Arrestable Offenses / Crimes under Fla. Stat. 895.03
Level: DegreeMisdemeanor/Felony: First/Second/Third
S895.03 1 - PUBLIC ORDER CRIMES - RENUMBERED. SEE REC # 10377 - F: S
S895.03 1 - PUBLIC ORDER CRIMES - USE INVEST PROCEEDS FROM RACKETEERING ACTIVITY - F: F
S895.03 2 - PUBLIC ORDER CRIMES - RENUMBERED. SEE REC # 10378 - F: S
S895.03 2 - PUBLIC ORDER CRIMES - ACQUIRE/MAINTAIN RACKETEERING REAL PROPERTY - F: F
S895.03 3 - PUBLIC ORDER CRIMES - RENUMBERED. SEE REC # 10379 - F: S
S895.03 3 - PUBLIC ORDER CRIMES - COND/PARTIC IN ENTERPRISE THRU RACKETEERING - F: F
S895.03 4 - PUBLIC ORDER CRIMES - CONSPIRACY USE INVEST PROCEEDS FROM RACKETEER - F: S
S895.03 4 - PUBLIC ORDER CRIMES - CONSPIRACY ACQ/MAINTAIN RACKETEER REAL PROP - F: S
S895.03 4 - PUBLIC ORDER CRIMES - CONSPIRACY PARTICIPATE ENTERPRISE RACKETEERING - F: S
S895.03 - PUBLIC ORDER CRIMES - REMOVED - F: F
Cases Citing Statute 895.03
Total Results: 113
841 F.2d 1558, 1988 U.S. App. LEXIS 4821, 1988 WL 26461
Court of Appeals for the Eleventh Circuit | Filed: Apr 15, 1988 | Docket: 33174
Cited 237 times | Published
...conspired and participated in the conduct of a criminal enterprise which involved the systematic theft by fraud from numerous victims....” The “Offenses Charged” section of the probable cause affidavit listed four Florida statutes ( Fla. Stat. § 812.014 (2)(b) (1985), § 817.036(1) (1985), § 895.03(3) (1985), § 895.03(4) (1985)) dealing with grand theft, fraud, conspiracy to violate the Florida Racketeer Influenced and Corrupt Organization (RICO) Act and violation of the Florida RICO statute....
543 So. 2d 1205, 1989 WL 34342
Supreme Court of Florida | Filed: Mar 30, 1989 | Docket: 1729777
Cited 112 times | Published
...[The quantity of the substance involved was 5 kilograms or more but less than 25 kilograms.] c. [The quantity of the substance involved was 25 kilograms or more.] EXHIBIT 9 RICO USE OR INVESTMENT OF PROCEEDS FROM PATTERN OF RACKETEERING ACTIVITY F.S. 895.03(1) Before you can find the defendant guilty of Unlawful Use or Investment of Proceeds from a Pattern of Racketeering Activity, the State must prove the following four elements beyond a reasonable doubt: Elements 1....
...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. RICO USE OR INVESTMENT OF PROCEEDS FROM FROM COLLECTION OF UNLAWFUL DEBT F.S. 895.03(1) Before you can find the defendant guilty of Unlawful Use or Investment of Proceeds from Collection of Unlawful Debt, the State must prove the following two elements beyond a reasonable doubt: Elements 1....
...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. RICO ACQUISITION OR MAINTENANCE THROUGH PATTERN OF RACKETEERING ACTIVITY F.S. 895.03(2) Before you can find the defendant guilty of unlawfully [acquiring] [maintaining] and interest in or control of [an enterprise] [real property], the State must prove the following three elements beyond a reasonable doubt: *1229 Elements 1....
...*1230 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. RICO ACQUISITION OR MAINTENANCE THROUGH COLLECTION OF UNLAWFUL DEBT F.S. 895.03(2) Before you can find the defendant guilty of unlawfully [acquiring] [maintaining] and interest in or control of [an enterprise] [real property], the State must prove the following two elements beyond a reasonable doubt: Elements 1....
...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. RICO CONDUCT OR PARTICIPATION IN AN ENTERPRISE THROUGH COLLECTION OF UNLAWFUL DEBT F.S. 895.03(3) Before you can find the defendant guilty of unlawfully [conducting] [participating] in an enterprise, the State must prove the following two elements beyond a reasonable doubt: Elements 1....
...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. RICO CONDUCT OR PARTICIPATION IN AN ENTERPRISE THROUGH A PATTERN OF RACKETEERING ACTIVITY F.S. 895.03(3) Before you can find the defendant guilty of unlawfully [conducting] [participating] in an enterprise, the State must prove the following two elements beyond a reasonable doubt: Elements 1....
...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. CONSPIRACY TO ENGAGE IN PATTERN OF RACKETEERING ACTIVITY F.S. 895.03(4) A "conspiracy" is a combination or agreement of two or more persons to join together to attempt to accomplish an offense which would be in violation of the law....
572 So. 2d 904, 1990 WL 191708
Supreme Court of Florida | Filed: Nov 29, 1990 | Docket: 301935
Cited 64 times | Published
...As a result of an investigation conducted by the Florida Department of Law Enforcement (FDLE) into football betting in the Pensacola area, Baird was charged with numerous counts of racketeering and book-making. After a jury trial, he was found guilty of three counts of racketeering in violation of section 895.03(4), Florida Statutes (1987)....
845 So. 2d 74, 2003 WL 359291
Supreme Court of Florida | Filed: Feb 20, 2003 | Docket: 1728751
Cited 54 times | Published
...The trial judge refused to find two other nonstatutory mitigators: (1) if incarcerated, Lugo would be able to assist other prisoners in learning computer skills; and (2) Lugo should not be sentenced to death because he was not the "hands-on" killer. [32] See § 895.03, Fla....
...tute 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. Stat. (1995). Lugo's racketeering activity, which occurred within a six-month time frame, falls well within this requirement. [39] The substantive Florida RICO statute, section 895.03, Florida Statutes (1993), is patterned after its federal counterpart....
...[42] Lugo requested a judgment of acquittal at the close of the State's case-in-chief. Therefore, in reviewing the sufficiency of the evidence, we "view[ ] the evidence in the light most favorable to the State." Gross v. State, 765 So.2d 39, 46 (Fla.2000). [43] See § 895.03, Fla....
983 So. 2d 464, 2008 WL 382742
Supreme Court of Florida | Filed: Feb 14, 2008 | Docket: 1665529
Cited 54 times | Published
...Doorbal was convicted of RICO violations and conspiracy to commit RICO violations. Under the Florida Statutes, the elements of a RICO crime are (1) conduct or participation in an enterprise; through (2) a pattern of racketeering activity. See Lugo, 845 So.2d at 97; see also § 895.03, Fla....
932 F.2d 1572
Court of Appeals for the Eleventh Circuit | Filed: Jun 18, 1991 | Docket: 66264429
Cited 37 times | Published
property, and a state RICO claim under Fla.Stat.Ann. § 895.03. In their amended complaint, Avirgan and Honey
553 So. 2d 148, 1989 WL 120852
Supreme Court of Florida | Filed: Oct 12, 1989 | Docket: 1675568
Cited 36 times | Published
...1, 94 S.Ct. 1820, 1842 n. 1, 40 L.Ed.2d 341 (1974) (Powell, J., concurring in part and dissenting in part). See generally J. Carr, The Law of Electronic Surveillance § 3.2(c)(2)(B) (1988); 2 G. Trubow, Privacy Law and Practice § 11.04[8] (1988). [4] § 895.03, Fla....
765 So. 2d 39, 2000 WL 966714
Supreme Court of Florida | Filed: Jul 14, 2000 | Docket: 428611
Cited 36 times | Published
...on Organized Crime HB 2127 (1977) Staff Analysis 2 (June 2, 1977) (available at Fla. Dep't of State, Div. of Archives, ser. 18, carton 1285, Tallahassee, Fla.). The "enterprise" and "pattern of racketeering activity" [1] elements of RICO are almost identical to the Federal RICO provisions. Specifically, section 895.03(3), Florida Statutes (1993), makes it "unlawful for any person employed by, associated with, any enterprise to conduct or participate, directly or indirectly, in such enterprise through a pattern of racketeering activity or the collect...
