Annotations, Discussions, Cases:
Cases Citing Statute 895.02
Total Results: 93
543 So. 2d 1205, 1989 WL 34342
Supreme Court of Florida | Filed: Mar 30, 1989 | Docket: 1729777
Cited 112 times | Published
...(Defendant) [used] [invested] some of these proceeds [or proceeds derived from the investment or use thereof] either directly or indirectly [in acquiring some right, title, equity or interest in real property] [in establishing or operating an enterprise]. Note to Judge Instruct as to five-year limitation period (F.S. 895.02(4)) if appropriate....
...f the proceeds or had his suspicions aroused but deliberately failed to make further inquiry as to the source of the proceeds. Give as "Real property" means land and whatever is erected applicable on it. It includes but is not limited to any lease F.S. 895.02(9) or mortgage or other interest in that property. *1228 Give as applicable F.S. 895.02(3) "Enterprise" means any individual, sole proprietorship, partnership, corporation, business trust, union chartered under the laws of Florida, or other legal entity, or any unchartered union, association, or group of individuals associated...
...Definitions Give in every "Receiving proceeds with criminal intent" means case that the defendant, at the time he received the proceeds, either knew the source of the proceeds or had his suspicions aroused but deliberately failed to make further inquiry as to the source of the proceeds. F.S. 895.02(2) "Unlawful debt" means any money or other thing of value constituting principal or interest of a debt that is legally unenforceable in Florida in whole or in part because the debt was incurred or contracted in violation of the following law: (recite applicable section and define crime). Give as applicable F.S. 895.02(9) "Real property" means land and whatever is erected on it. It includes but is not limited to any lease or mortgage or other interest in that property. Give as applicable F.S. 895.02(3) "Enterprise" means any individual, sole proprietorship, partnership, corporation, business trust, union chartered under the laws of Florida, or other legal entity, or any unchartered union, association, or group of individuals associated...
...ics and were not isolated incidents. 3. As a result of such incidents (defendant) [acquired] [maintained], directly or indirectly, interest in or control of [an enterprise] [real property]. Note to Judge Instruct as to five-year limitation period (F.S. 895.02(4)) if appropriate. Note to Judge Define the crimes alleged as incidents. Definitions Give as applicable F.S. 895.02(3) "Enterprise" means any individual, sole proprietorship, partnership, corporation, business trust, union chartered under the laws of Florida, or other legal entity, or any unchartered union, association, or group of individuals associated...
...ental as well as other entities. Note to Judge Whether an individual can be an enterprise see State v. Nishi, 521 So.2d 252 (Fla. 3d DCA 1988) and State v. Bowen, 413 So.2d 798 (Fla. 1st DCA 1983), rev. den. 424 So.2d 760. *1230 Give as applicable F.S. 895.02(9) "Real property" means land and whatever is erected on it....
...nstituting principal or interest of a debt that is legally unenforceable in Florida in whole or in part because the debt was incurred or contracted in violation of the following law: (recite applicable section and define crime). Give as applicable F.S. 895.02(3) "Enterprise" means any individual, sole proprietorship, partnership, corporation, business trust, union chartered under the laws of Florida, or other legal entity, or any unchartered union, association, or group of individuals associated...
...overnmental as well as other entities. Note to Judge Whether an individual can be an enterprise see State v. Nishi, 521 So.2d 252 (Fla. 3d DCA 1988) and State v. Bowen, 413 So.2d 798 (Fla. 1st DCA 1983), rev. den. 424 So.2d 760. Give as applicable F.S. 895.02(9) "Real property" means land and whatever is erected on it....
...(Defendant) was [employed by] [associated with] an enterprise. Defendant may or 2. (Defendant) [conducted] [participated], may not be directly or indirectly, in such enterprise "enterprise." through the knowing collection of an unlawful See note below. debt. Definitions F.S. 895.02(2) "Unlawful debt" means any money or other thing of value constituting principal or interest of a debt that is legally unenforceable in Florida in whole or in part because the debt was incurred or contracted in violation of the following law: (recite applicable section and define crime)....
...Of those incidents in which (defendant) was engaged, at least two of them had the same or similar [intents] [results] [accomplices] [victims] [methods of commission] or were interrelated by distinguishing characteristics and were not isolated incidents. Note to Judge Instruct as to five-year limitation period (F.S. 895.02(4)) if appropriate. Note to Judge Define the crimes alleged as incidents. Definitions Give as applicable F.S. 895.02(3) "Enterprise" means any individual, sole proprietorship, partnership, corporation, business trust, union chartered under the laws of Florida, or other legal entity, or any unchartered union, association, or group of individuals associated...
...Definitions: "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. F.S. 895.02(3) "Enterprise" means any individual, sole proprietorship, partnership, corporation, business trust, union chartered under the laws of Florida, or other legal entity, or any unchartered union, association, or group of individuals associated...
605 So. 2d 56, 1992 WL 158189
Supreme Court of Florida | Filed: Jul 9, 1992 | Docket: 847019
Cited 75 times | Published
...895.01-895.05 is subject to civil forfeiture to the state. § 895.05(2)(a), Fla. Stat. (1989). "Real property" is defined as "any real property or any interest in such real property, including, but not limited to, any lease of or mortgage upon such real property." § 895.02(9), Fla....
845 So. 2d 74, 2003 WL 359291
Supreme Court of Florida | Filed: Feb 20, 2003 | Docket: 1728751
Cited 54 times | Published
...not constitute a temporal separation such that severance of criminal charges was required. The pertinent Florida RICO statutes require that the defendant engage in at least two incidents of racketeering conduct within five years of each other. See §§ 895.02-895.03, Fla....
...s 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. § 895.02(3), Fla....
...uishing characteristics and are not isolated incidents, provided at least one of such incidents occurred after the effective date of this act and that the last of such incidents occurred within 5 years after a prior incident of racketeering conduct. § 895.02(4), Fla....
983 So. 2d 464, 2008 WL 382742
Supreme Court of Florida | Filed: Feb 14, 2008 | Docket: 1665529
Cited 54 times | Published
...(2006). To prove the element of "enterprise," the State must prove "(1) an ongoing organization, formal or informal, with a common purpose of engaging in a course of conduct, which (2) functions as a continuing unit." Lugo, 845 So.2d at 97; see also § 895.02(3), Fla....
765 So. 2d 39, 2000 WL 966714
Supreme Court of Florida | Filed: Jul 14, 2000 | Docket: 428611
Cited 36 times | Published
...s 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. § 895.02(3), Fla....
...s 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. § 895.02(3), Fla....
...s 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. § 895.02(3), Fla....
...distinguishing characteristics and are not isolated incidents, provided at least one of such incidents occurred after the effective date of this act and that the last of such incidents occurred within 5 years after a prior incident of racketeering. § 895.02(4), Fla....
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
...Rules of Fair Practice (the NASD rules) and the Rules of the New York Stock Exchange and the American Stock Exchange (the NYSE rules and the AMEX rules, respectively); Count III for common law fraud; Count IV under RICO: Violations of the provisions of 18 U.S.C. § 1961(4) (Federal RICO) and Florida Statutes, § 895.02(3), (Florida RICO)....
