The 2023 Florida Statutes
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In Disdier's case the RICO conspiracy and the drug trafficking conspiracy are different crimes and require proof of different elements. See Fla. Stat. §§ 893.135(1)(c), 895.03(4). See also Doc. 16, Ex. 7, Vol. IV at 586-96. Consequently, Disdier's double jeopardy claim fails because the charges are not the “same offense” under Blockburger. Williams, 78 F.3d at 1513. Disdier cannot satisfy Martinez to overcome the default of this ground because the ground is not “substantial.” He cannot meet the “fundamental miscarriage of justice” exception because he presents no “new reliable evidence” that he is actually innocent. Schlup, 513 U.S. at 327. Because Disdier satisfies neither exception to procedural default, ground nine is procedurally barred from federal review.
In a case arising from the laundering of alligator eggs, Robert Thomas Beasley appeals his judgment and sentences for conspiracy to commit racketeering in violation of section 895.03( 4), Florida Statutes (2016) (count one), a first-degree felony, and two counts of intentionally possessing or capturing alligators or alligator eggs in violation of section 379.409, Florida Statutes (2016) (counts two and seven), a third-degree felony. The jury found Beasley not guilty of counts three through six that also alleged violations of section 379.409. Beasley contends that the trial court erred (1) by denying his motion for judgment of acquittal on the conspiracy charge, (2) in instructing the jury on section 379.409, (3) by denying his motion for judgment of acquittal on the section 379.409 violations because section 379.3751 preempts section 379.409, and (4) by rejecting his argument that section 379.409 is unconstitutional as an improper delegation of legislative authority to define crimes. Because Beasley has not shown reversible error, we affirm his convictions. On cross-appeal, the State contends that the trial court erred in imposing a downward departure sentence because…
(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;
The petitioners, a group of foreign companies in the oil and gas industry—including Petro Welt Ges.m.b.H, Petro Welt Technologies AG, Trading House KAToil LLC, KATKoneft LLC, KATOBNEFT LLC, and KAToil-Drilling LLC (collectively Petro Welt)—are the plaintiffs in a pending action for fraud, unjust enrichment, conversion, civil theft, fraudulent transfer, and violations of sections 772.103 and 895.03, Florida Statutes, brought against an individual (Brinkmann) who is alleged to have embezzled and laundered the assets of the foreign companies through an LLC, Majab, through land purchases in Collier County in conjunction with other individuals in Europe.
Zeno was convicted of conspiring to commit RICO under sections 895.03(3) and 777.04(3)-(4), Florida Statutes (2001), as opposed to section 895.03(4). See § 895.03(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."); § 777.04(3) ("A person who agrees, conspires, combines, or confederates with another person or persons to commit any offense commits the offense of criminal conspiracy, ranked for purposes of sentencing as provided in [section 777.04(4)]."); see also § 895.03(4) ("It is unlawful for any person to conspire or endeavor to violate any of the provisions of [section 895.03(1)-(3)].").
Zeno was convicted of conspiring to commit RICO under sections 895.03(3) and 777.04(3) –(4), Florida Statutes (2001), as opposed to section 895.03(4). See § 895.03(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."); § 777.04(3) ("A person who agrees, conspires, combines, or confederates with another person or persons to commit any offense commits the offense of criminal conspiracy, ranked for purposes of sentencing as provided in [section 777.04(4) ]."); see also § 895.03(4) ("It is unlawful for any person to conspire or endeavor to violate any of the provisions of [section 895.03(1) –(3) ].").
Florida Stat. 895.03 and Florida Stat. 772.103 are both interpreted in accordance with federal RICO law. See Jackson v. BellSouth Telecomms. , 372 F.3d 1250, 1264 (11th Cir. 2004) ("[T]he analysis we apply to the plaintiffs’ federal RICO claims is equally applicable to their state RICO claims."); see also Johnson Enters. of Jacksonville v. FPL Grp. , 162 F.3d 1290, 1302 n.18 (11th Cir. 1998) (noting that the Florida RICO statute "basically tracks" the "key provisions" of the federal RICO statute).
