The 2023 Florida Statutes
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To sufficiently allege a Florida RICO claim, which is analyzed under the same standards as federal RICO claims, the plaintiff must plead "(1) conduct (2) of an enterprise (3) through a pattern (4) of racketeering activity." Omnipol, A.S. v. Multinational Def. Servs., LLC, 32 F.4th 1298, 1308 (11th Cir. 2022) (internal quotation marks and citation omitted). An "enterprise" is any individual or group of individuals associated in fact. Fla. Stat. § 895.02(5). Committing a "racketeering activity" means someone is committing, attempting to commit, conspiring to commit, or soliciting, coercing, or intimidating another person into committing the crimes outlined in the statute. Fla. Stat. § 895.02(8)(a).The amended information alleged that Wyche committed an additional sixteen predicate acts to support the racketeering and racketeering conspiracy charges, including battery, possession with the intent to deliver cocaine to a person (who was not the confidential informant, on October 12, 2014), deriving support from the proceeds of prostitution, and human trafficking. (Doc. 9-2 at 3-11.) A conviction for racketeering and racketeering conspiracy requires proof of only two predicate acts. § 895.02(4), Fla. Stat. (2008) (defining “pattern of racketeering activity” as “engaging in at least two incidents of racketeering conduct”). The amended information further charged Wyche with human trafficking. (Doc. 9-2 at 11.)Although illegally harvesting alligator eggs is a crime under section 379.409(1), see § 379.401(4)(a)8 and (4)(b), the conspiracy statute did not list it as a predicate act when the egg collections at issue here occurred in 2016, see § 895.02(8). We note that in 2021 the legislature amended section 895.02(8) to include as racketeering activity violations of "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"; and "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." § 895.02(8)(a)3 and (c), Fla. Stat. (2021) ; see also Ch. 2021-55, § 1, Laws of Fla. Thus, a violation of section 379.409 was not a predicate act in 2016 when the events at issue occurred.(3) any violations of the provisions of the Florida Racketeer Influenced and Corrupt Organization (RICO) Act, including any offense listed in the definition of racketeering activity in section 895.02(8)(a), Florida Statutes, providing such listed offense is investigated in connection with a violation of section 895.03, Florida Statutes, and is charged in a separate count of an information or indictment containing a count charging a violation of section 895.03, the prosecution of which listed offense may continue independently if the prosecution of the violation of section 895.03 is terminated for any reason;As to Mike's Count-I RICO judgment, the remaining question is whether he was convicted of at least two "incidents" as required by the statutory definition of a "pattern of racketeering activity" in section 895.02( 7). The statute specifies that the incidents must be among specified violations of chapters 812 and 817 of the Florida Statutes. The judgment under Count IV (and predicate act C under Count I) for organized scheme to defraud under chapter 817 is among those listed in section 895.02 and counts as one incident. The only remaining judgment is Count V (and predicate act D) for failure to apply charitable contributions under section 496.415(16). We affirm Mike's judgment for Count V, but the parallel judgment for predicate act D cannot count as the requisite second incident under Count I because it is not included in the definition of racketeering activity in section 895.02( 8). The State's inclusion of chapter 496 in the RICO count of the amended information cannot override the statutory definition of RICO crimes. Mike raised this issue before the trial court and again on appeal, and the State did not respond to it either time. He is correct on… The crime of conspiracy to violate RICO requires proof "that either (1) the defendant knew of the overall objectives of the criminal enterprise and agreed to further its purpose or (2) the defendant personally committed at least two predicate acts. " Morgan v. State , 117 So. 3d 79, 82 (Fla. 2d DCA 2013). Predicate acts are enumerated in section 895.02(8)(a), Florida Statutes (2016). Under that statute "[r]acketeering activity means ... to conspire to commit ... [a]ny crime that is chargeable by petition, indictment, or information under the following provisions of the Florida Statutes ...." § 895.02(8)(a). Listed are fifty-one different categories of crimes that can form the basis of a racketeering charge, including "[c]hapter 812, relating to theft, robbery, and related crimes." § 895.02(8)(a) 33.Marchione also alleges that Defendants violated Florida's RICO statute. But