881 So. 2d 565
District Court of Appeal of Florida | Filed: May 26, 2004 | Docket: 1465686
Cited 26 times | Published
...construed states: "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." § 895.03(3), Fla. Stat. (1985). The issue before us is whether, within the meaning of section 895.03(3), the defendant can be both the "person" and the "enterprise." Basing our decision on the clear language of section 895.03(3) and on a series of cases which construe that same language in the federal RICO Act, 18 U.S.C.A....
...action to the detriment of the victim of the knowing false statement")(emphasis added). Thus, the charge requiring a finding of causation was contingent on proof of reliance and was in no way a waiver of the necessity for proof of that element. [5] Section 895.03(3) is the counterpart to section 772.103(3), which provides for civil remedies for criminal practices....
336 F. Supp. 2d 1239, 2004 U.S. Dist. LEXIS 19264
District Court, S.D. Florida | Filed: Jul 26, 2004 | Docket: 1398453
Cited 25 times | Published
...codified at 18 U.S.C. § 1961 et seq., and Florida courts often look to federal courts' interpretation of the federal statutes for guidance and as persuasive authority. See Lugo v. State, 845 So.2d 74, 96 n. 39 (Fla.2003) ("Florida['s] RICO statute, section 895.03, [16] Florida Statutes (1993), is patterned after its federal counterpart [and] Florida courts may look to federal RICO decisions as persuasive authority") (citations omitted), cert....
521 So. 2d 252, 1988 WL 15460
District Court of Appeal of Florida | Filed: Mar 1, 1988 | Docket: 1270243
Cited 24 times | Published
...Before HENDRY, NESBITT and JORGENSON, JJ. PER CURIAM. The state appeals the dismissal of a charge that Jorge Nishi violated the Florida RICO (Racketeer Influenced and Corrupt Organization) Act. We affirm. Nishi was charged with one count of violating the Florida RICO Act, section 895.03, Florida Statutes (1985), as well as with several counts of armed robbery....
...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....
...The pertinent section of the statute to be construed states: "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." § 895.03(3), Fla. Stat. (1985). The issue before us is whether, within the meaning of section 895.03(3), the defendant can be both the "person" and the "enterprise." Basing our decision on the clear language of section 895.03(3) and on a series of cases which construe that same language in the federal RICO Act, 18 U.S.C.A. § 1962(c) (1984), we find that, given the facts of this case, the defendant cannot be charged with a RICO offense. First, the language of section 895.03(3) requires that the accused be "employed by or associated with any enterprise." Applying that language to the case at hand, we would be required to find that Nishi, the person, was employed by or associated with Nishi, the enterprise....
...The fact that the defendant ran a business distinct from himself brought his acts within the bounds of section 1962(c). In DiCaro, the Seventh Circuit was confronted with the identical issue before us now. In that case, the defendant, charged with the federal equivalent of section 895.03(3), Florida Statutes (1985), committed seven criminal acts over an extended time, including armed robbery, theft, and attempted murder....
...denied, 424 So.2d 760 (Fla. 1983), follows the same reasoning used in McCullough while it extends the breadth of what can be considered an enterprise. In Bowen, a sole proprietor of a gold and silver exchange, who dealt in stolen goods, was convicted under section 895.03, at that time section 943.462(3), Florida Statutes (1979)....
...statutory language, an assertion that a defendant could conspire with his right arm, which held, aimed, and fired the fatal weapon." Id. at 1190. Based on this analysis, we hold that the defendant, Jorge Nishi, cannot be charged with a violation of section 895.03 because he cannot be both the "person" and the "enterprise" within the meaning of that statute....
572 So. 2d 522, 1990 WL 179049
District Court of Appeal of Florida | Filed: Nov 21, 1990 | Docket: 479655
Cited 23 times | Published
...ther. 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....
...ing activity" under the Florida Racketeer Influenced and Corrupt Organizations Act (RICO), chapter 895, Florida Statutes (1987), which is patterned after the federal RICO statute, 18 U.S.C. §§ 1961-68. The heart of the RICO offense is contained in section 895.03, Florida Statutes (1987), and may be summarized for purposes of the instant case as follows: It is unlawful for one who has with criminal intent received any proceeds derived from "a pattern of racketeering activity" to use or invest a...
...re four different RICO "patterns." This view is incorrect for three reasons. First, the RICO act differentiates the element of a pattern of racketeering activity (which gives rise to "proceeds") from the element of using or investing those proceeds. Section 895.03 does not make each incident of use or investment of proceeds of the same pattern of racketeering activity a separate RICO offense....
578 So. 2d 718, 1991 WL 1496
District Court of Appeal of Florida | Filed: Jan 8, 1991 | Docket: 1932181
Cited 21 times | Published
...Provide a reasonable expectation of a forfeiture which is proportionate to the underlying criminal conduct. Smith & Reed, supra § 3.01 at 3-3, 3-4. [1] The statute does not invariably require that criminal conduct be conducted through an "enterprise," see § 895.03(1), (2), Fla....
600 So. 2d 1093, 1992 WL 74900
Supreme Court of Florida | Filed: Apr 16, 1992 | Docket: 1527863
Cited 20 times | Published
...Upon motion by the respondents, the trial court dismissed the RICO counts. The district court of appeal affirmed on the premise that the information failed to allege "a pattern of racketeering activity" because of the lack of continuity in the alleged racketeering conduct. *1094 Section 895.03, Florida Statutes (1985), under which the respondents were charged, states in pertinent part: (3) It is unlawful for any person employed by, or associated with, any enterprise to conduct or participate, directly or indirectly, in such...
691 F. Supp. 1357, 1988 U.S. Dist. LEXIS 6352, 1988 WL 65692
District Court, S.D. Florida | Filed: Jun 23, 1988 | Docket: 1392149
Cited 19 times | Published
...The plaintiffs contend that the defendants have conspired together to violate the subsections in § 1962 and have taken overt acts further into this conspiracy. B. The State Law Claims. Plaintiffs bring seven state law claims. Six arise under Florida common law, and the seventh is one under the Florida RICO Statute, § 895.03....
...istress. The fifth count is one for trespass and damage to personal property. Plaintiffs contend that the bombing at La Penca destroyed the plaintiffs' television recording equipment. The plaintiffs also allege a state RICO claim under Fla.Stat.Ann. § 895.03....
807 So. 2d 122, 2002 WL 91297
District Court of Appeal of Florida | Filed: Jan 25, 2002 | Docket: 1750595
Cited 17 times | Published
...5th DCA 2000) (holding that sentence must be vacated and case remanded for resentencing within the guidelines because valid reasons for departure were not established); State v. Arvinger, 751 So.2d 74 (Fla. 5th DCA 1999). SENTENCES VACATED; REMANDED FOR RESENTENCING. THOMPSON, C.J. and COBB, J., concur. NOTES [1] § 895.03(3), Fla....
819 So. 2d 208, 2002 WL 1085251
District Court of Appeal of Florida | Filed: May 31, 2002 | Docket: 1456941
Cited 13 times | Published
...Kent Tippets Black appeals three felony convictions arising out of security sales he made to Escambia County as a salesperson for First Montauk Securities Corporation (Montauk). He stands convicted of conducting or participating in the affairs of an enterprise through a pattern of racketeering in violation of section 895.03(3), Florida Statutes (1993), of conspiracy to conduct or participate in the affairs of an enterprise through a pattern of racketeering activity in violation of section 895.03(4), Florida Statutes (1993), and of obtaining $50,000 or more by organized fraud in violation of the Florida Communications Fraud Act, section 817.034(4)(a)1., Florida Statutes (1993)....
...255,932.00 the County received because it held the CMOs. VIII. The trial court had jurisdiction of the person of the appellant and of the crimes of which he has been convicted. It did not err in denying his motion for judgment of acquittal as to the section 895.03(3) and (4) counts, because the state put on adequate evidence of his participation both in a conspiracy and in "a continuity of criminal activity so as to meet the definition of `pattern of racketeering activity' under the Florida RICO Act." State v....