570 So. 2d 257, 1990 WL 154236
Supreme Court of Florida | Filed: Oct 11, 1990 | Docket: 1350025
Cited 27 times | Published
...rations all of which also may be racketeering offenses. And the penalty? up to life in prison, heavy fines, and the possibility that the government may seek forfeiture of assets or property used to advance this "racketeering" activity. Compare § 895.02(1)(a)28, Fla....
521 So. 2d 252, 1988 WL 15460
District Court of Appeal of Florida | Filed: Mar 1, 1988 | Docket: 1270243
Cited 24 times | Published
...with several counts of armed robbery. The defendant admitted to committing twelve robberies in seven days to support a crack cocaine addiction. By his motion to dismiss, Nishi admitted that the robberies constituted racketeering activity pursuant to section 895.02(1)(a)(16), Florida Statutes (1985) but claimed that he acted alone, and thus, could not by himself constitute an enterprise within the meaning of section 895.03 of the Florida RICO Act....
572 So. 2d 522, 1990 WL 179049
District Court of Appeal of Florida | Filed: Nov 21, 1990 | Docket: 479655
Cited 23 times | Published
...with each other. Eleven counts of uttering a false instrument, section 831.02, Florida Statutes (1987): 5 years probation concurrent with each other and consecutive to the probation on the forgery counts. Four counts of racketeering (RICO), sections 895.02(3), 895.03(1), Florida Statutes (1987): 30 years imprisonment on each count to be served concurrent with each other and the 30 years for first degree grand theft, plus four fines of $5,000, one for each RICO conviction....
...ictims 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 racketeering conduct. § 895.02(4), Fla....
578 So. 2d 718, 1991 WL 1496
District Court of Appeal of Florida | Filed: Jan 8, 1991 | Docket: 1932181
Cited 21 times | Published
...Because we agree with the appellant's contention that there was no proof of an enterprise, we need not decide whether there was proof beyond a reasonable doubt of a pattern of racketeering activity. THE ENTERPRISE ELEMENT An enterprise is broadly defined in section 895.02(3), Florida Statutes (1989), to include any individual or group, legal or nonlegal....
...State, 402 So.2d 1173, 1174 (Fla. 1981); see also Banderas v. Banco Central del Ecuador, 461 So.2d 265, 268-69 (Fla.3d DCA 1985). Under the RICO statute, an "enterprise" can consist of a "group of individuals associated in fact although not a legal entity... ." § 895.02(3), Fla....
...[2] , [3] In deciding how to interpret the Florida statute, we must begin with the recognition that when there is a wholly criminal organization, it will ordinarily operate as a "group of individuals associated in fact although not a legal entity...." § 895.02(3), Fla....
...ws 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. § 895.02(3), Fla....
...[1] The statute does not invariably require that criminal conduct be conducted through an "enterprise," see § 895.03(1), (2), Fla. Stat. (1989), although that was the charge in the present case. "Enterprise" is also defined to include any legitimate business entity, such as a corporation or partnership, id. § 895.02(3), and under the statute, an individual or sole proprietorship can also be an enterprise....
490 So. 2d 976
District Court of Appeal of Florida | Filed: May 7, 1986 | Docket: 976346
Cited 20 times | Published
...This conclusion is not supported by the record, since Margaret did testify as to the source of the $31,000 and Southeast did not present any evidence to the contrary. Southeast also had the burden to show at least two incidents of racketeering conduct with similar methods, accomplices, etc. Section 895.02(4) provides: "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 inter...
...the last of such incidences occurred within five years after a prior incident of racketeering conduct. We do not find evidence in the record, particularly with respect to the actions attributed to Margaret Finkelstein, to satisfy the requirements of Section 895.02(4), for finding a "pattern of racketeering activity," nor do we find evidence which would support the trial court's finding that the Finkelstein family trust constituted an enterprise within the meaning of the statute. Section 895.02(3) provides: "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 indi...
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
...§ 687.071 (the Florida usury statute) and prays that Open Door's notes be cancelled and that all principal and interest paid be returned to *121 Marill. Count II alleges that appellants' conduct constitutes a "pattern of racketeering activity" pursuant to Fla.Stat. § 895.02(1)(a) (Florida RICO) and prays for treble damages thereunder....
...activities engaged in by appellants constitutes a violation of the Florida RICO statute. Appellants' charging and collecting what appears to be usurious interest constitutes a sufficient pattern of racketeering activity as contemplated by Fla.Stat. § 895.02....
...ssets in the estate would entitle the bankruptcy court to ignore the constitutional proscription set forth in Marathon. This Court will not interpret section 157 so broadly. See In Re STN Enterprises, Inc., 73 B.R. 470, 481-82 (Bankr.D.Vt.1987). [9] Section 895.02(1)(a)(8) provides that a violation pursuant to Fla.Stat....
...ce pursuant to Fla.Stat. § 817.035(1). This Court need not reach that objection, however. Appellants have independently violated the Florida RICO statute by their scheme to collect usurious interest from Marill on the Open Door Loans. See Fla.Stat. § 895.02(1)(a)(8).
600 So. 2d 1093, 1992 WL 74900
Supreme Court of Florida | Filed: Apr 16, 1992 | Docket: 1527863
Cited 20 times | Published
...t. (4) It is unlawful for any person to conspire or endeavor to violate any of the provisions of subsections (1), (2), or (3). The term "enterprise" is defined to include "any ... group of individuals associated in fact although not a legal entity." § 895.02(3), Fla. Stat. (1985). "Racketeering activity" is defined to include any crime chargeable by indictment or information under specifically enumerated criminal statutes, including those encompassed under the subject information. § 895.02(1)....
...uishing characteristics and are not isolated incidents, provided at least one of such incidents occurred after the effective date of this act and that the last of such incidents occurred within 5 years after a prior incident of racketeering conduct. § 895.02(4)....
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
...a RICO statute. The Florida RICO definition of "pattern of racketeering activity" refers to engaging in *1098 at least two "incidents" of racketeering conduct rather than "acts" of racketeering conduct as set forth in the Federal RICO Act. Fla.Stat. § 895.02(1)(a) and (b) define an "incident" of racketeering activity under Florida RICO to include any crime which is chargeable by indictment or information under numerous provisions of the Florida Statute or any conduct defined as "racketeering activity" under 18 U.S.C....
...§ 1341 and wire fraud in violation of 18 U.S.C. § 1343. As previously discussed herein, Colonial has adequately alleged two or more related violations of the mail and wire fraud statutes. (See pp. 13-15). Since these violations qualify as "incidents" of racketeering activity under Fla. Stat. § 895.02(1)(b), Colonial has sufficiently alleged the claims within the purview of Florida RICO....