Even if Keppel had requested injunctive relief, his Florida criminal RICO claim would also fail. Section 895.05(6) permits an injured party to bring a suit pursuant to section 895.05(1), which in turn permits injunctions of violations of provisions of section 895.03 of the Florida Statutes. Section 895.03 prohibits employees or associates of an enterprise to conduct the enterprise through a pattern of racketeering activity. Keppel alleges that the Defendants engaged in racketeering activity under section 895.O2(8)(b), (Doc. 15 at ¶ 40), which defines racketeering activity as conduct defined as "racketeering activity" under 18 U.S.C. § 1961(1). As discussed above, Keppel does not sufficiently allege any predicate acts under § 1961(1). Further, "Florida's RICO statutes have consistently been interpreted using federal RICO claims cases." All Care Nursing Serv., Inc. v. High Tech Stuffing Servs., Inc., 135 F.3d 740, 745 (11th Cir. 1998). The federal standard for showing a pattern of racketeering-namely, through showing continuity-has been expressly relied on in Florida courts applying the Florida criminal RICO statute. See State v. Lucas, 600 So.2d 1093, 1094 (Fla…
Count Three alleges a violation of Florida Statutes § 895.01 et seq. Fla. Stat. § 895.03(3) provides in pertinent part:
On August 14, 2015, Nunnally was indited for First Degree Premeditated Murder-a capital felony-in Okaloosa County Circuit Court No. 2015-CF-1608. (Doc. 8, Ex. A1 at 7, lines 17-18; see also Fla. Stat. §§ 782.04(1)(a)1. and 775.082)). On August 21, 2015, Nunnally was charged by information with one count of Racketeering and one count of Conspiracy to Commit Racketeering-both first degree felonies-in Okaloosa County Circuit Court No. 2015-CF-1609. (Ex. A-2 at 5, lines 17-20; see also Fla. Stat. §§ 895.03 and 895.04(1)).
. . . causation. 4.6 Wrongful Death Plaintiffs’ wrongful death claim is made pursuant to Wisconsin Statute § 895.03 . . . Stat. § 895.03. . . .
. . . .” § 895.03(3), Fla. Stat. (2008). . . . So, to convict a defendant of racketeering under section 895.03(3), Florida Statutes, the State must . . .
. . . See § 895.03(3), Fla. Stat. (2007). . . .
. . . . § 895.03, Fla. Stat. . . . Legislature intended to remove knowledge or mens rea as an element of the offense outlined in section 895.03 . . . ORFINGER and EDWARDS, JJ., concur. . § 895.03(3), Fla. Stat. (2013). . § 849.091(1), Fla. . . .
. . . See §§ 895.02(4), 895.03(3), Fla. . . .
. . . . §§ 812.014(2), 895.03(4), . 895.04(1), 775.082(3)(b), Fla. Stat. (2009). . . .
. . . Pursuant to the Florida RICO statute, section 895.03(3), Florida Statutes (2007): It is unlawful for . . .
. . . 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 . . . State, 158 So.3d 712, 721-22 (Fla. 4th DCA 2015), which explains: Section 895.03(3), Florida Statutes . . . See § 895.03(4), Fla. . . . Stat. (2014) (making it illegal to conspire to violate sections 895.03(1), (2), or (3)). . . . .
. . . The Statutory Provisions at Issue Section 895.03(3), Florida Statutes (2003), the substantive RICO charge . . . Section 895.02, Florida Statutes (2003), defines the terms contained in section 895.03(3) and (4): • . . . unlawful for any person to conspire or endeavor to violate any of the provisions of ... subsection (3). § 895.03 . . . To prove a substantive racketeering charge under section 895.03(3), the State must prove the defendant . . . con-spirting] to commit” enumerated crimes, the State can establish a substantive RICO charge under section 895.03 . . .