625 F. Supp. 1194, 1985 U.S. Dist. LEXIS 23783
District Court, S.D. Florida | Filed: Nov 26, 1985 | Docket: 2147175
Cited 12 times | Published
...f plaintiffs' cable television services (hereinafter "unauthorized cable television equipment"). The action arises under the federal Communications Act of 1934, 47 U.S.C. § 553; the federal R.I.C.O. Act, 18 U.S.C. § 1962; the Florida R.I.C.O. Act, § 895.03, Florida Statutes; the Florida Trespass and Larceny of Cable Television Service Statute, § 812.14, Florida Statutes; Florida Theft Statute, § 812.014(1), Florida Statutes; the Florida Unfair and Deceptive Acts or Practices Statute, § 501...
529 So. 2d 711, 1988 WL 26257
District Court of Appeal of Florida | Filed: May 17, 1988 | Docket: 2515793
Cited 11 times | Published
...For the reasons which follow, we affirm the trial court's orders denying the motions to suppress and the motions to dismiss the informations. The appellants were charged with various offenses including violation of the Racketeer Influenced and Corrupt Organization statute [RICO], section 895.03, Florida Statutes (1983); RICO conspiracies in violation of section 895.03(3), Florida Statutes (1983); conspiracy to commit bookmaking; and bookmaking in violation of section 849.25, Florida Statutes (1983)....
...received probation terms appropriate to the felony charge. Finally, we affirm the judgments and sentences of Alfred Mart and Bernard Shaktman who pled nolo 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....
546 So. 2d 72, 1989 WL 72105
District Court of Appeal of Florida | Filed: Jun 30, 1989 | Docket: 1443092
Cited 11 times | Published
...Act (RICO). Ch. 895, Fla. Stat. (1987). Recognizing that this decision conflicts with State v. Bowen, 413 So.2d 798 (Fla. 1st DCA 1982), review denied, 424 So.2d 760 (Fla. 1983), we reverse the judgment and hold that a sole proprietor cannot violate section 895.03(3), Florida Statutes (1987), by committing unlawful acts in the name of his sole proprietorship if the sole proprietor has no employees or associates....
...On March 15, 1988, the state filed an information against Mr. Masonoff containing seven misdemeanor counts for obtaining property in return for worthless checks, six felony counts for obtaining property in return for worthless checks, a grand theft count, and a RICO count under section 895.03(3), Florida Statutes (1987)....
...On April 28, 1988, the state amended the information and alleged that the enterprise was Communication Connection. Mr. Masonoff moved to dismiss the RICO count. When his motion was unsuccessful, he pleaded nolo contendere to all charges and reserved his right to appeal the trial court's refusal to dismiss the RICO charge. Section 895.03(3), Florida Statutes (1987), states: 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....
...in stolen property. That court based its decision on a "review of the history of the Act and of the statutory language." Bowen, 413 So.2d at 799. Primarily, that court relied upon the observation that section 943.462(3), Florida Statutes (1979) (now section 895.03(3), Florida Statutes (1987)), refers to "any" enterprise rather than to "another" enterprise. Thus, the court reasoned that, since a person can be an enterprise, the "person" and the "enterprise" required for a violation of section 895.03(3) could be a single entity....
...the same enterprise. The statute clearly implies that "any person" must be a sufficiently separate entity from the "enterprise" to permit an employer/employee relationship or some other association. If solo crimes by a self-employed person violated section 895.03(3), Florida Statutes (1987), then the crime of racketeering, with its increased penalties, would apply to a substantial percentage of crimes....
...In Bowen, the sole proprietor had rented a place of business. The fact that a sole proprietorship has a separate address or telephone number does not, from our perspective, create an organization which is sufficiently separate from the sole proprietor to authorize a violation of section 895.03(3), Florida Statutes (1987)....
...We adopt the Seventh Circuit's analysis as an appropriate rule for interpretation of Florida's RICO Act. Since this case lacks an enterprise sufficiently separate from Mr. Masonoff, the trial court erred in refusing to dismiss the count filed under section 895.03(3), Florida Statutes (1987)....
511 So. 2d 384
District Court of Appeal of Florida | Filed: Jul 23, 1987 | Docket: 1338576
Cited 11 times | Published
...Turning to the dismissal of count VII as it relates to appellees, we again affirm. Count VII alleges that appellees violated chapter 895, Florida's RICO Act. Appellants maintain that the conduct alleged in count VII establishes the "pattern of racketeering activity" requisite to a finding of a violation of section 895.03, comparing this cause to the circumstances in Banderas v....
967 So. 2d 768, 2007 WL 2002586
Supreme Court of Florida | Filed: Oct 18, 2007 | Docket: 1408397
Cited 10 times | Published
...5th DCA 2005), which held a state statute to be invalid. This Court has jurisdiction under article V, section 3(b)(1) of the Florida Constitution. FACTS AND PROCEDURAL HISTORY The defendants were charged in a 130-count information. The counts were: (1) racketeering, in violation of section 895.03(3), Florida Statutes (2002); (2) conspiracy to commit racketeering, in violation of section 895.03(4), Florida Statutes (2002); (3-55) Medicaid provider fraud, in violation of section 409.920(2)(a), Florida Statutes (2002); (56-129) split-fee patient brokering, in violation of section 817.505(1)(b), Florida Statutes (2002); and (130) white collar crime, in violation of section 775.0844, Florida Statutes (2002)....
...g that section 817.505 was not a proper predicate on which the State could charge racketeering and white collar crime. The Fifth District affirmed this decision. Rubio, 917 So.2d at 399-400. A. Racketeering The defendants were charged with violating section 895.03(3), Florida Statutes (2002) (the "RICO" statute), 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 or the collection of an unlawful debt." The defendants were also charged with conspiracy to commit racketeering, which is prohibited by section 895.03(4), Florida Statutes....
504 So. 2d 486
District Court of Appeal of Florida | Filed: Mar 20, 1987 | Docket: 453361
Cited 10 times | Published
...ction. *490 Under point VI, appellants maintain that the trial court erred in dismissing count VIII alleging a violation of chapter 895, Florida's RICO statute. We agree that the complaint does not set forth facts sufficient to allege a violation of section 895.03(2), Florida Statutes....
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
...Florida's RICO statute makes it "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." Fla. Stat. § 895.03(3)....
596 So. 2d 775, 1992 WL 68850
District Court of Appeal of Florida | Filed: Apr 6, 1992 | Docket: 1296087
Cited 9 times | Published
...federal law, the term enterprise "includes" the various entities enumerated in 18 U.S.C. § 1961 (4). Further, the Florida definition of enterprise explicitly contains reference to a "sole proprietorship" while its federal counterpart does not. [6] Section 895.03(3) provides that it is unlawful for any person employed by or associated with an enterprise to conduct or participate in such an enterprise through a pattern of racketeering activity....
495 So. 2d 869
District Court of Appeal of Florida | Filed: Oct 8, 1986 | Docket: 1758836
Cited 8 times | Published
...Pate, a senior vice president of Raymond, James & Associates. The complaint alleged violations of chapter 517, Florida Statutes (1983), breach of fiduciary duty, negligence, civil theft pursuant to section 812.014(2), Florida Statutes (1983), and racketeering pursuant to section 895.03, Florida Statutes (1983)....
541 So. 2d 1202, 1988 WL 126639
District Court of Appeal of Florida | Filed: Nov 30, 1988 | Docket: 284058
Cited 8 times | Published
...Gen., Tallahassee, and Davis G. Anderson, Jr., Asst. Atty. Gen., Tampa, for appellee. SCHEB, Acting Chief Judge. The defendant, Timothy Day, appeals his conviction of racketeering under the Florida RICO (Racketeer Influenced and Corrupt Organization Act) under section 895.03(3), Florida Statutes (1985), and the sentences imposed for his convictions of robbery with a firearm, robbery with a deadly weapon, and attempted robbery with a deadly weapon....