in pleading his state law claim, Marchione only cites to section 895.02( 8)(b), Florida Statutes-the Florida criminal RICO statute. Not only is this state law claim insufficiently pleaded, section 895.05(6) limits the relief available for a private person to injunctive relief. See Johnson Enters, of Jacksonville, Inc. v. FPL Grp., Inc., 162 F.3d 1290, 1302 n.18 (11th Cir. 1998) (explaining that section 895.05(6) of the Florida criminal RICO statute "allows a private plaintiff to bring a civil suit for equitable relief only"). Because Marchione is no longer an employee of the Pasco County Sheriffs Office and has alleged no threat of future injury, he lacks standing to seek injunctive relief under Florida law. See, e.g., Wal-Mart Stores, Inc. v. Dukes, 564 U.S. 338, 364 (2011) (noting that plaintiffs who were former employees no longer employed by the defendant "lack[ed] standing to seek injunctive or declaratory relief against its employment practices"); Drayton v. W. Auto Supply Co., No. 01-10415, 2002 WL 32508918, at *4 (11th Cir. Mar. 11, 2002) ("[T]his Court has held that former employees who… Starnes also alleges that Defendants violated Florida's RICO statute. But in pleading his state law claim, Starnes only cites to section 895.02( 8)(b), Florida Statutes-the Florida criminal RICO statute. Not only is this state law claim insufficiently pleaded, section 895.05(6) limits the relief available for a private person to injunctive relief. See Johnson Enters. of Jacksonville, Inc. v. FPL Grp., Inc., 162 F.3d 1290, 1302 n.18 (11th Cir. 1998) (explaining that section 895.05(6) of the Florida criminal RICO statute “allows a private plaintiff to bring a civil suit for equitable relief only”). Because Starnes is no longer an employee of the Pasco County Sheriff's Office and has alleged no threat of future injury, he lacks standing to seek injunctive relief under Florida law. See, e.g., Wal-Mart Stores, Inc. v. Dukes, 564 U.S. 338, 364 (2011) (noting that plaintiffs who were former employees no longer employed by the defendant “lack[ed] standing to seek injunctive or declaratory relief against its employment practices”); Drayton v. W. Auto Supply Co., No. 01-10415, 2002 WL 32508918, at *4 (11th Cir. Mar. 11, 2002) (“[T]his Court has held that former employees who… Squitieri still alleges that Defendants violated Florida's RICO statute but still only cites the Florida criminal RICO statute (section 895.02(8)(b), Florida Statutes) and does not provide any additional allegations to support his claim. Thus, as discussed in footnote three above, Squitieri's state law claim is still insufficiently pleaded as an initial matter, and Squitieri lacks standing to seek injunctive relief.As to Mike's Count-I RICO judgment, the remaining question is whether he was convicted of at least two "incidents" as required by the statutory definition of a "pattern of racketeering activity" in section 895.02( 7). The statute specifies that the incidents must be among specified violations of chapters 812 and 817 of the Florida Statutes. The judgment under Count IV (and predicate act C under Count I) for organized scheme to defraud under chapter 817 is among those listed in section 895.02 and counts as one incident. The only remaining judgment is Count V (and predicate act D) for failure to apply charitable contributions under section 496.415(16). We affirm Mike's judgment for Count V, but the parallel judgment for predicate act D cannot count as the requisite second incident under Count I because it is not included in the definition of racketeering activity in section 895.02( 8). The State's inclusion of chapter 496 in the RICO count of the amended information cannot override the statutory definition of RICO crimes. Mike raised this issue before the trial court and again on appeal, and the State did not respond to it either time. He is correct on… . . . Stat.§ 895.02(8)(a)1.-50. that is alleged in the charging document). 3. . . . Stat.§ 895.02(8)(a)1.-50. that is alleged in the charging document). b. . . . Stat.§ 895.02(8)(a)1.-50. that is alleged in the charging document); [or] b. . . . Stat.§ 895.02(8)(a)1.-50. that is alleged in the charging document). 3. . . . Stat. § 895.02 (8)(a)1.-50. that is alleged in the charging document ). . . .
. . . . § 895.02(4), Fla. Stat. (2007). . . . the last of such incidents occurred within 5 years after a prior incident of racketeering conduct. § 895.02 . . .
. . . . § 895.02(8)(a)(45). . . .
. . . .” § 895.02(4), Fla. Stat. (2008) (emphasis added). . . .
. . . other and therefore did not meet the definition of a “pattern of racketeering activity” under section 895.02 . . . the last of such incidents occurred within 5 years after a prior incident of racketeering conduct.” § 895.02 . . .
. . . See §§ 895.02(4), 895.03(3), Fla. . . .