. . . Erika Reyan was charged by Information with a single count of racketeering in violation of section 895.03 . . . directly or indirectly, in such enterprise through a pattern of racketeering activity, in violation of s. 895.03 . . . engaged in a conspiracy (together with uncharged co-conspirators) to commit RICO in violation of section 895.03 . . . THE RELEVANT STATUTORY PROVISIONS Sections 895.03(3) and (4), Florida Statutes (2003), referred to as . . . unlawfully and feloniously agree, conspire, combine, or confederate with each other... to violate Section 895.03 . . .
. . . . §§ 812.014(2), 895.03(4), 895.04(1), 775.082(3)(b), Fla. Stat. (2009). . . .
. . . Section 895.03(3), Florida Statutes, provides that "[i]t is unlawful for any person employed by, or associated . . .
. . . See §§ 895.02(1), 895.03(3), (4), 893.13(6)(a), Fla. Stat. (2008-09). We have jurisdiction. . . .
. . . State, 34 So.3d 44, 47-48 (Fla. 4th DCA 2010); see also § 895.03, Fla. Stat. (2008). . . .
. . . In count two of the information, Gau-treaux was charged with racketeering pursuant to section 895.03( . . . In count three, he was charged with conspiracy to commit racketeering pursuant to section 895.03(4), . . .
. . . . §§ 895.02(1), (3)-(4) and 895.03(3), Fla. Stat. (2008); State v. . . .
. . . Sanchez was charged with racketeering, § 895.03(3), Fla. . . . Stat. (2006), and conspiracy to commit racketeering, § 895.03(4). . . . To convict an accused of racketeering under section 895.03(3), the State must prove that he engaged in . . . See § 895.03; Mese, 824 So.2d at 911 n. 2; Di Sangro, 422 So.2d at 15; State v. . . . We now turn to Sanchez’s conviction for conspiracy to commit racketeering under section 895.03(4). . . .
. . . . §§ 895.03, 812.014. . . .
. . . . § 895.03; Johnson v. ABC Ins. Co., 193 Wis.2d 35, 532 N.W.2d 130, 133-34 (1995). . . . Stat. § 895.03; Schnabl v. Ford Motor Co., 54 Wis.2d 345, 195 N.W.2d 602, 607 (1972). . . .
. . . . § 895.03(3) (same); Fla. Stat. § 817.034(4)(a) (requiring a scheme to defraud). . . .
. . . . § 893.135(l)(b)(l)(c), (5); § 895.03(3), (4), Fla. Stat. (2005). . . .
. . . (Crim.) 26.7 (emphasis added); see also § 895.03(3), Fla. . . . (Crim.) 26.8 (emphasis added); see also § 895.03(4), Fla. . . . 2004) (“It is unlawful for any person to conspire or endeavor to violate any of the provisions of [§ 895.03 . . .
. . . See § 895.03(3), (4), Fla. Stat. (2006). We conclude Mr. . . .
. . . The state charged appellant with violating the racketeering statute, see § 895.03, Fla. . . .
. . . See Lugo, 845 So.2d at 97; see also § 895.03, Fla. . . .
. . . Section 895.03(3), Florida Statutes (2001) provides: “It is unlawful for any person employed by, or associated . . .
. . . . § 895.03(3), Fla. Stat. (2003). . § 817.568(2)(a), Fla. Stat. (2003). .§ 812.014(2)(c)l., Fla. . . .
. . . 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 . . . Racketeering The defendants were charged with violating section 895.03(3), Florida Statutes (2002) (the . . . defendants were also charged with conspiracy to commit racketeering, which is prohibited by section 895.03 . . .
. . . . §§ 895.03, 895.04(1). . . .
. . . intellectual property offenses, forgery, bribery, and unlawful compensation in violation of sections 895.03 . . .