592 So. 2d 292, 1991 WL 272643
District Court of Appeal of Florida | Filed: Dec 18, 1991 | Docket: 160336
Cited 8 times | Published
...The defendant then obtained money when funds advanced to him were either partially or never forwarded to the insurance companies. The court adjudicated the defendant guilty and sentenced him as follows: One Count of Racketeering 13 years' imprisonment, § 895.03(3), Fla....
858 So. 2d 1211, 2003 WL 22657875
District Court of Appeal of Florida | Filed: Nov 12, 2003 | Docket: 2448149
Cited 7 times | Published
...es which were occurring at Riverside Park in the Little Havana area of Miami. As a result of the investigation, 28 defendants were charged with 177 crimes. All 28 were charged in counts 4 and 5 of the information with racketeering in violation of subsection 895.03(3), Florida Statutes (1997), and conspiracy to commit racketeering in violation of subsection 895.03(4), Florida Statutes (1997). [2] This defendant was tried separately from the other defendants. Count 4 charged the defendant with racketeering. Under subsection 895.03(3), Florida Statutes, "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...." Under the Florida RICO statute, an "enterprise" includes a criminal street gang....
...gs. Rather, the evidence showed only that defendant sold cocaine in the park and that he was familiar with some other persons who were gang members. That was not enough. *1213 Count 5 charged the defendant with conspiracy to commit racketeering. See § 895.03(4), Fla....
459 So. 2d 368
District Court of Appeal of Florida | Filed: Nov 1, 1984 | Docket: 1683327
Cited 7 times | Published
...Carroll argues that the offenses which formed the basis for the RICO charge are in essence necessarily lesser included offenses of that charge and that therefore he cannot be convicted and sentenced for both. We disagree and affirm. *369 Carroll was charged with violating Florida's RICO Act, section 895.03(3), Florida Statutes (1983), which 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 ac...
...I respectfully dissent from the majority's conclusion that double jeopardy does not bar the prosecution in sentencing for both a RICO violation and the underlying predicate offenses. I believe that the double jeopardy clause in both the State [1] and United States Constitutions [2] bar Carroll's conviction. Section 895.03(3), Florida Statutes (1983) states 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......
660 So. 2d 1360, 1995 WL 392855
Supreme Court of Florida | Filed: Jul 6, 1995 | Docket: 1657709
Cited 7 times | Published
...l usury, bribery, or extortion." [2] The offenses listed in the federal statute include "murder, kidnapping, gambling, robbery, bribery, extortion, or dealing in narcotic drugs, marihuana, or other dangerous drugs." 18 U.S.C. § 2516 (2) (1988). [3] § 895.03, Fla....
573 So. 2d 398, 1991 WL 3597
District Court of Appeal of Florida | Filed: Jan 18, 1991 | Docket: 478893
Cited 7 times | Published
...In the event Prieto prevails at any such hearing, he should be permitted to withdraw his plea to racketeering and/or one count of burglary. Affirmed in part, reversed in part, and remanded with instructions. FRANK, A.C.J., and PATTERSON and ALTENBERND, JJ., concur. NOTES [1] § 895.03(3), Fla....
917 So. 2d 383, 2005 WL 3555898
District Court of Appeal of Florida | Filed: Dec 30, 2005 | Docket: 1509600
Cited 7 times | Published
...n against appellees Sonia Guzman and Anamaria Mendez and three co-defendants John Rubio, Iliana Martin-Fernandez [1] and Gustavo Fernandez. Counts 1 and 2 charged all defendants with racketeering and conspiracy to commit racketeering in violation of section 895.03, Florida Statutes....
610 So. 2d 632, 1992 WL 365772
District Court of Appeal of Florida | Filed: Dec 15, 1992 | Docket: 1413332
Cited 7 times | Published
...On February 12, 1990, the state filed an amended information that charged Appellant, a Pensacola attorney, with four counts of grand theft in violation of section 812.014, Florida Statutes (1987). The fifth count charged a violation of the Florida RICO Act, section 895.03, Florida Statutes (1987), and listed the four grand theft counts as predicate offenses....
...that count; and his entire sentence is vacated and remanded for resentencing. AFFIRMED IN PART, REVERSED IN PART, AND REMANDED. SHIVERS and WOLF, JJ., concur. NOTES [1] The following provisions of that Act are relevant to the issues on this appeal. Section 895.03, Florida Statutes (1987), provides in part: (1) It is unlawful for any person who has with criminal intent received any proceeds derived, directly or indirectly, from a pattern of racketeering activity or through the collection of an u...
887 So. 2d 1186, 2004 WL 2251849
Supreme Court of Florida | Filed: Oct 7, 2004 | Docket: 466590
Cited 6 times | Published
...ntercept communications related to prostitution. Our jurisdiction is mandatory. See art. V, § 3(b)(1), Fla. Const. The precise question we must address is whether violations of Florida's Racketeer Influenced and Corrupt Organization (RICO) statute, § 895.03, Fla....
...The Facts of the Case The State filed an information alleging that appellee James Otte was employed by or associated with a business named Elegant Encounters, an escort service that provided prostitution services. It charged Otte with racketeering and conspiracy to commit racketeering in violation of Florida's RICO statute, § 895.03(3)-(4), Fla....
...ing and money laundering activities in violation of Florida's RICO statute. That the predicate offenses of the RICO allegations were prostitution-related is not determinative; racketeering is a wholly separate crime from any underlying offenses. See § 895.03, Fla....
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
...was conducted. In November, 1995, the state filed in the Orange County circuit court a civil complaint against the defendants and several other corporations and individuals. The complaint sought relief under civil RICO based on alleged violations of section 895.03, Florida Statutes (1995)....
618 F. Supp. 513, 1984 U.S. Dist. LEXIS 21925
District Court, N.D. Florida | Filed: Nov 16, 1984 | Docket: 1367380
Cited 6 times | Published
...ORDER PAUL, District Judge. This action was filed pursuant to the provisions of the Declaratory Judgment Act, 28 U.S.C. § 2201 et seq., the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. § 1961 et seq. ("RICO"), and the Florida RICO Act, Fla.Sta. § 895.03....
...Count Two demands judgment of treble damages against all defendants for violation of RICO, 18 U.S.C. § 1962(c) and (d). Count Three alleges the same RICO claim as Count Two, with an alternative theory of damages. Count IV alleges violation of Florida Statutes § 943.462 and § 943.464, now § 895.03 and § 895.05, the Florida RICO Act, and demands treble damages thereunder....
910 So. 2d 287, 2005 WL 1705237
District Court of Appeal of Florida | Filed: Jul 22, 2005 | Docket: 1494483
Cited 6 times | Published
...Accordingly, the trial court did not err in *292 denying Mrs. Pizzo's motion for judgment of acquittal on this charge. B. Judgment of Acquittal-Conspiracy to Commit Racketeering The State charged Mrs. Pizzo with conspiracy to commit racketeering in violation of section 895.03, Florida Statutes (1997), which provides, in pertinent part: (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....
...es representatives and Jimmy himself. Accordingly, the trial court erred in denying Mrs. Pizzo's motion for judgment of acquittal on mortgage fraud. D. Judgment of Acquittal-Racketeering The State charged Mrs. 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)....
924 F.2d 1555, 1991 WL 17246
Court of Appeals for the Eleventh Circuit | Filed: Feb 14, 1991 | Docket: 66260473
Cited 6 times | Published
18 U.S.C. § 1962(c) — (d) (1988) and Fla.Stat. § 895.03(3)-(4) (1989), respectively. Count fifteen alleged
683 F. Supp. 795, 1988 U.S. Dist. LEXIS 7944, 1988 WL 32647
District Court, S.D. Florida | Filed: Apr 12, 1988 | Docket: 2121397
Cited 6 times | Published
...n raises an issue of fact with respect to Defendant Paige's involvement in the burglary of Plaintiffs' office trailer. Accordingly, summary judgment is DENIED on this count with respect to all Defendants. Count XI: Florida RICO Conspiracy (Fla.Stat. § 895.03) This count is the Florida counterpart to the federal RICO conspiracy claim alleged in Count IX....
