Notes of Decisions
Stand. Jury Instructions in Crim. Cases-Submission 2002-1, 850 So. 2d 1272 (Fla. 2003).
· cites it 30× “See § 895.02(1), FlaStat. Define the crimes alleged-as-ineide-nts- Definitions Give in every case “Receiving proceeds with criminal intent” means that the defendant, at the time [he][she] received the proceeds, either knew the source of the proceeds or had [his][her] suspicions…”
In Re Stan. Jury Instr. in Crim. Cases, 543 So. 2d 1205 (Fla. 1989).
· cites it 15× “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…”
State v. Rubio, 967 So. 2d 768 (Fla. 2007).
· cites it 13× “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…”
Lugo v. State, 845 So. 2d 74 (Fla. 2003).
· cites it 5× “See §§ 895.02-895.03, Fla. Stat. (1995). Lugo's racketeering activity, which occurred within a six-month time frame, falls well within this requirement.”
Joel De La Osa v. State, 158 So. 3d 712 (Fla. 4th DCA 2015).
· cites it 17× “Section 895.02, Florida Statutes (2003), defines the terms contained in section 895.”
Boyd v. State, 578 So. 2d 718 (Fla. 3d DCA 1991).
· cites it 9× “" § 895.02(3), Fla. Stat. (1989). [1] In construing the counterpart provision of the federal RICO statute, 18 U.”
Gross v. State, 765 So. 2d 39 (Fla. 2000).
· cites it 8× “§ 895.02(3), Fla. Stat. (1993). Given the similarity of the state and federal statutes, Florida courts have looked to the federal courts for guidance in construing RICO provisions.”
Marill Alarm Sys., Inc. v. Equity Funding Corp. (In Re Marill Alarm Sys., Inc.), 81 B.R. 119 (S.D. Fla. 1987).
· cites it 7× “Appellants’ charging and collecting what appears to be usurious interest constitutes a sufficient pattern of racketeering activity as contemplated by Fla.Stat. § 895.02. Accordingly, it is hereby ORDERED AND ADJUDGED that the Final Judgment of the bankruptcy court is invalidated…”
Polakoff v. State, 586 So. 2d 385 (Fla. 5th DCA 1991).
· cites it 18× “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.”
Doorbal v. State, 983 So. 2d 464 (Fla. 2008).
· cites it 2× “2d at 97 ; see also § 895.02(3), Fla. Stat. (2006). To satisfy the "enterprise" element of the RICO statute, the State must demonstrate that a defendant acted in concert with at least one other person, organization, or entity.”
Allocco v. City of Coral Gables, 221 F. Supp. 2d 1317 (S.D. Fla. 2002).
· cites it 4× “A pattern of racketeering activity is defined by statute 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 interrelated by distinguishing…”
In Re: Stand. Jury Instructions in Crim. Cases-Report 2018-06., 260 So. 3d 941 (Fla. 2018).
· cites it 18× “The money or property involved in the financial transaction represented the proceeds of (describename of the specified unlawful activity listed in Fla. Stat.§ 895.02(8)(a)1.-50. that is alleged in the charging document).”
— 895.02(1) — 14 cases
Stand. Jury Instructions in Crim. Cases-Submission 2002-1, 850 So. 2d 1272 (Fla. 2003).
“See § 895.02(1), FlaStat. Define the crimes alleged-as-ineide-nts- Definitions Give in every case “Receiving proceeds with criminal intent” means that the defendant, at the time [he][she] received the proceeds, either knew the source of the proceeds or had [his][her] suspicions…”
Joel De La Osa v. State, 158 So. 3d 712 (Fla. 4th DCA 2015).
“Section 895.02, Florida Statutes (2003), defines the terms contained in section 895.”
— 895.02(1)(a) — 12 cases
— 895.02(1)(a)(16) — 2 cases
— 895.02(1)(a)(18) — 1 case
State v. Rubio, 967 So. 2d 768 (Fla. 2007).
“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…”
— 895.02(1)(a)(22) — 1 case
— 895.02(1)(a)(23) — 1 case
— 895.02(1)(a)(24) — 1 case
— 895.02(1)(a)(25) — 1 case
— 895.02(1)(a)(26) — 1 case
State v. Rubio, 967 So. 2d 768 (Fla. 2007).
“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…”
— 895.02(1)(a)(27) — 1 case
— 895.02(1)(a)(29) — 1 case
— 895.02(1)(a)(32) — 2 cases
— 895.02(1)(a)(8) — 1 case
State v. Rubio, 967 So. 2d 768 (Fla. 2007).
“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…”
— 895.02(1)(a)(9) — 1 case
State v. Rubio, 967 So. 2d 768 (Fla. 2007).
“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…”
— 895.02(1)(b) — 2 cases
— 895.02(12) — 1 case
— 895.02(2) — 3 cases
Stand. Jury Instructions in Crim. Cases-Submission 2002-1, 850 So. 2d 1272 (Fla. 2003).