. . . charged all defendants with racketeering and conspiracy to commit racketeering in violation of section 895.03 . . .
. . . Section 895.03(3), Florida Statutes (1997), provides: It is unlawful for any person employed by, or associated . . .
. . . violation of the Racketeer Influenced Corruption Organization Act as charged against appellant is section 895.03 . . .
. . . . §§ 895.03 and 895.04 for their loss of Alyssa’s society and companionship. . . .
. . . Pizzo with conspiracy to commit racketeering in violation of section 895.03, Florida Statutes (1997), . . . Pizzo with racketeering in violation of section 895.03(3), which provides, “It is unlawful for any person . . .
. . . is whether violations of Florida’s Racketeer Influenced and Corrupt Organization (RICO) statute, § 895.03 . . . Otte with racketeering and conspiracy to commit racketeering in violation of Florida’s RICO statute, § 895.03 . . . See § 895.03, Fla. Stat. (1999). . . .
. . . State, 845 So.2d 74, 96 n. 39 (Fla.2003) (“Flori-da['s] RICO statute, section 895.03, Florida Statutes . . .
. . . .” § 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 . . . Basing our decision on the clear language of section 895.03(3) and on a series of cases which construe . . . Section 895.03(3) is the counterpart to section 772.103(3), which provides for civil remedies for criminal . . .
. . . Section 895.03 of the Florida Statutes makes it unlawful for any person associated with any enterprise . . . or participate, directly or indirectly, in such an enterprise through a pattern of racketeering. § 895.03 . . .
. . . 895.08(3), Florida Statutes (1997), and conspiracy to commit racketeering in violation of subsection 895.03 . . . Under subsection 895.03(3), Florida Statutes, “It is unlawful for any person employed by, or associated . . . See § 895.03(4), Fla. Stat. (1997). . . .
. . . on RICO offenses 26.2 RICO — USE OR INVESTMENT OF PROCEEDS FROM PATTERN OF RACKETEERING ACTIVITY § 895.03 . . . 798 (Fla. 1st DCA 1983). 26.3 RICO — USE OR INVESTMENT OF PROCEEDS FROM COLLECTION OF UNLAWFUL DEBT § 895.03 . . . Fla. 1st DCA 1983). 26.4 RICO — ACQUISITION OR MAINTENANCE THROUGH PATTERN OF RACKETEERING ACTIVITY § 895.03 . . . 798 (Fla. 1st DCA 1983). 26.5 RICO — ACQUISITION OR MAINTENANCE THROUGH COLLECTION OF UNLAWFUL DEBT § 895.03 . . . 413 So.2d 798 (Fla. 1st DCA 1983). 26.8 CONSPIRACY TO ENGAGE IN PATTERN OF RACKETEERING ACTIVITY § 895.03 . . .
. . . counts of racketeering and one count of conspiracy to commit racketeering in contravention of section 895.03 . . .
. . . See § 895.03, Fla. Slat. (1995). . . . . See §§ 895.02-895.03, Fla. Stat. (1995). . . . The substantive Florida RICO statute, section 895.03, Florida Statutes (1993), is patterned after its . . . See § 895.03, Fla. Stat. (2001). . . . .
. . . . § 895.03(3). . . .
. . . evidence at trial to support Mese’s conviction for RICO conspiracy- Florida’s RICO statute, section 895.03 . . .
. . . participating in the affairs of an enterprise through a pattern of racketeering in violation of section 895.03 . . . in the affairs of an enterprise through a pattern of racketeering activity in violation of section 895.03 . . . It did not err in denying his motion for judgment of acquittal as to the section 895.03(3) and (4) counts . . .
. . . . §§ 895.03(3), 777.04(3), and 893.135(l)(a), Fla. Stat. (1999). . . . .
. . . . § 895.03(3), Fla. Stat. (1999). . § 796.05, Fla. Stat. (1999). . § 921.002, et seq., Fla. . . .