532 So. 2d 1112, 1988 WL 109641
District Court of Appeal of Florida | Filed: Oct 19, 1988 | Docket: 1510302
Cited 5 times | Published
...of robbery, and one RICO count. The crimes occurred during February and March, 1987; and Smith allegedly acted alone. The RICO violation was bottomed on the theory that Smith himself constituted *1113 a criminal "enterprise" as that term is used in section 895.03(3), Florida Statutes (1987): 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......
...r attempted acquisition of monies by the commission of robberies, attempted robberies or thefts, by the said Brian Keith Smith." Hence, the question becomes whether Smith can be both the associated "person" and the "enterprise" within the meaning of section 895.03(3), Florida Statutes....
824 So. 2d 908, 2002 WL 1332792
District Court of Appeal of Florida | Filed: Jun 19, 2002 | Docket: 1729491
Cited 5 times | Published
...After viewing the evidence and the reasonable inferences therefrom in the light most favorable to the state, see Gross v. State, 765 So.2d 39, 46 (Fla.2000), we agree that the state presented sufficient evidence at trial to support Mese's conviction for RICO conspiracy. Florida's RICO statute, section 895.03(3), Florida Statutes (1993), makes it "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 colle...
47 So. 3d 297, 2010 Fla. App. LEXIS 10838, 2010 WL 2925114
District Court of Appeal of Florida | Filed: Jul 28, 2010 | Docket: 2397443
Cited 5 times | Published
...cocaine, 400 grams or more but less than 150 kilograms (count three); and conspiracy to traffic in cocaine, 400 grams or more but less than 150 kilograms (count four). Each of the crimes charged is a first-degree felony. § 893.135(1)(b)(1)(c), (5); § 895.03(3), (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
...ough County. Jesus' wife, Concepcion, conducts a restaurant business in Tampa. Jesus's 1978 Cadillac and Concepcion's 1985 Cadillac were seized by the sheriff as an outgrowth of a direct information charging Jesus and Alexander with the violation of section 895.03(3), Florida Statutes (1985), and section 847.011(1)(a), Florida Statutes (1985)....
...In re Forfeiture of One 1976 Chevrolet Corvette, VIN 1Z37L6541240, 442 So.2d 307 (Fla. 5th DCA 1983). Essential to the RICO violation underlying forfeiture of the cars was evidence that Jesus and Alexander had engaged in an "enterprise" through a pattern of racketeering activities contrary to section 895.03(3), Florida Statutes....
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
...Rhodes, Orlando, for appellee Marvin Otto Carlsen. PER CURIAM. This is an appeal from an order dismissing Count I of the indictment of five defendants which charged them with violating the Florida Racketeer Influenced and Corrupt Organization Act (RICO), Section 895.03(3), Florida Statutes (1983)....
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
...See Order Granting Defendants' Motion for Summary Judgment n. 16. Thus, Plaintiffs' RICO claim as asserted under Florida law fails as a matter of law. Second, and more importantly, the alleged acts committed by Defendants do not support a RICO claim. Section 895.03 of the Florida Statutes makes it unlawful for any person associated with any enterprise to conduct or participate, directly or indirectly, in such an enterprise through a pattern of racketeering. § 895.03(3), Fla....
758 So. 2d 1131, 2000 WL 313507
District Court of Appeal of Florida | Filed: Mar 29, 2000 | Docket: 1404151
Cited 4 times | Published
...In granting Borgan's motion for dismissal, the trial court explained as follows: "In order to charge a defendant with a violation of the Florida RICO Act, the State must demonstrate that the defendant engaged in "a pattern of racketeering activity." Fla. Stat. § 895.03(3)(1994)....
677 So. 2d 12, 1996 WL 324661
District Court of Appeal of Florida | Filed: Jun 14, 1996 | Docket: 1690141
Cited 4 times | Published
..., 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).......
...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.......
...cars and transfer said cars to confederates who would then illegally adjust the cars to a lower mileage so as to increase the value at sale, all the while concealing their doings with forged and falsified documents, all contrary to Florida Statutes 895.03(4)....
...GANIZED CRIMINAL CONSPIRACY AFFECTING TWO OR MORE JUDICIAL CIRCUITS. We find this fulfills the jurisdictional requirements for the statewide prosecutor. AFFIRMED in part; REVERSED in part and REMANDED. PETERSON, C.J., and COBB, J., concur. NOTES [1] § 895.03(3), Fla.Stat. [2] § 895.03(4), Fla.Stat....
677 So. 2d 938, 1996 WL 410726
District Court of Appeal of Florida | Filed: Jul 24, 1996 | Docket: 1689943
Cited 4 times | Published
...We reverse the dismissal of the racketeering charge but affirm the dismissal of the remaining charges. The state filed an information against appellee charging him with one count of organized fraud, in violation of section 817.03(4)(a), Florida Statutes (1993); one count of racketeering, in violation of section 895.03, Florida Statutes (1993); ten counts of the offense of conduct of financial transaction involving proceeds of unlawful activity, in violation of section 896.101(2); four counts of first degree grand theft, in violation of section 812.0...
...ore, we reverse the order granting the other motion to dismiss. The appellee's motion to dismiss the racketeering charge was based on the assertion that the state failed to plead a prima facie showing of the existence of an enterprise as required by section 895.03....
...nterprise consisting of his law firm and other corporations which he controlled to conceal and use for his benefit the proceeds he obtained unlawfully from the victims. The Florida RICO (Florida Racketeer Influenced and Corrupt Organization) Act, at section 895.03(3), Florida Statutes (1993), states: "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 or the collecti...
560 So. 2d 1296, 1990 WL 51686
District Court of Appeal of Florida | Filed: Apr 26, 1990 | Docket: 1477922
Cited 4 times | Published
...Murrell & Sons, Orlando, for appellee Robert L. Purvis. Neil G. Paulson, Orlando, for appellee Christopher Alan Ellis. PETERSON, Judge. The State appeals the dismissal of Counts I, VI, and VII of its information. Count I of the information alleged a RICO violation pursuant to section 895.03(3), Florida Statutes; Count VI alleged a violation of section 893.135(1)(b)(1), Florida Statutes, trafficking in cocaine; and Count VII alleged a violation of section 893.135(5), Florida Statutes, conspiracy to traffic in cocaine....
...The amended information to which the motion was addressed charged that: Christopher Alan Ellis and Robert Lee Purvis, beginning on or about the 16th day of February, 1988, and continuing through the 23rd day of April, 1988, at diverse times between said dates, in said County and State, did, in violation of Florida Statute 895.03(3) combine with each other to form and associate with an enterprise the purpose of which was to engage in a pattern of criminal activity in violation of Chapter 893 of the Florida Statutes and did engage in a pattern of criminal activity consi...
541 So. 2d 1324, 1989 WL 36170
District Court of Appeal of Florida | Filed: Apr 18, 1989 | Docket: 470681
Cited 4 times | Published
...For the following reasons, we reverse the trial court's order. BIV filed a four-count verified complaint against the Mederoses and other defendants not parties to this appeal. The bank alleged common law fraud, conspiracy, debt, and criminal enterprise in violation of section 895.03(3) of the Florida Racketeer Influenced and Corrupt Organizations (RICO) Act....
...n may be issued in any such action before a final determination on the merits. Section 895.05(1) provides, in relevant part: Any circuit court may, after making due provision for the rights of innocent persons, enjoin violations of the provisions of s. 895.03 by issuing appropriate orders and judgments......
...tatute. I disagree with the majority's premise. The majority's assertion that section 895.05(1) refers only to permanent injunctions is incorrect. Section 895.05(1) sets forth a nonexclusive list of orders the court may issue to enjoin violations of section 895.03. *1328 It states that the court may enjoin violations under 895.03 by issuing appropriate orders and judgments, including but not limited to the orders enumerated in sections 895.05(1)(a)-(e)....
...The trial court placed Banco in an intolerable and even stultifying position. On one hand, the court ruled that Banco was not entitled to the injunction because Banco had not traced the funds, see Shouten v. Utah Int'l, Inc., 515 So.2d 366 (Fla. 4th DCA 1987); § 895.03, Fla....