. . . See § 895.02(3), Fla. Stat. (2007). . . . “Racketeering activity” is defined in 895.02(1), Florida Statutes (2007), as: to commit, to attempt to . . . A “[p]attern of racketeering activity” is defined in 895.02(4), Florida Statutes (2007), as: engaging . . . court should have stricken that act, because at the time of the information the RICO statute, section 895.02 . . . Moreover, the Legislature clearly intended to include within the ambit of section 895.02, Florida Statutes . . .
. . . making false entries in the books of a corporation (KEL) in violation of sections 817.034, 817.15, and 895.02 . . . harassing, or retaliating against a witness, victim, or informant in violation of sections 914.22 and 895.02 . . . Section 895.02, Florida Statutes (2003), defines the terms contained in section 895.03(3) and (4): • . . . any crime chargeable by indictment or information under specifically enumerated criminal statutes. § 895.02 . . . relevant part, as "any ... group of individuals associated in fact although not a legal entity.” § 895.02 . . .
. . . . § 895.02(l)(a)(32), Fla. Stat. (2009). . . .
. . . Section 895.02, Florida Statutes (2003), defines the terms contained in section 895.03(3) and (4): • . . . relevant part, as “any ... group of individuals associated in fact although not a legal entity.” § 895.02 . . . State, 405 So.2d 173, 174 (Fla.1981); § 895.02(l)(b), Fla. Stat. (2003); 18 U.S.C. § 1961(1). . . . See § 895.02(l)(b), Fla. Stat. (2003). . . . See § 895.02(l)(a)32., (b), Fla. Stat. (2003). . . . .
. . . . § 895.02 Fla. Stat. (2014). . . .
. . . found the defendant guilty of three predicate criminal acts when only two were necessary under section 895.02 . . .
. . . The term “racketeering activity” as defined in section 895.02(1), Florida Statutes (2003) “means to commit . . . which is defined as “any ... group of individuals associated in fact although not a legal entity[.]” § 895.02 . . . the last of such incidents occurred within 5 years after a prior incident of racketeering conduct. § 895.02 . . . See § 895.02(1), Fla. Stat. . . . racketeering activity consisting of at least two (2) incidents of racketeering activity enumerated in Section 895.02 . . .
. . . Stat. 895.02 that is alleged in the charging document). 3. . . . Stat. 895.02 that is alleged in the charging document). b. . . . Stat. 895.02 that is alleged in the charging document); [or] b. . . . Stat. 895.02 that is alleged in the charging document). 3. . . . Stat. 895.02 that is alleged in the charging document). . . .
. . . . § 895.02(3), Fla. Stat. (2012) (emphasis supplied). . . .
. . . Compare § 775.0844(3)-(4), with § 895.02. . . .
. . . See §§ 895.02(1), 895.03(3), (4), 893.13(6)(a), Fla. Stat. (2008-09). We have jurisdiction. . . .
. . . . § 895.02(l)(a), and the Florida Deceptive and Unfair Trade Practices Act, which by its terms does not . . .
. . . . §§ 895.02(1), (3)-(4) and 895.03(3), Fla. Stat. (2008); State v. . . .
. . . Compare § 775.0844(3)-(4), with § 895.02. . . .
. . . See § 895.02(l)(a)(24), (38) (defining the predicate acts as “racketeering activity”); § 895.02(4) (defining . . . See § 895.02(l)(a)(21), (22), (28). . . .
. . . To accomplish this end, section 895.02(l)(a) was amended to include violations of chapter 874, relating . . . Similarly, section 895.02(3) was also amended to provide that “[a] criminal street gang, as defined in . . .
. . . See § 895.02(l)(a)25„ Fla. Stat. (2006). . . .
. . . Lugo, 845 So.2d at 97; see also § 895.02(3), Fla. Stat. (2006). . . .
. . . the predicate acts under RICO — bingo—constituted a pattern of racketeering activity under section 895.02 . . . (citing section 895.02(l)(a)(32), Fla. Stat. (1991)). . . . The court denied summary judgment in August 2003, accepting the State’s argument that section 895.02( . . . (citing § 895.02(1)(a)(32), Fla. Stat. (1995)). . . . Importantly, the “statutory scheme” already included section 895.02(l)(b), Florida Statutes (1995), by . . .
. . . argues that his multiple violations of chapter 893 do not constitute racketeering as defined by section 895.02 . . . and it includes illicit as well as licit enterprises and governmental, as well as other, entities.” § 895.02 . . .