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
...n its power."), but did not suggest that the common law effects doctrine conflicted with Florida's comprehensive, superseding statutes on state criminal jurisdiction. Stepansky, 761 So.2d at 1035. [2] "The definition of `racketeering activity' in subsection 895.02(1), Florida Statutes (1987), does not require the state to obtain convictions for the alleged predicate incidents. It merely requires proof of `[a]ny crime which is chargeable by indictment or information' under the specific provisions of the Florida Statutes enumerated therein. § 895.02(1)(a), Fla....
529 So. 2d 711, 1988 WL 26257
District Court of Appeal of Florida | Filed: May 17, 1988 | Docket: 2515793
Cited 11 times | Published
...olo contendere to violation of the Racketeer Influenced and Corrupt Organization statute [RICO], section 895.03, Florida Statutes (1983), based on a pattern of bookmaking activity. Section 849.25 is a specifically enumerated crime under the aegis of section 895.02....
...1981) (racketeering activity includes certain specified crimes under state law and under the federal RICO Act). It is the "[p]attern of racketeering activity," that is, "at least two incidents of racketeering conduct," which is the gravamen of a RICO offense. § 895.02(4), Fla....
546 So. 2d 72, 1989 WL 72105
District Court of Appeal of Florida | Filed: Jun 30, 1989 | Docket: 1443092
Cited 11 times | Published
...or participate, directly or indirectly, in such enterprise through a pattern of racketeering activity or the collection of an unlawful debt. The definition of "racketeering activity" is lengthy and clearly includes the issuance of worthless checks. § 895.02(1)(a)22, Florida Statutes (1987)....
...An "enterprise" for purposes of RICO means: [A]ny individual, sole proprietorship ... or other legal entity ... 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. § 895.02(3), Fla....
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
...The provisions of this section do not apply to bingo as provided for in s. 849.0931. § 849.09(3), Fla. Stat. (1993)(emphasis added). Finally, the RICO statute specifically lists the provisions of the gambling chapter that it punishes and does not include section 849.0931, the bingo statute: 895.02 Definitions.As used in ss....
...imidate another person to commit: (a) Any crime which is chargeable by indictment or information under the following provisions of the Florida Statutes: . . . . 32. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s. 849.25, relating to gambling. § 895.02(1)(a)(32), Fla....
...849.0931." Therefore, the sum of my reasoning is that the lottery statute does not cover any organizations that operate bingo games. Furthermore, as the majority states, the absence of section 849.0931, the bingo statute, from a listing of the statutes describing the scope of section 895.02, Florida Statutes (1995), the RICO statute, indicates that the RICO statute does not cover any organization that operates bingo games....
967 So. 2d 768, 2007 WL 2002586
Supreme Court of Florida | Filed: Oct 18, 2007 | Docket: 1408397
Cited 10 times | Published
...n unlawful debt." The defendants were also charged with conspiracy to commit racketeering, which is prohibited by section 895.03(4), Florida Statutes. The relevant definition of racketeering (and point of contention in the instant issue) is found in section 895.02, Florida Statutes (2002), and provides: (1) "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 which is chargeable by indictment or information under the following provisions of the Florida Statutes: ....
...The defendants argue that although the patient brokering statute falls within chapter 817, it is not an appropriate predicate for a racketeering charge because it does not require that the accused have committed fraud in order to be convicted of patient brokering. Thus, the defendants' argument is that section 895.02(1)(a)(26) limits its predicate offenses to only those sections that include the elements of fraud by including the "relating to fraudulent practices, false pretenses, fraud generally, and credit card crimes" language. The trial court agreed and dismissed counts 1 and 2 against the defendants. The Fifth District affirmed the dismissal, holding that the "relating *780 to" language in section 895.02(1)(a)(26) meant that only those provisions under chapter 817 that required fraud as an element of the crime prohibited were to be considered valid predicate offenses....
...The court noted: "Construing the `relating to' language as merely referring to the chapter already listed would render that language superfluous." Rubio, 917 So.2d at 399. The State argues that the Fifth District misread the plain language of the RICO statute. The State notes that the words following "relating to" in section 895.02 are the titles of the various parts of chapter 817: "Fraudulent Practices; False Pretenses and Frauds, Generally; and Credit Card Crimes." The State maintains, therefore, that those words are simply used to describe the chapters which the statute references and are not intended to limit the chapters in any way. Indeed, section 895.02 includes a "relating to" provision for each of its subsections, often either the title of the section or chapter to which it cites. Chapter 817 is entitled Fraudulent Practices and includes three parts: part 1, False Pretenses and Frauds, Generally; part 2, Credit Card Crimes; and part 3, Credit Service Organizations. However, we also consider that section 895.02 uses the "relating to" language in regard to chapters in which there are different crimes set out and it is unclear that the crimes that are not stated are intended to be included in section 895.02. For example, section 895.02(1)(a)(9) sets forth as a predicate offense "[c]hapter 550, relating to jai alai frontons." The immediately preceding subsection, section 895.02(1)(a)(8), sets forth "[s]ection 550.235, s. 550.3551, or s. 550.3605, relating to dogracing and horseracing." If the entirety of chapter 550, which is titled "Pari-Mutuel Wagering," was to be included by the reference in section 895.02(1)(a)(9), then the specification of particular sections in section 895.02(1)(a)(8) was unnecessary. Another example is section 895.02(1)(a)(18), which sets forth as a predicate offense "[c]hapter 784, relating to assault and battery." Chapter 784 is titled "Assault and Battery; Culpable Negligence." From this subsection it is not clear that culpable negligence is to be considered a predicate offense to racketeering....
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
...However, Florida's RICO Act requires the plaintiff to prove a pattern of racketeering activity. Wright v. Sheppard, 919 F.2d 665, 673 (11th Cir.1990) (finding plaintiff failed to establish liability under federal or state RICO because plaintiff established only single incident of battery and false imprisonment). Section 895.02(4) defines "pattern of racketeering" activity to mean: "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 ...." § 895.02(4), Fla....
652 So. 2d 877, 1995 WL 96398
District Court of Appeal of Florida | Filed: Mar 10, 1995 | Docket: 476296
Cited 10 times | Published
...r participate, directly or indirectly, in such enterprise through a pattern of racketeering activity or the collection of an unlawful debt. On appeal, Brown contends the State failed to establish that he was involved in an "enterprise" as defined in section 895.02(3), Florida Statutes (Supp....
...As Brown correctly argues, the State failed to bring forth evidence showing an ongoing enterprise. Brown next argues that in addition to the State's failure to demonstrate the existence of an enterprise, the State also failed to prove "a pattern of racketeering activity." Section 895.02(4) defines that term: "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...
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
...United States v. Constantine, 296 U.S. 287, 299, 56 S.Ct. 223, 228, 80 L.Ed. 233, 241 (1935) (Cardozo, J., dissenting). We cannot accept appellants' argument. *270 The statute makes no distinction between levels or degrees of fraudulent activity. See § 895.02(1)(a)16....