...At that hearing, the trial court should consider all factors pertinent to the issuance of a temporary injunction; the showing required by the majority is dangerously inadequate. Pending the outcome of the evidentiary hearing, I would maintain the temporary injunction. See DeLisi, 401 So.2d at 925. NOTES [1] Section 895.03(3), Florida Statutes (1985), provides that [i]t 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....
910 So. 2d 894, 2005 WL 2105940
District Court of Appeal of Florida | Filed: Sep 2, 2005 | Docket: 824310
Cited 3 times | Published
...the written judgment. The judgment erroneously cites to section 893.135(5), Florida Statutes, when the correct statutory citation for the offense of a violation of the Racketeer Influenced Corruption Organization Act as charged against appellant is section 895.03, Florida Statutes (2002)....
553 So. 2d 187, 1989 WL 113242
District Court of Appeal of Florida | Filed: Nov 21, 1989 | Docket: 1675335
Cited 3 times | Published
...As the result of a criminal investigation into football betting in the Pensacola area, Frederick Aldine Baird, Jr., was charged in numerous counts with racketeering and bookmaking. He was tried by jury and adjudged guilty on three counts of racketeering in violation of section 895.03(4), Florida Statutes....
...We agree, and delete the certified question from the opinion. In all other respects the state's motion for rehearing is DENIED. WENTWORTH and SMITH, JJ., concur. NOTES [1] The written judgment shows an adjudication of guilt on three counts of racketeering in violation of section 895.03, while the jury verdict and oral pronouncement by the trial judge indicate that the second count was an adjudication of guilt for conspiracy to commit racketeering in violation of section 895.03(4).
558 So. 2d 142, 1990 WL 26650
District Court of Appeal of Florida | Filed: Mar 13, 1990 | Docket: 1363098
Cited 3 times | Published
...Butterworth, Atty. Gen., and Jorge Espinosa, Asst. Atty. Gen., for appellee. Before SCHWARTZ, C.J., and GERSTEN and GODERICH, JJ. PER CURIAM. Defendant appeals his conviction under the Florida Racketeer Influenced and Corrupt Organization Act (RICO), Section 895.03, Florida Statutes (1987)....
...teering activity. At trial, the defendant was acquitted of the charges arising from the November 25, 1987 incident, but found guilty of the charges arising from the December 10, 1987 incident. In addition, the defendant was found guilty of violating section 895.03....
...The State, however, contends that a defendant may be convicted under the Florida RICO statute, if the State proves that 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 intent...
711 So. 2d 1197, 1998 WL 210954
District Court of Appeal of Florida | Filed: Apr 27, 1998 | Docket: 1700430
Cited 3 times | Published
...Lane of Masselli & Lane, P.C., Arlington, VA, for Appellant. Robert A. Butterworth, Attorney General, Tallahassee, and Ann Pfeiffer Corcoran, Assistant Attorney General, Tampa, for Appellee. PATTERSON, Acting Chief Judge. Charles Amos appeals from his convictions of one count of racketeering under section 895.03, Florida Statutes (1985) ("Florida RICO (Racketeer Influenced and Corrupt Organization) Act"), seven counts of first-degree grand theft, three counts of second-degree grand theft, and one count of third-degree grand theft, all under section 812.014, Florida Statutes (1985)....
661 So. 2d 901, 1995 WL 599987
District Court of Appeal of Florida | Filed: Oct 13, 1995 | Docket: 1163014
Cited 2 times | Published
..., pursuant to Section 895.05(2), Florida Statutes; 3. Enter a money judgment against Defendants for monies received by them which were used in the course of, intended for use in the course of, derived from or realized through conduct in violation of Section 895.03, Florida Statutes; 4....
...The issue in these appeals is whether Polk County Circuit Court had subject matter jurisdiction over the forfeiture matter. This is a question of first impression for a Florida appellate court. Chapter 895 of Florida Statutes addresses offenses concerning racketeering and illegal debts. Section 895.03, Florida Statutes (1989), sets forth prohibited activities under the Florida RICO Act. Section 895.05, Florida Statutes (1989), delineates the following civil remedies under the Florida RICO Act: (1) Any circuit court may, after making due provision for the rights of innocent persons, enjoin violations of the provisions of s. 895.03 by issuing appropriate orders and judgments, including, but not limited to: (a) Ordering any defendant to divest himself of any interest in any enterprise, including real property....
...(b) Imposing reasonable restrictions upon the future activities or investments of any defendant, including, but not limited to, prohibiting any defendant from engaging in the same type of endeavor as the enterprise in which he was engaged in violation of the provisions of s. 895.03....
...corporation to conduct business within the state, upon finding that the board of directors or a managerial agent acting on behalf of the corporation, in conducting the affairs of the corporation, has authorized or engaged in conduct in violation of s. 895.03 and that, for the prevention of future criminal activity, the public interest requires the charter of the corporation forfeited and the corporation dissolved or the certificate revoked....
617 So. 2d 1144, 1993 WL 152381
District Court of Appeal of Florida | Filed: May 13, 1993 | Docket: 457934
Cited 2 times | Published
...District Court of Appeal of Florida, First District. May 13, 1993. *1145 Clyde M. Collins, Jr., Jacksonville, for appellant. Robert A. Butterworth, Atty. Gen., and Edward C. Hill, Jr., Asst. Atty. Gen., Tallahassee, for appellee. ZEHMER, Judge. Deborah Harvey appeals her conviction of violating section 895.03, Florida Statutes (1987), Florida's Racketeer Influenced and Corrupt Organization (RICO) Act....
...ts as to the predicate grand theft counts alleged in the information require reversal of the racketeering count. Finding no merit to either point, we affirm. The state's three-count amended information alleges in the first count that Harvey violated section 895.03(4), Florida Statutes, beginning on March 31, 1989, and continuing through August 9, 1989, by: being associated, to-wit: the President and one of the Directors, with an enterprise, to-wit: Foundation for Children with Spina Bifida, Inc....
576 So. 2d 870, 1991 WL 35356
District Court of Appeal of Florida | Filed: Mar 19, 1991 | Docket: 1242809
Cited 2 times | Published
...trust and an accounting. The amended complaint restated the quasi in rem count requesting attachment of the condominium unit. BIV asserted that the condominium unit had been purchased with monies illegally obtained in violation of the RICO Act. [2] § 895.03(1), Fla....
...[3] The injunction was granted as to both appellant and Carlos, but its propriety only as to appellant is the subject of this appeal. [4] § 895.05. Civil remedies (1) Any circuit court may, after making due provision for the rights of innocent persons, enjoin violations of the provisions of s. 895.03 by issuing appropriate orders ......
34 So. 3d 44, 2010 Fla. App. LEXIS 2950, 2010 WL 785813
District Court of Appeal of Florida | Filed: Mar 10, 2010 | Docket: 1641486
Cited 2 times | Published
...f them had the same or similar intents, results, accomplices, victims, or methods of commission or were interrelated by distinguishing characteristics and were not isolated incidents. See Fla. Std. Jury Instr. (Crim.) 26.7 (emphasis added); see also § 895.03(3), Fla....
...d intent that other members of the conspiracy would engage in at least two incidents of racketeering, as alleged in the information, *48 as part of a pattern of racketeering activity. See Fla. Std. Jury Instr. (Crim.) 26.8 (emphasis added); see also § 895.03(4), Fla. Stat. (2004) ("It is unlawful for any person to conspire or endeavor to violate any of the provisions of ... [§ 895.03(3)].")....
564 So. 2d 595, 1990 WL 105504
District Court of Appeal of Florida | Filed: Jul 27, 1990 | Docket: 1294535
Cited 2 times | Published
...The state charged the defendant with robbery of a number of convenience stores and fast food restaurants during January and February 1987. He was tried by jury and convicted of one count of RICO (Racketeer Influenced and Corrupt Organization Act), section 895.03(3), Florida Statutes (1985), and twelve counts of robbery with a deadly weapon, violations of section 812.13(2), Florida Statutes (1985)....