. . . Thus, the defendants’ argument is that section 895.02(l)(a)(26) limits its predicate offenses to only . . . The Fifth District affirmed the dismissal, holding that the “relating to” language in section 895.02( . . . The State notes that the words following “relating to” in section 895.02 are the titles of the various . . . (l)(a)(9), then the specification of particular sections in section 895.02(l)(a)(8) was unnecessary. . . . Another example is section 895.02(l)(a)(18), which sets forth as a predicate offense “[ejhapter 784, . . .
. . . fraudulent practices, false pretenses, fraud generally, and credit card crimes, (emphasis added) § 895.02 . . .
. . . “Enterprise” is defined in section 895.02(3) as: Any individual, sole proprietorship, partnership, corporation . . .
. . . .” § 895.02(3). . . . soliciting, coercing, or intimidating another person to commit any predicate crime listed in section 895.02 . . . (l)(a), which in this case is mortgage fraud, see § 895.02(l)(a)(25). . . . A corporation is an “enterprise.” § 895.02(3). . . . See § 895.02(l)(a)(25). . . .
. . . As provided in section 895.02 of the Florida Statutes, the term “racketeering activity” means the commission . . . Florida Statutes and “any conduct defined as ‘racketeering activity’ under 18 U.S.C. § 1961(1).” § 895.02 . . . The crimes enumerated in subsection (a) of section 895.02(1) include, but are not limited to, fraud under . . . 838 of the Florida Statutes, and obstruction of justice under Chapter 843 of the Florida Statutes. § 895.02 . . . commit, to conspire to commit, or to solicit, coerce, or intimidate another person to commit ...” § 895.02 . . .
. . . Section 895.02(4) defines “pattern of racketeering” activity to mean: “engaging in at least two incidents . . . that otherwise are interrelated by distinguishing characteristics and are not isolated incidents-” § 895.02 . . .
. . . See § 895.02(1), FlaStat. . . . See § 895.02(1), Fla.Stat. . . . Definitions § 895.02(2), Fla.Stat. . . . . § 895.02(3), Fla.Stat. . . . See § 895.02(1), Fla.Stat. . . .
. . . See §§ 895.02-895.03, Fla. Stat. (1995). . . . and it includes illicit as well as licit enterprises and governmental, as well as other, entities. § 895.02 . . . the last of such incidents occurred within 5 years after a prior incident of racketeering conduct. § 895.02 . . .
. . . . § 895.02(4). . . . Stat. § 895.02(1). . . .
. . . See § 895.02(4), Fla. Stat. (1993). . . .
. . . “The definition of ‘racketeering activity’ in subsection 895.02(1), Florida Statutes (1987), does not . . . indictment or information’ under the specific provisions of the Florida Statutes enumerated therein. § 895.02 . . .
. . . . § 895.02(3), Fla. Stat. . . .
. . . Additionally, Ecuador asserts causes of action under the Florida RICO statute, § 895.02, et seq. and . . .
. . . See §§ 895.02(l)(a)15 & (2)(a)3, Florida Statutes (2000). . . . .
. . . The pertinent portions are as follows: 895.02. . . .
. . . . § 895.02(3), Fla. Stat. (1997). . . . . § 895.02(3), Fla. Stat. (1993). . . . and it includes illicit as well as licit enterprises and governmental, as well as other, entities. § 895.02 . . . and that the last of such incidents occurred within 5 years after a prior incident of racketeering. § 895.02 . . .
. . . . § 895.02(3), Fla. Stat. (1997). . . . HARRIS and PETERSON, JJ., concur. . §§ 895.02(4); 817.234(l)(a), Fla. . . .
. . . An “enterprise” is defined by section 895.02, Florida Statutes (1993) as follows: (3) “Enterprise” means . . .
. . . Section 895.02(3), Florida Statutes (1993), defines enterprise as: “Enterprise” means any individual, . . .
. . . the chapter and/or section numbers in the definition of “racketeering activity” contained in section 895.02 . . . Because section 895.02(l)(a)ll. defines racketeering activity to include any crime chargeable by indictment . . . concern about the “relating to” clauses contained in the definition of “racketeering activity” in section 895.02 . . .
. . . section 849.0931, the bingo statute, from a listing of the statutes describing the scope of section 895.02 . . . of the gambling chapter that it punishes and does not include section 849.0931, the bingo statute: 895.02 . . . Section 84-9.09, s. 849.14, s. 849.15, s. 849.23, or s. 849.25, relating to gambling. § 895.02(l)(a)( . . .
. . . . § 895.02. Id. . . . .