. . . warrant, the circuit court in Lee County found probable cause that there had been violations of sections 895.03 . . .
. . . Specifically, section 895.03(3), Florida Statutes (1993), makes it “unlawful for any person employed . . .
. . . . § 895.03(3), Florida Statutes. . . .
. . . Section 895.03(3), Florida Statutes (1993), provides: “It is unlawful for any person employed by, or . . .
. . . Stat. ch, 895.03(1), (2), (3), and (4) (1997). . . .
. . . the trial court dismissed count 2 on the basis this count did not specify which subsection of section 895.03 . . . 2 of the instant information alleged an enterprise and specifically tracked the language of section 895.03 . . .
. . . Charles Amos appeals from his convictions of one count of racketeering - under section 895.03, Florida . . .
. . . unlawfully conducting a business enterprise through a pattern of racketeering, in violation of sections 895.03 . . .
. . . . § 895.03(3), Fla. Stat (1987). . Robinson v. State, 373 So.2d 898 (Fla.1979). . . .
. . . The complaint sought relief under civil RICO based on alleged violations of section 895.03, Florida Statutes . . .
. . . . §§ 895.03(3), 895.02(3) and 895(4), Fla. Slat. (1995). . § 932.701-707, Fla. Slat. (1996). . U.S. . . .
. . . We affirm appellant’s convictions of one count of racketeering under section 895.03(3), Florida Statutes . . .
. . . Appellee was charged by information with one count of RICO in violation of section 895.03(3), Florida . . .
. . . of section 817.03(4)(a), Florida Statutes (1993); one count of racketeering, in violation of section 895.03 . . . state failed to plead a prima facie showing of the existence of an enterprise as required by section 895.03 . . . The Florida RICO (Florida Racketeer Influenced and Corrupt Organization) Act, at section 895.03(3), Florida . . .
. . . indictment or information under Chapters 812, 817, and 831, Florida Statutes and contrary to Florida Statute 895.03 . . . racketeering activity, within the meaning of Florida Statute 895.02(1) and contrary to Florida Statute 895.03 . . . while concealing their doings with forged and falsified documents, all contrary to Florida Statutes 895.03 . . . PETERSON, C.J., and COBB, J., concur. . § 895.03(3), Fla.Stat. . § 895.03(4), Fla.Stat. . § 817.036, . . .
. . . intended for use in the course of, derived from or realized through conduct in violation of Section 895.03 . . . Section 895.03, Florida Statutes (1989), sets forth prohibited activities under the Florida RICO Act. . . . making due provision for the rights of innocent persons, enjoin violations of the provisions of s. 895.03 . . . same type of endeavor as the enterprise in which he was engaged in violation of the provisions of s. 895.03 . . . conducting the affairs of the corporation, has authorized or engaged in conduct in violation of s. 895.03 . . .
. . . . § 895.03, Fla.Stat. (1991). . § 796.07(3), Fla.Stat. (1991). . § 796.07(2)(d), Fla.Stat. (1991). . . . .
. . . Schummer appeals his multiple convictions for two counts of violating the Florida RICO statute, sections 895.03 . . .
. . . ENTERPRISE Count fifty-nine of the information charged Brown with violating section 895.03(3), Florida . . .
. . . Clark was charged with violating sections 895.03(3) and (4), Florida Statutes (1991), of the Florida . . .
. . . of the intercepted communications, the State charged all of the appellees with violations of section 895.03 . . .
. . . See § 895.03(3) and (4), Fla.Stat. (1991). . . .
. . . Deborah Harvey appeals her conviction of violating section 895.03, Florida Statutes (1987), Florida’s . . . The state’s three-count amended information alleges in the first count that Harvey violated section 895.03 . . .
. . . The fifth count charged a violation of the Florida RICO Act, section 895.03, Florida Statutes (1987), . . . Section 895.03, Florida Statutes (1987), provides in part: (1) It is unlawful for any person who has . . .