539 So. 2d 491, 1989 WL 3270
District Court of Appeal of Florida | Filed: Jan 18, 1989 | Docket: 1511003
Cited 2 times | Published
...Atty. Gen., Tampa, for appellee. HALL, Judge. Donald Jackson appeals from his judgment and sentences for ten counts of robbery, two counts of grand theft, and one count of violating the Florida RICO (Racketeer Influenced and Corrupt Organization) Act, section 895.03, Florida Statutes (1985)....
539 So. 2d 499, 1989 WL 12440
District Court of Appeal of Florida | Filed: Feb 15, 1989 | Docket: 1511011
Cited 2 times | Published
...ons insofar as the Act *500 applies to the appellants herein. We therefore affirm. Appellants, Douglas Bernard Vickery and Joseph Nunnari, were involved in a football-betting operation, and were subsequently charged with racketeering in violation of Section 895.03(2), Florida Statutes, [2] a first degree felony....
...elegating basic policy decisions, absent ascertainable standards, to the prosecutor, giving him the unbridled discretion to pursue either a misdemeanor conviction under section 849.14 for each separate gambling incident, or a felony conviction under section 895.03 for the entire gambling episode....
...able to Florida's RICO Act; therefore, no proportionality problem arises under Solem. Thus, we reject appellants' eighth amendment challenge. AFFIRMED. WENTWORTH and ZEHMER, JJ., concur. NOTES [1] Sections 895.01-895.06, Florida Statutes (1985). [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....
570 So. 2d 952, 1990 WL 40327
District Court of Appeal of Florida | Filed: Dec 4, 1990 | Docket: 1349653
Cited 2 times | Published
...I On January 22, 1988, the state attorney filed an information which charged the defendants Dean Kevin Lucas, Martin Geller, Leslee Schwinger Geller, and Daniel Lynch in two counts [1] with: (1) violation of the Florida RICO (Racketeer Influenced and Corrupt Organization) Act [§ 895.03(3), Fla. Stat. (1985)], and (2) conspiracy to violate the Florida RICO Act [§ 895.03(4), Fla....
...The defendants moved to dismiss the two RICO counts in the information on the ground that these counts failed to allege "a pattern of racketeering activity," an essential element of the charged RICO violations. The trial court agreed and dismissed the two RICO counts. This appeal follows. II Section 895.03, Florida Statutes (1985), the RICO statute which the defendants were charged with violating, provides in relevant part: "(3) It is unlawful for any person employed by, or associated with, any enterprise to conduct or participate, direc...
566 So. 2d 868, 1990 WL 127986
District Court of Appeal of Florida | Filed: Sep 7, 1990 | Docket: 1529165
Cited 1 times | Published
...Gen., Tallahassee, and William I. Munsey, Jr., Asst. Atty. Gen., Tampa, for appellee. SCHEB, Acting Chief Judge. The defendant, Aaron Flanagan, challenges his conviction of one count of violating the Racketeer Influenced and Corrupt Organization Act (RICO), section 895.03(3), Florida Statutes (1985), and eleven counts of dealing in stolen property, section 812.019, Florida Statutes (1985)....
...ictly construed in order to insure that criminal organizations, which are RICO's target, are distinguished from individuals who merely associate for the commission of crime. Atlas Pile Driving Co. v. DiCon Fin. Co., 886 F.2d 986, 996 (8th Cir.1989). Section 895.03(3) makes it unlawful for any person to conduct, participate in, or associate with an enterprise through a pattern of racketeering....
561 So. 2d 1251, 1990 WL 66196
District Court of Appeal of Florida | Filed: May 18, 1990 | Docket: 1480225
Cited 1 times | Published
...Public Defender, Bartow, for appellant. Robert A. Butterworth, Atty. Gen., Tallahassee, and Candance M. Sunderland, Asst. Atty. Gen., Tampa, for appellee. THREADGILL, Judge. Robert L. Craver was tried by a jury and convicted of one count of racketeering in *1252 violation of section 895.03(3), Florida Statutes (1985), and nine counts of obtaining property in return for worthless checks, in violation of section 832.05(4), Florida Statutes (Supp....
...n return for more than two worthless checks. There was no evidence at trial that the appellant was employed by or associated with a separate enterprise. Under these circumstances, the appellant cannot be prosecuted or convicted of racketeering under section 895.03(3)....
522 So. 2d 474, 1988 WL 21664
District Court of Appeal of Florida | Filed: Mar 17, 1988 | Docket: 1191284
Cited 1 times | Published
...Bowness Oil, Inc., 522 So.2d 73 (Fla. 5th DCA 1988). The one difference is that in this case, unlike Bowness, the State added a count charging the defendants with engaging in a pattern of racketeering activity, thus violating the Florida RICO Act, section 895.03(3), Florida Statutes (1985)....
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
through a pattern of racketeering activity. See § 895.03(3), Fla. Stat. (2007). A “pattern of racketeering
586 So. 2d 385, 1991 WL 148349
District Court of Appeal of Florida | Filed: Aug 8, 1991 | Docket: 1487824
Cited 1 times | Published
...Hyman of NeJame & Hyman, P.A., Orlando, for appellant. Robert A. Butterworth, Atty. Gen., Tallahassee, and Belle B. Turner, Asst. Atty. Gen., Daytona Beach, for appellee. COWART, Judge. This case involves the inter-relationship of section 687.071(3), Florida Statutes, of the usury statute and section 895.03(3), Florida Statutes, of the Florida Racketeer Influenced and Corrupt Organization (RICO) Act; problems in pleading violations of those statutes; the scope of a search warrant and the scope of a search pursuant to a search warrant....
...d on the usurious loans set forth in paragraphs (1)(a), (2)(a), (3)(a), (4) and (5) but the State repackaged the facts into an additional five criminal charges being four (Counts 1, 3, 5 and 7) first degree felony charges under the Florida RICO Act, section 895.03(3), Florida Statutes, and (Count 10) one second degree felony charge of transporting a monetary instrument or funds with the intent to carry on a specific unlawful activity in violation of section 896.101(2)(b)1., Florida Statutes. (3) CONVICTIONS: The defendant was convicted only of Count 1 (Racketeering by engaging in a pattern of racketeering activity, section 895.03(3)); Count 4 "loan sharking" (section 687.071(3), Florida Statutes) (relating to the $13,000 (or $15,000 or $17,000) loan to Bigloo [paragraph (2)(a) above]); Count 5 Racketeering by collection of an unlawful debt (relating to the $500...
...h (2)(a) above. Count 8 charges the defendant with the violation of the usury statute (section 687.071(3), Florida Statutes) as to the loan described in paragraph (4) above. Count 1, in effect, charges the defendant with a violation of the RICO Act (section 895.03(3), Florida Statutes) by participating in an "enterprise" in a pattern of racketeering activity by engaging in two of five enumerated incidents of racketeering conduct, the five enumerated instances alleged being violations of the usur...
...(4)(b) AS TO COUNT 5 Generally criminal acts, prohibited by the Florida RICO Act (Chapter 895, Florida Statutes), require "racketeering activity" (or predicate crimes), [4] an "enterprise" [5] and a "pattern of racketeering activity." [6] However, section 895.03(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 "unlawf...
...Statutes, relating to interest and usury. In summary, the usury statutes (sections 687.071(2) and (3), Florida Statutes), make it a crime to willfully and knowingly "charge, take or receive" interest *390 in excess of a specified rate. The RICO Act (section 895.03(3)) makes it illegal for a person to participate through an enterprise in a pattern of racketeering activity which includes the crime of usury under Chapter 687. Section 895.03(3) of the RICO Act also makes it a crime for a person to participate through any enterprise to collect certain unlawful debts which include a debt contracted in violation of the usury statute....
...and that a contract for such interest is a legally unenforceable debt. For a discussion of the differences between civil and criminal usury, see, generally, Rollins v. Odom, 519 So.2d 652 (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....