. . . . § 895.02. . . . Section 895.02 thus treats claims for amounts in excess of actual damages as if they cannot survive against . . . double damages, permitting a WOC-CA claim to be brought against an estate would be inconsistent with § 895.02 . . .
. . . violations are not identified among the statutes listed as “racketeering activity” under subsection 895.02 . . . ) of the Florida RICO statute, but violations of section 849.09, the lottery statute, are listed. § 895.02 . . .
. . . . §§ 895.03(3), 895.02(3) and 895(4), Fla. Slat. (1995). . § 932.701-707, Fla. Slat. (1996). . U.S. . . .
. . . intentionally, and knowingly, while employed by or associated with an enterprise as defined by Section 895.02 . . . 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 . . . willfully, and knowingly engage in a pattern of racketeering activity as defined by Florida Statute 895.02 . . . and it includes illicit as well as licit enterprises and governmental, as well as other, entities.” § 895.02 . . .
. . . persons known and unknown to commit an offense, to wit: Racketeering, as defined in Florida Statute 895.02 . . . entity, for the purpose of engaging in racketeering activities within the meaning of Florida Statute 895.02 . . . said enterprise through engaging in a pattern of racketeering activity as defined in Florida Statute 895.02 . . . unknown, to violate the laws of the State of Florida, to-wit Racketeering, as defined in Florida Statute 895.02 . . . enterprise through a continuous pattern of racketeering activity, within the meaning of Florida Statute 895.02 . . .
. . . contends the State failed to' establish that he was involved in an “enterprise” as defined in section 895.02 . . . Section 895.02(4) defines that term: “Pattern of racketeering activity” means engaging in at least two . . .
. . . .” § 895.02(3). . . . . § 895.02(4). . . . defined as any of the crimes chargeable by indictment or information that are enumerated in section 895.02 . . .
. . . Fla.Stat. ch. 895.02(4). . . . .
. . . See § 895.02(l)(a)17 and 29, Fla.Stat. (1991). . . . .
. . . trial court did not accept appellant’s position that the phrase “relating to prostitution” in section 895.02 . . .
. . . The definition of “racketeering activity” in subsection 895.02(1), Florida Statutes (1987), does not . . . indictment or information” under the specific provisions of the Florida Statutes enumerated therein. § 895.02 . . .
. . . Section 895.02(3) defines "enterprise” to mean: Any individual, sole proprietorship, partnership, corporation . . . Section 895.02(4) defines “pattern of racketeering" activity to mean: engaging in at least two incidents . . .
. . . . § 895.02(l)(a) and (b) define an “incident” of racketeering activity under Florida RICO to include . . . Stat. § 895.02(l)(b), Colonial has sufficiently alleged the claims within the purview of Florida RICO . . .
. . . .” § 895.02(9), Fla.Stat. (1989). . . .
. . . . § 895.02(1). . . . . § 895.02(4). In Bowden v. . . .
. . . See §§ 895.03 & 895.02(3), Fla.Stat. (1987); and Boyd v. . . .
. . . We further hold that to the extent that sections 895.03(3) and 895.02(2) involve the collection of a . . . "Racketeering activity" is defined in section 895.02(1), Florida Statutes. . . . . "Enterprise” is defined in section 895.02(3), Florida Statutes. See, Boyd v. . . . "Pattern of racketeering activity” is defined in section 895.02(4), Florida Statutes, and “racketeering . . . Section 895.02(2) provides: (2) "Unlawful debt” means any money or other thing of value constituting . . .
. . . hearing on the ground that Day acting by himself did not constitute an “enterprise” as defined by section 895.02 . . .
. . . .” § 895.02(3), Fla.Stat. (1989). . . . will ordinarily operate as a “group of individuals associated in fact although not a legal entity_” § 895.02 . . . also defined to include any legitimate business entity, such as a corporation or partnership, id. § 895.02 . . . THE ENTERPRISE ELEMENT An enterprise is broadly defined in section 895.02(3), Florida Statutes (1989) . . . and it includes illicit as well as licit enterprises and governmental, as well as other, entities. § 895.02 . . .
. . . . §§ 1961(6), 1962(c), and the Florida statute, § 895.02(2) (Supp.1990), he was not required to prove . . .
. . . Four counts of racketeering (RICO), sections 895.02(3), 895.03(1), Florida Statutes (1987): 30 years . . . the last of such incidents occurred within 5 years after a prior incident of racketeering conduct. § 895.02 . . .