...her frauds are "exotic arrangements" meriting the full range of enhanced penalties available under RICO. Schacht v. Brown, 711 F.2d 1343 (7th Cir.), cert. denied, ___ U.S. ___, 104 S.Ct. 508, 78 L.Ed.2d 698 (1983). Fraud is not so easily parsed. [3] Section 895.02(4) defines "pattern of racketeering activity" as: [E]ngaging 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 interre...
...aunder" the money received through the fraudulent activities or whether they were illicit enterprises created before the inception of the scheme to serve the same purpose. Either way, the two corporations fall under the definition of "enterprise" in section 895.02(3).
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
...istics and are not isolated incidents, provided at least one of such incidents occurred after the effective *1362 date of this act and that the last of such incidents occurred within 5 years after a prior incident of racketeering conduct. Fla. Stat. § 895.02(4)....
...3d DCA 2002) (citing Gross v. State, 765 So.2d 39, 42 (Fla.2000)); Banderas v. Banco Central del Ecuador, 461 So.2d 265, 269 (Fla. 3d DCA 1985). In general, racketeering activity is the violation of any of the criminal laws enumerated in the RICO statute. See Fla. Stat. § 895.02(1)....
596 So. 2d 775, 1992 WL 68850
District Court of Appeal of Florida | Filed: Apr 6, 1992 | Docket: 1296087
Cited 9 times | Published
...erned after the federal statute, appellant suggests these decisions should be accorded great weight in construing the Florida RICO Act. [5] There is no question that a sole proprietorship can be an enterprise under Florida law, as can an individual. Section 895.02(3), Florida Statutes (1989); see also, Bowen, supra ....
541 So. 2d 1202, 1988 WL 126639
District Court of Appeal of Florida | Filed: Nov 30, 1988 | Docket: 284058
Cited 8 times | Published
...or attempted to rob fourteen convenience stores during one month. The information alleged that Day himself was an "enterprise" for RICO purposes. Day argues that a lone robber acting by himself does not constitute an "enterprise" *1203 as defined in section 895.02(3), Florida Statutes (1985)....
643 F. Supp. 1393
District Court, S.D. Florida | Filed: Oct 22, 1986 | Docket: 1502131
Cited 7 times | Published
...[15] The Florida RICO statute, Fla.Stat. Section 895.01 et seq., also a part of Count VII, is more restrictive in its scope than its federal counterpart. It requires continuity of criminal activity as well as similarity and interrelatedness among them. Section 895.02(4)....
...State, 402 So.2d 1173 (Fla.1981). Regardless of Plaintiff's numerous allegations against the Defendants, the Court does not view the Defendants as career criminals that would be a target of the Florida RICO statute. Furthermore, Florida RICO also requires two predicate acts. Section 895.02(4)....
858 So. 2d 1211, 2003 WL 22657875
District Court of Appeal of Florida | Filed: Nov 12, 2003 | Docket: 2448149
Cited 7 times | Published
...mployed by, or associated with, any enterprise to conduct or participate, directly or indirectly, in such enterprise through a pattern of racketeering activity...." Under the Florida RICO statute, an "enterprise" includes a criminal street gang. Id. § 895.02(3)....
459 So. 2d 368
District Court of Appeal of Florida | Filed: Nov 1, 1984 | Docket: 1683327
Cited 7 times | Published
...ch provides that, "It is unlawful for any person employed by, or associated with, any enterprise to conduct or participate, directly or indirectly, in such enterprise through a pattern of racketeering activity or the collection of an unlawful debt." Section 895.02(4) states: "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 interre...
...ering activity" who "means to commit, to attempt to commit, or to solicit, coerce, or intimidate another to commit" one of any of twenty-six crimes, or any "conduct defined as racketeering activity under 18 U.S.C. § 1961 (1)(a), (b), (c), and (d)." § 895.02, Fla....
...uishing characteristics and are not isolated incidents, provided at least one of such incidents occurred after the effective date of this act and that the last of such incidents occurred within 5 years after a prior incident of racketeering conduct. § 895.02(4), Fla....
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
...The indemnification and pledge agreement SECL entered into as a precondition of the loan contained a similar clause. SECL paid over $256,000 to FPC, but the financing did not materialize. SECL sued FPC and Franciulli, as FPC's agent, in Florida, for damages under the Florida Racketeer Influenced and Corrupt Organization Act, § 895.02, Fla....
917 So. 2d 383, 2005 WL 3555898
District Court of Appeal of Florida | Filed: Dec 30, 2005 | Docket: 1509600
Cited 7 times | Published
...a) Any crime which is chargeable by indictment or information under the following provisions of the Florida Statutes: * * * 29. Chapter 817, relating to fraudulent practices, false pretenses, fraud generally, and credit card crimes. (emphasis added) § 895.02(1)(a)(29), Fla....
610 So. 2d 632, 1992 WL 365772
District Court of Appeal of Florida | Filed: Dec 15, 1992 | Docket: 1413332
Cited 7 times | Published
...(3) It is unlawful for any person employed by, or associated with, any enterprise to conduct or participate, directly or indirectly, in such enterprise through a pattern of racketeering activity or the collection of an unlawful debt. (Emphasis added.) Section 895.02(3) defines "enterprise" to mean: 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. Section 895.02(4) defines "pattern of racketeering" activity to mean: 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 inte...
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
...tteries in violation of the lottery statute and Florida RICO. Transparently, what drives the state's theory of prosecution in this case is that bingo statute violations are not identified among the statutes listed as "racketeering activity" under subsection 895.02(1)(a) of the Florida RICO statute, but violations of section 849.09, the lottery statute, are listed. § 895.02(1)(a)32, Fla....
970 So. 2d 403
District Court of Appeal of Florida | Filed: Nov 9, 2007 | Docket: 1324847
Cited 6 times | Published
...91) (the "Bingo Statute"). It alleged the "Pondella Enterprise" began around 1 January 1991 and continued through 24 October 1995. According to the State, the predicate acts under RICO bingo constituted a pattern of racketeering activity under section 895.02(3), Florida Statutes (1991), and were illegal lotteries giving rise to RICO liability....
...The court noted that the lottery statute expressly stated it did not apply to bingo. Id. at 202 (citing section 849.09(3), Fla. Stat. (1991)). Furthermore, the RICO statute listed the provisions of the gambling chapter that it punished, which did not include the Bingo Statute. Id. (citing section 895.02(1)(a)(32), Fla....
...The State argued that nothing in Bradenton II overturned cases holding that illegal bingo operations could be deemed "keeping a gambling house," violating section 849.01. Furthermore, it claimed lottery violations other than bingo occurred. The court denied summary judgment in August 2003, accepting the State's argument that section 895.02(1)(b) defined racketeering activity as any conduct defined by 18 U.S.C....
...eiture. The State's second argument is that the court never decided the State's argument in this case, that bingo violations could give rise to the businesses being defined as "illegal gambling businesses" under federal law and swept into RICO under section 895.02(1)(b)....