“See § 895.02(1), FlaStat. Define the crimes alleged-as-ineide-nts- Definitions Give in every case “Receiving proceeds with criminal intent” means that the defendant, at the time [he][she] received the proceeds, either knew the source of the proceeds or had [his][her] suspicions…”
In Re Stan. Jury Instr. in Crim. Cases, 543 So. 2d 1205 (Fla. 1989).
“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…”
Polakoff v. State, 586 So. 2d 385 (Fla. 5th DCA 1991).
“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.”
— 895.02(2)(a) — 1 case
Polakoff v. State, 586 So. 2d 385 (Fla. 5th DCA 1991).
“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.”
— 895.02(3) — 36 cases
Stand. Jury Instructions in Crim. Cases-Submission 2002-1, 850 So. 2d 1272 (Fla. 2003).
“See § 895.02(1), FlaStat. Define the crimes alleged-as-ineide-nts- Definitions Give in every case “Receiving proceeds with criminal intent” means that the defendant, at the time [he][she] received the proceeds, either knew the source of the proceeds or had [his][her] suspicions…”
Boyd v. State, 578 So. 2d 718 (Fla. 3d DCA 1991).
“" § 895.02(3), Fla. Stat. (1989). [1] In construing the counterpart provision of the federal RICO statute, 18 U.”
In Re Stan. Jury Instr. in Crim. Cases, 543 So. 2d 1205 (Fla. 1989).
“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…”
Gross v. State, 765 So. 2d 39 (Fla. 2000).
“§ 895.02(3), Fla. Stat. (1993). Given the similarity of the state and federal statutes, Florida courts have looked to the federal courts for guidance in construing RICO provisions.”
Lugo v. State, 845 So. 2d 74 (Fla. 2003).
“See §§ 895.02-895.03, Fla. Stat. (1995). Lugo's racketeering activity, which occurred within a six-month time frame, falls well within this requirement.”
— 895.02(4) — 41 cases
Lugo v. State, 845 So. 2d 74 (Fla. 2003).
“See §§ 895.02-895.03, Fla. Stat. (1995). Lugo's racketeering activity, which occurred within a six-month time frame, falls well within this requirement.”
In Re Stan. Jury Instr. in Crim. Cases, 543 So. 2d 1205 (Fla. 1989).
“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…”
Gross v. State, 765 So. 2d 39 (Fla. 2000).
“§ 895.02(3), Fla. Stat. (1993). Given the similarity of the state and federal statutes, Florida courts have looked to the federal courts for guidance in construing RICO provisions.”
— 895.02(5) — 2 cases
— 895.02(7) — 3 cases
— 895.02(8) — 1 case
— 895.02(8)(a) — 2 cases
In Re: Stand. Jury Instructions in Crim. Cases-Report 2018-06., 260 So. 3d 941 (Fla. 2018).
“The money or property involved in the financial transaction represented the proceeds of (describename of the specified unlawful activity listed in Fla. Stat.§ 895.02(8)(a)1.-50. that is alleged in the charging document).”
— 895.02(8)(b) — 8 cases
— 895.02(9) — 4 cases
Stand. Jury Instructions in Crim. Cases-Submission 2002-1, 850 So. 2d 1272 (Fla. 2003).
“See § 895.02(1), FlaStat. Define the crimes alleged-as-ineide-nts- Definitions Give in every case “Receiving proceeds with criminal intent” means that the defendant, at the time [he][she] received the proceeds, either knew the source of the proceeds or had [his][her] suspicions…”
In Re Stan. Jury Instr. in Crim. Cases, 543 So. 2d 1205 (Fla. 1989).
“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…”
— 895.02(k) — 1 case
Stand. Jury Instructions in Crim. Cases-Submission 2002-1, 850 So. 2d 1272 (Fla. 2003).
“See § 895.02(1), FlaStat. Define the crimes alleged-as-ineide-nts- Definitions Give in every case “Receiving proceeds with criminal intent” means that the defendant, at the time [he][she] received the proceeds, either knew the source of the proceeds or had [his][her] suspicions…”
— 895.02(l)(a) — 9 cases
Joel De La Osa v. State, 158 So. 3d 712 (Fla. 4th DCA 2015).
“Section 895.02, Florida Statutes (2003), defines the terms contained in section 895.”
— 895.02(l)(a)(21) — 1 case
— 895.02(l)(a)(24) — 1 case
— 895.02(l)(a)(32) — 1 case
— 895.02(l)(a)(8) — 1 case
— 895.02(l)(b) — 2 cases
Joel De La Osa v. State, 158 So. 3d 712 (Fla. 4th DCA 2015).
“Section 895.02, Florida Statutes (2003), defines the terms contained in section 895.”
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