

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

Carroll v. State

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"

Bradenton Group, Inc. v. State

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

Pizzo v. State

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

Bradenton Group, Inc. v. Dept. of Legal Affairs

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

State v. Long

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:

Mese v. State

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

State v. Adkins

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

State v. Smith

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

Martinez v. Heinrich

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

State v. Russo

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

Hagopian v. Justice Administrative Commission

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

Nicor International Corp. v. El Paso Corp.

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

State v. Marks

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

State v. Jackson

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

State v. Nuckolls

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

Rogers v. State

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

United States v. Larry L. Masino

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

State v. Reyan

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

Watts v. State

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"

Driscoll v. Smith Barney, Harris, Upham & Co.

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

Castro v. State

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

Sanchez v. State

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

Gross v. State

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

Clark v. State

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

State v. Kessler

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

Harvey v. State

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

State v. Lucas

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

Vickery v. State

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"

Castillo v. State

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

Hardie v. State

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”

In re Standard Jury Instructions in Criminal Cases

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)

Polakoff v. State

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

Day v. State

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

State v. Sun City Oil Co., Inc.

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

Marill Security Services, Inc. v. Open Door Capital Corp. (In Re Marill Alarm Systems, Inc.)

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

Wester v. State of Florida

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

In Re: Standard Jury Instructions in Criminal Cases - Report 2019-06

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

Ronald Clark Ball v. State of Florida

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).

In Re: Standard Jury Instructions in Criminal Cases-Report 2018-06.

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

In Re: Standard Jury Instructions in Criminal Cases - Report 2018-06

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

VICTOR CASTILLO v. STATE OF FLORIDA

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

United States v. Larry L. Masino

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

Vass v. State

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

Godinez v. State

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

Victor Castillo v. State of Florida

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

Kingland Estates, Ltd. v. Davis

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

Joel De La Osa v. State

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

Marolf & Marolf v. Miami-Dade County

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).

Ricardo Casco v. State

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

State v. Levitan

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

Baker v. State

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).

Deonarine v. State

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

Ghanem v. State

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

Standard Jury Instructions in Criminal Cases-Submission 2002-1

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-

Helmadollar v. State

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.

Republic of Ecuador v. Philip Morris Companies

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

Bejerano v. State

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

Weinacht v. State

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”

State v. Gusow

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

Bordo, Inc. v. State

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

Crews v. State

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

Telfare v. State

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