...It noted that the lottery statute expressly does not apply to bingo. Id. at 202 (quoting § 849.09(3), Fla. Stat. (1993)). Furthermore, the RICO statute listed the provisions of the gambling chapter that it punished and did not include the Bingo Statute. Id. (citing § 895.02(1)(a)(32), Fla....
...Accordingly, we answer the certified question in the negative and hold that under the present statutory scheme violations of the bingo statute are not punishable under the lottery or RICO statutes. Id. Importantly, the "statutory scheme" already included section 895.02(1)(b), Florida Statutes (1995), by which the State attempted to use federal law to render the defendants' bingo violations subject to Florida RICO. In light of the subsection's existence when the Florida Supreme Court held that the "present statutory scheme" did not provide for RICO liability for bingo, the State's attempt to create RICO liability for bingo violations through section 895.02(1)(b) is directly contrary to the supreme court's decision and reasoning in Bradenton II....
544 So. 2d 219, 1989 WL 29025
District Court of Appeal of Florida | Filed: Mar 31, 1989 | Docket: 1301178
Cited 6 times | Published
...In light of the foregoing, we find that the trial court erred in dismissing the information and, accordingly, reverse and remand for proceedings consistent herewith. Reversed and remanded. SCHEB, A.C.J., and FRANK, J., concur. NOTES [1] See §§ 895.01 895.06, Fla. Stat. (1985 and Supp. 1986). [2] Section 895.02, Florida Statutes (1985 and Supp....
910 So. 2d 287, 2005 WL 1705237
District Court of Appeal of Florida | Filed: Jul 22, 2005 | Docket: 1494483
Cited 6 times | Published
...n such enterprise through a pattern of racketeering activity or the collection of an unlawful debt. (4) It is unlawful for any person to conspire or endeavor to violate any of the provisions of . . . subsection (3). A corporation is an "enterprise." § 895.02(3). "Racketeering activity" is defined as committing, attempting to commit, conspiring to commit, or soliciting, coercing, or intimidating another person to commit any predicate crime listed in section 895.02(1)(a), which in this case is mortgage fraud, see § 895.02(1)(a)(25)....
...Pizzo with racketeering in violation of section 895.03(3), which provides, "It is unlawful for any person employed by, or associated with, any enterprise to conduct or participate, directly or indirectly, in such enterprise through a pattern of racketeering activity." A corporation is an "enterprise." § 895.02(3). "Racketeering activity" is defined as committing, attempting to commit, conspiring to commit, or soliciting, coercing, or intimidating another person to commit any predicate crime listed in section 895.02(1)(a). The information in this case charged that Mrs. Pizzo committed the predicate crime of mortgage fraud. [2] See § 895.02(1)(a)(25)....
532 So. 2d 1112, 1988 WL 109641
District Court of Appeal of Florida | Filed: Oct 19, 1988 | Docket: 1510302
Cited 5 times | Published
...ise to conduct or participate, directly or indirectly, in such enterprise through a pattern of racketeering activity... . Smith moved to dismiss the RICO charge asserting that a sole actor cannot comprise an enterprise. An "enterprise" is defined in section 895.02(3), Florida Statutes (1987) as: ......
553 So. 2d 294, 1989 WL 145724
District Court of Appeal of Florida | Filed: Nov 30, 1989 | Docket: 1259218
Cited 5 times | Published
...ddress in furtherance of the conspiracy (to procure the registrant's address so the thief would know the location of the truck he intended to steal) and that she had an implied or explicit agreement with another to do so (e.g., Charles Adkins, Jr.). Section 895.02(4), Fla....
...arge. Though we affirm the dismissal of the perjury charge, the predicate acts which led to the State's charge of felony perjury under section 837.02 could suffice as acts comprising a chargeable offense of misdemeanor perjury under section 837.012. Section 895.02(1)(a)24 of the RICO Act indicates that among the chargeable offenses delineated in the Act are violations of "Chapter 837, relating to perjury." The Act makes no distinction between felony and misdemeanor perjuries....
824 So. 2d 908, 2002 WL 1332792
District Court of Appeal of Florida | Filed: Jun 19, 2002 | Docket: 1729491
Cited 5 times | Published
...ing characteristics and are not isolated incidents, provided at least one of such incidents occurred after the effective date of this act and that the last of such incidents occurred within 5 years after a prior incident of racketeering conduct. See § 895.02(4), Fla....
521 So. 2d 167, 1988 WL 7062
District Court of Appeal of Florida | Filed: Feb 5, 1988 | Docket: 1703671
Cited 5 times | Published
...nterprise" through a pattern of racketeering activities contrary to section 895.03(3), Florida Statutes. The "pattern of racketeering" must consist of the commission of at least two predicate acts, which in this case were sales of obscene materials. § 895.02(1)(a)(23), Fla....
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 indictment charged the defendants with the substantive offense of trafficking in cannabis and conspiracy to so traffic. The trial court ruled that the indictment was legally insufficient because it charged the defendants with the commission of only one offense whereas section 895.02(4) requires "two incidents" of racketeering conduct....
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
...of racketeering. § 895.03(3), Fla. Stat. The elements of a claim under Florida's RICO statute are: (1) conduct or participation in an enterprise; and (2) a pattern of racketeering activity. Lugo v. State, 845 So.2d 74, 97 (Fla.2003). As provided in section 895.02 of the Florida Statutes, the term "racketeering activity" means the commission [8] of "any crime which is chargeable by indictment or information" under the enumerated provisions of the Florida Statutes and "any conduct defined as `racketeering activity' under 18 U.S.C. § 1961(1)." § 895.02(1)(a)-(b), Fla. Stat. *1170 The crimes enumerated in subsection (a) of section 895.02(1) include, but are not limited to, fraud under Chapter 817 of the Florida Statutes, extortion under Section 836.05 of the Florida Statutes, bribery and misuse of a public office under Chapter 838 of the Florida Statutes, and obstruction of justice under Chapter 843 of the Florida Statutes. § 895.02(1)(a)(27), (32), (34), (35), Fla....
...of Industrial Risk Insurers v. M.A.N. Gutehoffnungshutte, 141 F.3d 1434 (11th Cir.1998). [8] A "`Racketeering activity' means to commit, to attempt to commit, to conspire to commit, or to solicit, coerce, or intimidate another person to commit ..." § 895.02(1), Fla....
758 So. 2d 1131, 2000 WL 313507
District Court of Appeal of Florida | Filed: Mar 29, 2000 | Docket: 1404151
Cited 4 times | Published
...isolated incidents, provided that at least one of such incidents occurred after the effective date of this act and that the last of such incidents occurred within 5 years after a prior incident of racketeering conduct. [emphasis supplied] Fla. Stat. § 895.02(4)(1994)....