. . . . § 895.03(3), one count of engaging in racketeering activity; § 895.03(4), one count of conspiracy to . . .
. . . Section 895.03, Florida Statutes (1985), under which the respondents were charged, states in pertinent . . .
. . . Section 895.03(3) provides that it is unlawful for any person employed by or associated with an enterprise . . .
. . . See §§ 895.03 & 895.02(3), Fla.Stat. (1987); and Boyd v. . . .
. . . The court adjudicated the defendant guilty and sentenced him as follows: One Count of Racketeering § 895.03 . . .
. . . Racketeering, § 895.03(3), Fla.Stat. (1987); Burglary, three (3) counts, § 810.02, Fla.Stat. (1987); . . .
. . . involves the inter-relationship of section 687.071(3), Florida Statutes, of the usury statute and section 895.03 . . . Count 1, in effect, charges the defendant with a violation of the RICO Act (section 895.03(3), Florida . . . However, section 895.03(3), Florida Statutes, in essence makes it unlawful for any person to conduct . . . Section 895.03(3), the basis for Count 5, makes it a first degree felony for a person employed by, or . . . Section 895.03(3) requires that the defendant be employed by, or associated with, an enterprise when . . .
. . . Terry Johnson (a codefendant not a party to this appeal) with: (I) violation of the RICO Act, section 895.03 . . .
. . . . § 895.03. . . .
. . . Howard, individually, was the “enterprise” for purposes of section 895.03(3), Fla. Stat. (1985). . . .
. . . . § 895.03(1), Fla.Stat. (1989). . . . making due provision for the rights of innocent persons, enjoin violations of the provisions of s. 895.03 . . .
. . . . § 895.03(3)-(4) (1989), respectively. . . .
. . . . § 895.03(3), Fla.Stat. (1985). . . . .
. . . statute does not invariably require that criminal conduct be conducted through an "enterprise,” see § 895.03 . . .
. . . After a jury trial, he was found guilty of three counts of racketeering in violation of section 895.03 . . .
. . . Four counts of racketeering (RICO), sections 895.02(3), 895.03(1), Florida Statutes (1987): 30 years . . . The heart of the RICO offense is contained in section 895.03, Florida Statutes (1987), and may be summarized . . . Section 895.03 does not make each incident of use or investment of proceeds of the same pattern of racketeering . . .
. . . .-02(4), 895.03, Fla.Stat. (1985). In a case somewhat analogous to this one, State v. . . .
. . . (1987) as reading: Any person who is injured by reason of any violation of the provision of Chapter 895.03 . . . and convincing evidence that it has been injured by reason of any violation of the provision of s. 895.03 . . .
. . . conviction of one count of violating the Racketeer Influenced and Corrupt Organization Act (RICO), section 895.03 . . .
. . . jury and convicted of one count of RICO (Racketeer Influenced and Corrupt Organization Act), section 895.03 . . .
. . . “Any person who is injured by reason of any violation of the provisions of s. 895.03 shall have a cause . . .
. . . Craver was tried by a jury and convicted of one count of racketeering in violation of section 895.03( . . . these circumstances, the appellant cannot be prosecuted or convicted of racketeering under section 895.03 . . .
. . . Count I of the information alleged a RICO violation pursuant to section 895.03(3), Florida Statutes; . . . at diverse times between said dates, in said County and State, did, in violation of Florida Statute 895.03 . . .
. . . counts with: (1) violation of the Florida RICO (Racketeer Influenced and Corrupt Organization) Act [§ 895.03 . . . Stat. (1985)], and (2) conspiracy to violate the Florida RICO Act [§ 895.03(4), Fla.Stat. (1985) ]. . . . II Section 895.03, Florida Statutes (1985), the RICO statute which the defendants were charged with violating . . .
. . . In addition, the defendant was found guilty of violating section 895.03. . . . Section 895.03, Florida Statutes (1987), requires that there be a “pattern of racketeering activity.” . . .