. . . defined in Section 896.101(l)(g) “means any ‘racketeering activity’ as defined in Florida Statutes 895.02 . . . Moreover, Section 896.101(2) refers to Section 895.02 which defines racketeering activity. . . .
. . . . § 1961(4) (Federal RICO) and Florida Statutes, § 895.02(3), (Florida RICO). . . .
. . . Compare § 895.02(1)(a)28, Fla.Stat. (1989) (making sale or possession of obscene materials a racketeering . . .
. . . , penalizing and deterring the financing of “racketeering activity” (see sections 896.101(l)(g) and 895.02 . . .
. . . The defendant was convicted of racketeering (§ 895.02(1), Fla.Stat.), trafficking in cocaine (§ 893.135 . . . racketeering (Count I) because such a conviction requires two or more “incidents of racketeering conduct” (§ 895.02 . . .
. . . agent, in Florida, for damages under the Florida Racketeer Influenced and Corrupt Organization Act, § 895.02 . . .
. . . 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 . . . “Racketeering activity” is further defined by Section 895.02(1), Florida Statutes (1985), to include . . .
. . . Section 895.02(4) defines “pattern of racketeering activity” as: engaging in at least two incidents of . . . the last of such incidents occurred within 5 years after a prior incident of racketeering conduct. § 895.02 . . .
. . . See §§ 895.02(4) and 895.03(3), Fla.Stat. (1987). . . .
. . . See §§ 895.02, 895.03(4), 812.-014, 517.07, 517.12 and 517.301, Fla.Stat. . . .
. . . case sub judice is consistent with the law and public policy of the state of Florida,” citing sections 895.02 . . .
. . . Section 895.02(4), Fla.Stat. (1987) of the Florida RICO Act proscribes conduct evidencing a “pattern . . .
. . . The court finds that there was a pattern of racketeering activity as defined in § 895.02 Florida Statutes . . .
. . . . § 895.02(l)(a)22, Florida Statutes (1987). . . . . § 895.02(3), Fla. Stat. (1987). It is clear that Mr. . . .
. . . Section 895.02, Florida Statutes (1985 and Supp.1986), provides: As used in ss. 895.01-895.08, the term . . .
. . . Note to Judge Instruct as to five-year limitation period (F.S. 895.02(4)) if appropriate. . . . Give as applicable F.S. 895.02(9) “Real property” means land and whatever is erected on it. . . . Note to Judge Instruct as to five-year limitation period (F.S. 895.02(4)) if appropriate. . . . Definitions F.S. 895.02(2) 2. . . . Note to Judge Instruct as to five-year limitation period (F.S. 895.02(4)) if appropriate. . . .
. . . . § 895.02(l)(a)(27) (1987); Ga. . . .
. . . maintain, directly or indirectly, any interest in or control of any enterprise or real property- Section 895.02 . . . Section 895.02(4) defines pattern of racketeering activity as: engaging in at least two incidents of . . .
. . . was legally insufficient to charge “two incidents” of racketeering conduct, as required by section 895.02 . . .
. . . argues that a lone robber acting by himself does not constitute an “enterprise” as defined in section 895.02 . . .
. . . An “enterprise” is defined in section 895.02(3), Florida Statutes (1987) as: ... any individual, sole . . .
. . . 18, United States Code, section 1961(l)(d), and an act of racketeering activity as defined in F.S. 895.02 . . . participate, directly or indirectly, in such enterprise through a pattern of racketeering activity_” Section 895.02 . . .
. . . Section 849.25 is a specifically enumerated crime under the aegis of section 895.02. . . . that is, “at least two incidents of racketeering conduct,” which is the gravamen of a RICO offense. § 895.02 . . .
. . . dismissed because a violation of that statute is not one of the predicate crimes listed in section 895.02 . . .
. . . to dismiss, Nishi admitted that the robberies constituted racketeering activity pursuant to section 895.02 . . .
. . . . § 895.02(l)(a)(23), Fla.Stat. . . .
. . . . § 895.02(l)(a) (Florida RICO) and prays for treble damages thereunder. . . . usurious interest constitutes a sufficient pattern of racketeering activity as contemplated by Fla.Stat. § 895.02 . . . Section 895.02(l)(a)(8) provides that a violation pursuant to Fla.Stat. §§ 687 et seq. is a "racketeering . . . See Fla.Stat. § 895.02(l)(a)(8). . . .
. . . . §§ 895.02 and 895.03 (West Supp.1986). . . .