677 So. 2d 12, 1996 WL 324661
District Court of Appeal of Florida | Filed: Jun 14, 1996 | Docket: 1690141
Cited 4 times | Published
...ly *14 changed the crime. The Fourth Amended Information charged the defendants: did agree, conspire, combine or confederate with each other and with persons known and unknown to commit an offense, to wit: Racketeering, as defined in Florida Statute 895.02(3), by association with or becoming employed by an enterprise, being a group of individuals associated in fact, although not a legal entity, for the purpose of engaging in racketeering activities within the meaning of Florida Statute 895.02(1), by committing crimes chargeable by indictment or information under Chapters 812, 817, and 831, Florida Statutes and contrary to Florida Statute 895.03(4), unlawfully, willfully, knowingly conducting or participating, directly or indirectly, in said enterprise through engaging in a pattern of racketeering activity as defined in Florida Statute 895.02(4).......
...The Sixth Amended Information changed the wording significantly: did unlawfully and knowingly agree, conspire, combine or confederate with each other and together with ... or with persons known and unknown, to violate the laws of the State of Florida, to-wit Racketeering, as defined in Florida Statute 895.02(3), which prohibits any person employed by or associated with any enterprise from conducting or participating, either directly or indirectly, in the affairs of said enterprise through a continuous pattern of racketeering activity, within the meaning of Florida Statute 895.02(1) and contrary to Florida Statute 895.03(3), with the intent that such offense would be committed, by engaging in or intending to engage in at least two of the following incidents of racketeering activities.......
...constituting and being associated with an enterprise, to-wit: a group of individuals associated in fact for the purpose of engaging in ... criminal activities ... participate in said enterprise through a pattern of racketeering activity. (emphasis added) Id. at 1271; § 895.02(3)....
...PETERSON, C.J., and COBB, J., concur. NOTES [1] § 895.03(3), Fla.Stat. [2] § 895.03(4), Fla.Stat. [3] § 817.036, Fla.Stat. [4] § 812.014(2), Fla.Stat. [5] § 319.35(1)(a), Fla.Stat. [6] § 831.01, Fla.Stat. [7] § 319.33(1)(e), Fla.Stat. [8] § 117.09(2), Fla.Stat. [9] § 895.02(3) provides: "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 individual...
677 So. 2d 938, 1996 WL 410726
District Court of Appeal of Florida | Filed: Jul 24, 1996 | Docket: 1689943
Cited 4 times | Published
...Twelfth, and Thirteenth Judicial Circuits of Florida, to-wit: Citrus, Pinellas, Pasco, Volusia, Polk, Sarasota, and Hillsborough Counties, did unlawfully, intentionally, and knowingly, while employed by or associated with an enterprise as defined by Section 895.02(3), Florida Statutes, to-wit: Caribbean Gulf Investment Corporation, Mark W....
...Inc., Jackson and Pritchard, P.A., GB Capitol Corporation, Malibu's, and others known or unknown, did conduct or participate directly or indirectly, in such enterprise through a pattern of racketeering activity within the meaning of Florida Statute 895.02(1) and 895.02(4), by committing crimes chargeable by indictment or information under Chapter 812, Florida Statutes, and further the said MARK WARREN JACKSON did unlawfully, willfully, and knowingly engage in a pattern of racketeering activity as defined by Florida Statute 895.02(4).......
...rise' means any individual, sole proprietorship, partnership, corporation ... 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." § 895.02(3), Fla.Stat....
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
...al RICO Act to prosecute members of street gangs. See John Gibeaut, Gang Busters, 84 A.B.A. J. 64 (Jan. 1998). In 1994, the Florida Rico Act was amended to specifically authorize the use of the statute to target street gangs. To accomplish this end, section 895.02(1)(a) was amended to include violations of chapter 874, relating to criminal street gangs, within the meaning of the term "racketeering activity." Ch. 94-209, § 78, at 1319-20, Laws of Fla. Similarly, section 895.02(3) was also amended to provide that "[a] criminal street gang, as defined in s....
487 So. 2d 57
District Court of Appeal of Florida | Filed: Apr 1, 1986 | Docket: 1796600
Cited 4 times | Published
...atute, the enforcement of which is already preempted by the federal government. We disagree. The Florida R.I.C.O. act forbids racketeering, not the federal crime of mail fraud per se. Racketeering is the crime and the federal offenses referred to in Section 895.02(1)(b), Fla....
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
558 So. 2d 142, 1990 WL 26650
District Court of Appeal of Florida | Filed: Mar 13, 1990 | Docket: 1363098
Cited 3 times | Published
...at the defendant is guilty of more than one offense, even though they both arose out of the same incident. We disagree with the State's contention. Section 895.03, Florida Statutes (1987), requires that there be a "pattern of racketeering activity." Section 895.02(4) defines "pattern of racketeering activity" as: engaging in at least two incidents of racketeering conduct that have similar intents, results, accomplices, victims, or methods of commission or that otherwise are interrelated by disti...
...uishing characteristics and are not isolated incidents, provided at least one of such incidents occurred after the effective date of this act and that the last of such incidents occurred within 5 years after a prior incident of racketeering conduct. § 895.02(4), Fla....
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
626 So. 2d 251, 1993 WL 369361
District Court of Appeal of Florida | Filed: Sep 22, 1993 | Docket: 2549979
Cited 2 times | Published
...and assignation under section 796.07, Florida Statutes (1989), were predicates to support a RICO prosecution pursuant to chapter 895, Florida Statutes. The trial court did not accept appellant's position that the phrase "relating to prostitution" in section 895.02(1)(a)(16), Florida Statutes (1989), included lewdness and assignation....
645 So. 2d 575, 1994 WL 646336
District Court of Appeal of Florida | Filed: Nov 18, 1994 | Docket: 127947
Cited 2 times | Published
...(4) It is unlawful for any person to conspire or endeavor to violate any of the provisions of subsections (1), (2), or (3). "Enterprise" is defined in pertinent part as "any ... group of individuals associated in fact although not a legal entity." § 895.02(3)....
...uishing characteristics and are not isolated incidents, provided at least one of such incidents occurred after the effective date of this act and that the last of such incidents occurred within 5 years after a prior incident of racketeering conduct. § 895.02(4). "Racketeering activity" is defined as any of the crimes chargeable by indictment or information that are enumerated in section 895.02(1)(a), which crimes include forgery and grand theft....
617 So. 2d 1144, 1993 WL 152381
District Court of Appeal of Florida | Filed: May 13, 1993 | Docket: 457934
Cited 2 times | Published
...In support of this contention, Harvey cites several federal cases in which racketeering convictions were reversed because it was impossible to determine which of the several predicates the jury used to support the racketeering conviction. We find no merit in this contention. The definition of "racketeering activity" in subsection 895.02(1), Florida Statutes (1987), does not require the state to obtain convictions for the alleged predicate incidents. It merely requires proof of "[a]ny crime which is chargeable by indictment or information" under the specific provisions of the Florida Statutes enumerated therein. § 895.02(1)(a), Fla....
728 So. 2d 1206, 1999 WL 141852
District Court of Appeal of Florida | Filed: Mar 17, 1999 | Docket: 1673925
Cited 2 times | Published
...1st DCA 1988); Carroll v. State, 459 So.2d 368 (Fla. 5th DCA 1984). Appellants third point on appeal is that the court erred in denying his motion for directed verdict on the RICO count because there was insufficient evidence to establish the existence of an enterprise. Section 895.02(3), Florida Statutes (1993), defines enterprise as: "Enterprise" means any individual, sole proprietorship, partnership, corporation, business trust, union chartered under the laws of this state, or other legal entity, or any uncharter...