...includes a debt for interest legally unenforceable under section 687.04 because it is in excess of 18% provided in section 687.03; whereas "receiving" usurious interest exceeding 25% but not 45% is but a second degree misdemeanor under section 687.071(2). Section 895.03(3) requires that the defendant be employed by, or associated with, an enterprise when collecting the unlawful debt but *391 this element does not make an adequate substantive distinction between a criminal "collection" of illegal debt under section 895.03(3) and a criminal "receiving" of usurious interest under section 687.071(2) and (3) because a defendant so employed or associated with an enterprise receiving usurious interest would also be guilty of a violation of section 687.071(2) or (3)....
...ingful definitional difference between the crime of "receiving" usurious interest under the criminal usury statute (section 687.071(2) and (3)) and the crime of "collection" of usurious interest (an unlawful or unenforceable debt under the RICO Act (section 895.03(3)) leads to the conclusion that by the enactment of section 895.03(3) relating to the collection of an unlawful debt, the legislature did not intend to create a distinct and new substantive crime punishable separate, apart and in addition to, the punishment for the preexisting crime of "receiving" usurious interest in violation of the usury statutes sections 687.071(2) and (3)....
...on were ineffective; (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....
...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....
....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)....
254 So. 3d 477
District Court of Appeal of Florida | Filed: Sep 5, 2018 | Docket: 7804322
Published
enterprise through a pattern of racketeering activity. § 895.03(3), Fla. Stat. A “pattern of racketeering activity”
23 So. 3d 1206, 2009 Fla. App. LEXIS 15777, 2009 WL 3364876
District Court of Appeal of Florida | Filed: Oct 21, 2009 | Docket: 1236183
Published
...Bill McCollum, Attorney General, Tallahassee, and Timothy A. Freeland, Assistant Attorney General, Tampa, for Appellee. ALTENBERND, Judge. Eric Santiago appeals his judgments of conviction for racketeering and conspiracy to commit racketeering in violation of the Florida RICO Act. See § 895.03(3), (4), Fla....
208 So. 3d 158, 2016 Fla. App. LEXIS 15339
District Court of Appeal of Florida | Filed: Oct 14, 2016 | Docket: 4481309
Published
subsection (1), subsection (2), or subsection (3). § 895.03, Fla. Stat. This language does not express the
District Court of Appeal of Florida | Filed: Nov 13, 2024 | Docket: 69369590
Published
including one count of racketeering under section 895.03(3), Florida Statutes (2021), Florida’s Racketeer
District Court of Appeal of Florida | Filed: Nov 1, 2019 | Docket: 16417126
Published
Influenced and Corrupt Organizations Act (RICO)? § 895.03(3), Fla. Stat. (prohibiting “any person employed
427 So. 2d 371, 1983 Fla. App. LEXIS 18741
District Court of Appeal of Florida | Filed: Mar 4, 1983 | Docket: 64595309
Published
of section 849.25 and one count of violating section 895.03, Florida Statutes (1981). The trial court held
Court of Appeals for the Eleventh Circuit | Filed: Jun 21, 2021 | Docket: 60000768
Published
deaths that happen outside of the state. 2 Id. § 895.03; see also 2 Wisconsin’s wrongful
Florida Attorney General Reports | Filed: Jun 14, 1999 | Docket: 3256752
Published
of a criminal racketeering prosecution under section 895.03, Florida Statutes, provided all the other elements
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
...Knox in Miami, Florida;
giving perjured testimony in connection with “a civil court proceeding in
Miami”; and
3
tampering with “potential witnesses in Miami.”
The complaint asserts five causes of action. Count I seeks relief under
section 895.03 of the Florida Statutes (Florida’s RICO statute); Count II seeks
relief under section 895.03(4) (for RICO conspiracy); Count III claims intentional
infliction of severe emotional distress; Count IV claims defamation; and Count V
claims a conspiracy....
... Counts III and IV, the established jurisdictional facts are insufficient to bring this
action within the ambit of the long-arm statute.
The same result obtains for the remaining three counts of the complaint—
Count I claiming violation of section 895.03(1), (2), and (3) of the Florida
Statutes—Florida’s RICO act7; Count II claiming violation of section 895.03(4) of
world, at any time, to engage in any plan, scheme, or action to defame
or threaten Plaintiffs through websites, internet blogs, or the posting
of comments on such websites or internet blogs or otherwise.
7 See de la Osa v. State, 158 So. 3d 712, 721-22 (Fla. 4th DCA 2015), which
explains:
Section 895.03(3), Florida Statutes (2003), the substantive RICO
charge ....
...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...
...(2003).
The statute implicated in [a] conspiracy to commit RICO charge . .
. provides:
(4) It is unlawful for any person to conspire or endeavor
to violate any of the provisions of ... subsection (3).
§ 895.03(4), Fla....
...property from one
or more persons by false or fraudulent pretenses,
representations, or promises or willful misrepresentations
of a future act.” § 817.034(3)(d), Fla. Stat. (2003).
(Footnote omitted).
8See § 895.03(4), Fla. Stat. (2014) (making it illegal to conspire to violate sections
895.03(1), (2), or (3)).
10
existence of a conspiracy.9, 10 These three counts rely on the same factual
predicate claiming that the Barbados defendants engaged in a conspiracy and a
pattern of racketeering by:
a....
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
...He appeals.
The purpose of the Florida RICO statute is to punish those who engage
in a pattern of criminal activity more severely than those who commit only
unrelated predicate offenses. Carroll v. State, 459 So. 2d 368, 370 (Fla.
5th DCA 1984). Pursuant to the Florida RICO statute, section 895.03(3),
Florida Statutes (2007):
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....
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
...unt to
192 months in prison, followed by two years of community control,
followed by ten years of probation, with all sentences to run concurrently.
-9-
The Statutory Provisions at Issue
Section 895.03(3), Florida Statutes (2003), the substantive RICO
charge in Count I, 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...
...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. Stat. (2003).
- 10 -
§ 895.03(4), Fla....
...committing two or more predicate crimes. Id. The type of conspiracy in
this case fell under RICO’s broad definition of an “enterprise.”
To say that there was a RICO “enterprise” does not end the inquiry. To
prove a substantive racketeering charge under section 895.03(3), the State
must prove the defendant’s “(1) conduct or participation in an enterprise[]
through (2) a pattern of racketeering activity.” Doorbal v....
...ssion. Boyd v. State, 389 So. 2d
642, 648 (Fla. 2d DCA 1980). Because the definition of “racketeering
activity” in section 892.02(1) includes “conspir[ing] to commit” enumerated
crimes, the State can establish a substantive RICO charge under section
895.03(3) “by proving that defendants conspired to commit predicate acts
of racketeering activity.” State v....
446 So. 2d 87, 1984 Fla. LEXIS 2621
Supreme Court of Florida | Filed: Feb 16, 1984 | Docket: 64603250
Published
1983 Levenstein pleaded guilty to violating section 895.03, Florida Statutes (1983), by transporting large
Supreme Court of Florida | Filed: Dec 19, 2019 | Docket: 16761655
Published
updated to reflect the offense charged under section 895.03(2), Florida Statutes (2019), to provide “RICO—
841 So. 2d 646, 2003 WL 1786223
District Court of Appeal of Florida | Filed: Apr 4, 2003 | Docket: 1656629
Published
...ry hearing or to attach excerpts from the record conclusively demonstrating that Mr. Ellington is entitled to no relief. Mr. Ellington was convicted of two counts of racketeering and one count of conspiracy to commit racketeering in contravention of section 895.03(3), (4), Florida Statutes, [1] together with numerous counts of grand theft and collecting an advance fee from a borrower to provide services as a loan broker....
District Court of Appeal of Florida | Filed: Apr 3, 2024 | Docket: 68307144
Published
commit racketeering, in violation of section 895.03(1) and/or (4), Florida Statutes (2022)
217 So. 3d 103, 2017 Fla. App. LEXIS 5366
District Court of Appeal of Florida | Filed: Apr 19, 2017 | Docket: 60265608
Published
activity or the collection of an unlawful debt.” § 895.03(3), Fla. Stat. (2008). A “pattern of racketeering