539 So. 2d 499, 1989 WL 12440
District Court of Appeal of Florida | Filed: Feb 15, 1989 | Docket: 1511011
Cited 2 times | Published
...[2] Section 895.03(2) provides: It is unlawful for any person, through a pattern of racketeering activity or through the collection of an unlawful debt, to acquire or maintain, directly or indirectly, any interest in or control of any enterprise or real property. Section 895.02(1)(a)(24) provides: (1) "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 which is chargeable by indictment or information under the following provisions of the Florida Statutes: * * * * * * (24) Section 849.09, s. 849.14, s. 849.15, s. 849.23, s. 849.24, or s. 849.25, relating to gambling. (Emphasis added.) Section 895.02(4) defines pattern of racketeering activity as: 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 interrelate...
570 So. 2d 952, 1990 WL 40327
District Court of Appeal of Florida | Filed: Dec 4, 1990 | Docket: 1349653
Cited 2 times | Published
...directly or indirectly, in such enterprise through a pattern of racketeering activity or the collection of an unlawful debt. (4) It is unlawful for any person to conspire or endeavor to violate any of the provisions of subsections (1), (2), or (3)." Section 895.02(3), Florida Statutes (1985), in turn, defines "enterprise" to mean, inter alia, "any ... group of individuals associated in fact although not a legal entity," and Section 895.02(4), Florida Statutes (1985) defines "pattern of racketeering activity" as: "engaging in at least two incidents of racketeering conduct that have the same or similar intents, results, accomplices, victims, or methods of commission or th...
...cidents, provided at least one of such incidents occurred after the effective date of this act and that the last of such incidents occurred within 5 years after a prior incident of racketeering conduct." "Racketeering activity" is further defined by Section 895.02(1), Florida Statutes (1985), to include any crime chargeable by indictment or information under various statutory provisions encompassing, as here, security act violations and grand theft....
522 So. 2d 474, 1988 WL 21664
District Court of Appeal of Florida | Filed: Mar 17, 1988 | Docket: 1191284
Cited 1 times | Published
...of the predicate crimes on which a RICO violation may be based. On the other hand, if it elects to proceed under section 206.56, the RICO count should then be dismissed because a violation of that statute is not one of the predicate crimes listed in section 895.02....
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
573 So. 2d 1022, 1991 WL 9365
District Court of Appeal of Florida | Filed: Feb 1, 1991 | Docket: 196434
Cited 1 times | Published
...terms. We reverse. This is Day's second appeal to this court in this matter. On February 1, 1989, this court issued a mandate requiring a resentencing hearing on the ground that Day acting by himself did not constitute an "enterprise" as defined by section 895.02(3), Florida Statutes (1985)....
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
...te a violation of the Florida RICO Statute. The actions of Defendants in defrauding Plaintiffs and/or charging and collecting what purports to be usurious interest constitute a sufficient pattern of racketeering activity as contemplated by Fla.Stat. § 895.02....
586 So. 2d 385, 1991 WL 148349
District Court of Appeal of Florida | Filed: Aug 8, 1991 | Docket: 1487824
Cited 1 times | Published
...03(3), Florida Statutes, in essence makes it unlawful for any person to conduct or participate in an "enterprise through a pattern of racketeering activity or [emphasis added] the collection of an unlawful debt." The definition of "unlawful debt" in section 895.02(2) refers to many statutes making certain debts legally unenforceable in this state because contracted in violation of statutes prohibiting gambling or Chapter 687, Florida Statutes, relating to interest and usury....
...c) above, the defendant was charged in Count 4 with usury, in Count 1 with racketeering activity and in Count 5 with collection of an unlawful debt. However, Count 5 charges and defines "an unlawful debt" only by reference to that term as defined in section 895.02(2) of the RICO Act, which statute, set forth below [7] describes that term only by reference to numerous state statutes relating to dogracing, horseracing, jai alai, usury and gambling and other general references to state and federal law....
...Section 687.071(2) makes it a second degree misdemeanor to willfully and knowingly charge, take or receive interest in excess of 25% per annum. Section 687.071(3) makes it a third degree felony to willfully and knowingly charge, take or receive interest in excess of 45% per annum. The reference in section 895.02(2)(a)3., of the RICO Act defining "unlawful debt" as a legally unenforceable debt incurred or contracted in violation of Chapter 687 appears to relate, not only to the criminal usury provisions of 687.071(2) and (3) ( see § 687.071(7), Fla....
...1st DCA 1988), rev. denied, 529 So.2d 695 (Fla. 1988). Section 895.03(3), the basis for Count 5, makes it a first degree felony for a person employed by, or associated with, any enterprise to collect an unlawful debt and the definition of an "unlawful debt" under section 895.02(2)(a)3....
...ctive; (5) the RICO charge in Count 5 of the collection of an unlawful debt failed to allege ultimate facts to adequately describe the debt and establish the unlawful nature of the debt. We further hold that to the extent that sections 895.03(3) and 895.02(2) involve the collection of a debt unlawful because of a violation of the usury statute, the legislature did not intend or attempt to create a separate substantive crime duplicative of the felony charge of receiving a usurious rate of interest under section 687.071(3), Florida Statutes....
...denied, 355 So.2d 516 (Fla. 1978); I.R.E. Financial Corp. v. Cassel, 335 So.2d 598 (Fla. 3d DCA 1976); Sumner v. Investment Mortg. Co. of Florida, 332 So.2d 103 (Fla. 1st DCA 1976), cert. denied, 344 So.2d 327 (Fla. 1977). [4] "Racketeering activity" is defined in section 895.02(1), Florida Statutes. [5] "Enterprise" is defined in section 895.02(3), Florida Statutes. See, Boyd v. State, 578 So.2d 718 (Fla. 3d DCA 1991), rev. denied, 581 So.2d 1310 (Fla. 1991). [6] "Pattern of racketeering activity" is defined in section 895.02(4), Florida Statutes, and "racketeering activity" is defined in section 895.02(1), Florida Statutes, and generally means the commission of certain crimes charged under certain statutes including Chapter 687, relating to interest and usurious practices, ( see, section 895.02(1)(a)10.). [7] Section 895.02(2) provides: (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: 1....
...Under Chapter 687 interest of 18% or less is lawful and the debt relating to both the interest and underlying principal is enforceable. When interest over 18% but under 25% per annum is charged, the debt for the interest is legally unenforceable and possibly constitutes an "unlawful debt" under section 895.02(2), Florida Statutes, and its collection a prohibited criminal activity under the RICO Act section 895.03(3), Florida Statutes, although the principal loaned is a lawful and enforceable debt....
...Interest charges over 25% but less than 45% are a second degree misdemeanor under section 687.071(2) and the underlying loan principal, while not criminalized by the usury statute, is made legally unenforceable by section 687.071(7), and possibly constitutes an "unlawful debt" under section 895.02(2) the collection of which is a crime under section 895.03(3). Charging, taking or receiving interest over 45% per annum is a third degree felony under section 687.071(3) and the underlying loan principal is also a legally unenforceable under section 687.071(7) and possibly an "unlawful debt" under section 895.02(2) the collection of which is a crime under RICO section 895.03(3)....
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
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
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
...2d DCA 2001)).
Because the trial court was careful to include interrogatories on the verdict
form that corresponded to both the charged and uncharged predicate acts,
it was clear that the jury found the defendant guilty of three predicate
criminal acts when only two were necessary under section 895.02(4),
Florida Statutes....
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
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).
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
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
...provides:
(3) It is unlawful for any person employed by, or
associated with, any enterprise to conduct or participate,
directly or indirectly, in such enterprise through a pattern
of racketeering activity or the collection of an unlawful
debt.
Section 895.02, Florida Statutes (2003), defines the terms contained
in section 895.03(3) and (4):
• “Racketeering activity” means “to commit, to attempt
to commit, to conspire to commit, or to solicit, coerce, or
intimidate another person to commit” any crime
chargeable by indictment or information under
specifically enumerated criminal statutes. § 895.02(1),
Fla. Stat. (2003).
• An “enterprise” is defined, in relevant part, as “any ...
group of individuals associated in fact although not a
legal entity.” § 895.02(3), Fla....
...provided at
least one of such incidents occurred after the effective
date of this act and that the last of such incidents
occurred within 5 years after a prior incident of
racketeering conduct.” § 895.02(4), Fla....
...the same factual
predicate claiming that the Barbados defendants engaged in a conspiracy and a
pattern of racketeering by:
a. making defamatory and threatening posts on the daughter’s blog in
violation of sections 836.05, 836.10, 895.02 of the Florida Statutes;
b. making false entries in the books of a corporation (KEL) in
violation of sections 817.034, 817.15, and 895.02(2) of the Florida
Statutes;
c....
...suborning perjury and obstructing justice in violation of sections
837.02 and 892.02(2) of the Florida Statutes;
d. tampering with, harassing, or retaliating against a witness, victim,
or informant in violation of sections 914.22 and 895.02 of the
Florida Statutes; and,
e....
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
...ed
with, any enterprise to conduct or participate, directly or
indirectly, in such enterprise through a pattern of
racketeering activity. . . .
A criminal street gang falls with the statutory definition of an “enterprise.”
See § 895.02(3), Fla....
... of criminal or delinquent acts, and that consists of three or
more persons who have a common name or common
identifying signs, colors, or symbols, including, but not limited
to, terrorist organizations and hate groups.
“Racketeering activity” is defined in 895.02(1), Florida Statutes (2007), as:
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 [certain] provisions of the Florida
Statutes[.]
Those provisions include obstruction of justice pursuant to Chapter 843,
battery under Chapter 784, and drug offenses under Chapter 893.
A “[p]attern of racketeering activity” is defined in 895.02(4), Florida
Statutes (2007), as:
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
interrela...
...rough two predicate
crimes.”).
One of the predicate acts charged by the state occurred when appellant
was still a juvenile. Appellant argues that the court should have stricken
that act, because at the time of the information the RICO statute, section
895.02(1)(a), Florida Statutes (2007), allowed only racketeering which was
“chargeable by information or indictment,” not by juvenile petition....
...e
acts. In 2007 when the indictment was filed, the crime of resisting arrest
was “chargeable” by information or indictment. Therefore, it would qualify
as a predicate act. Moreover, the Legislature clearly intended to include
within the ambit of section 895.02, Florida Statutes (2007), juvenile
delinquent acts committed by criminal gang members, as in 2007 it
defined a “criminal street gang” as group whose primary activities were
“the commission of criminal or delinquent acts[.]” § 874.03, Fla....
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
...intentional misrepresentation, conspiracy and concert of action. To relieve these claims, Ecuador asserts that it is entitled to money damages for lost duties and taxes. Additionally, Ecuador asserts causes of action under the Florida RICO statute, § 895.02, et seq....
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
...drugs that were stored in unlicensed facilities, purchased from non-
approved sources, counterfeited, mislabeled, or accompanied by a false or
fraudulent pedigree to be adulterated.
The Prescription Drug Sale Conspiracy
3
In 2003, the Legislature amended section 895.02, Florida Statutes, to include
section 499.0051 violations as predicate acts for RICO cases....
...(3) It is unlawful for any person employed by, or associated
with, any enterprise to conduct or participate, directly or
indirectly, in such enterprise through a pattern of
racketeering activity or the collection of an unlawful debt.
Section 895.02, Florida Statutes (2003), defines the terms contained in
section 895.03(3) and (4):
•“Racketeering activity” means “to commit, to attempt to
commit, to conspire to commit, or to solicit, coerce, or
intimidate another person to commit” any crime chargeable
by indictment or information under specifically enumerated
criminal statutes.5 § 895.02(1), Fla. Stat. (2003).
•An “enterprise” is defined, in relevant part, as “any . . . group
of individuals associated in fact although not a legal entity.”
§ 895.02(3), Fla....
...are not isolated incidents,
provided at least one of such incidents occurred after the
effective date of this act and that the last of such incidents
occurred within 5 years after a prior incident of racketeering
conduct.” § 895.02(4), Fla....
...subsection (3).
5
As predicate acts for the RICO charge, Count I alleged two state crimes under
Chapter 812, Florida Statutes, grand theft and dealing in stolen property, and
thirty-four federal crimes, mail fraud and wire fraud, chargeable under 18 U.S.C.
§ 1341 and 18 U.S.C. § 1343. See § 895.02(1)(a)32, (b), Fla....
...two grounds. First, he
contends that the type of conspiracy established in this case is of the type
described in Kotteakos v. United States, 328 U.S. 750 (1946), and that
such a conspiracy does not amount to an “enterprise” within the meaning
of section 895.02(3). Second, he argues that the State failed to prove that
he committed the two predicate acts necessary to establish a “pattern of
racketeering activity” under section 895.02(4)....
...State, 983 So.
2d 464, 492 (Fla. 2008). “Racketeering activity” is “defined to include
certain specified crimes under state law and under the federal RICO Act,”
among which are wire and mail fraud. Carlson v. State, 405 So. 2d 173,
174 (Fla. 1981); § 895.02(1)(b), Fla....
...apers are not provided
to the ultimate consumer.”
Analysis
In this case, the bulk of the predicate acts for the racketeering count
were mail and wire fraud, two federal crimes defined by federal statutes.
See § 895.02(1)(b), Fla....
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
...The Florida RICO Act contains the following relevant
definitions6:
(1) “Racketeering activity” means to commit, to attempt to commit, to
conspire to commit, or to solicit, coerce, or intimidate another person
to commit:
6 §895.02 Fla....
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
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
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
