Florida Statutes

Fla. Stat. § 895.03 (2025)

Prohibited activities and defense.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

Find cases: SyfertCases citing this section FL-LEGleg.state.fl.us JustiaFla. Statutes CornellLII Search CasesGoogle Scholar

895.03 Prohibited activities and defense.—

(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 unlawful debt to use or invest, whether directly or indirectly, any part of such proceeds, or the proceeds derived from the investment or use thereof, in the acquisition of any title to, or any right, interest, or equity in, real property or in the establishment or operation of any enterprise.

(2) 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.

(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.

(4) It is unlawful for any person to conspire or endeavor to violate any of the provisions of subsection (1), subsection (2), or subsection (3).

History.—s. 3, ch. 77-334.

Note.—Former s. 943.462.

Arrestable Offenses under F.S. 895.03

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd

§895.03(1)PUBLIC ORDER CRIMESRENUMBERED. SEE REC # 10377F · 2nd

§895.03(1)PUBLIC ORDER CRIMESUSE INVEST PROCEEDS FROM RACKETEERING ACTIVITYF · 1st

§895.03(2)PUBLIC ORDER CRIMESRENUMBERED. SEE REC # 10378F · 2nd

§895.03(2)PUBLIC ORDER CRIMESACQUIRE/MAINTAIN RACKETEERING REAL PROPERTYF · 1st

§895.03(3)PUBLIC ORDER CRIMESRENUMBERED. SEE REC # 10379F · 2nd

§895.03(3)PUBLIC ORDER CRIMESCOND/PARTIC IN ENTERPRISE THRU RACKETEERINGF · 1st

§895.03(4)PUBLIC ORDER CRIMESCONSPIRACY USE INVEST PROCEEDS FROM RACKETEERF · 2nd

§895.03(4)PUBLIC ORDER CRIMESCONSPIRACY ACQ/MAINTAIN RACKETEER REAL PROPF · 2nd

§895.03(4)PUBLIC ORDER CRIMESCONSPIRACY PARTICIPATE ENTERPRISE RACKETEERINGF · 2nd

§895.03PUBLIC ORDER CRIMESREMOVEDF · 1st

Notes of Decisions

Cited in 124 cases (5 in the last 5 years), 1983–2026 · leading case: Stand. Jury Instructions in Crim. Cases-Submission 2002-1, 850 So. 2d 1272 (Fla. 2003).

Sort: Relevance Newest Treatment

Stand. Jury Instructions in Crim. Cases-Submission 2002-1, 850 So. 2d 1272 (Fla. 2003). · cites it 14× “2 RICO — USE OR INVESTMENT OF PROCEEDS FROM PATTERN OF RACKETEERING ACTIVITY § 895.03(1), Fla.Stat. To prove the crime 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: 1.”

Lugo v. State, 845 So. 2d 74 (Fla. 2003). · cites it 6× “[32] See § 895.03, Fla. Stat. (1995). [33] The State obtained an indictment against Lugo that included (1) charges previously made in an information concerning the abduction, extortion, and attempted murder of Schiller; (2) new charges concerning the Griga-Furton murders and…”

State v. Rubio, 967 So. 2d 768 (Fla. 2007). · cites it 8× “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.”

In Re Stan. Jury Instr. in Crim. Cases, 543 So. 2d 1205 (Fla. 1989). · cites it 7× “] 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…”

State v. Nishi, 521 So. 2d 252 (Fla. 3d DCA 1988). · cites it 12× “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.”

Bambu v. EI Dupont De Nemours & Co., Inc., 881 So. 2d 565 (Fla. 3d DCA 2004). · cites it 5× “" § 895.03(3), Fla. Stat. (1985). The issue before us is whether, within the meaning of section 895.”

Masonoff v. State, 546 So. 2d 72 (Fla. 2d DCA 1989). · cites it 15× “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.”

Polakoff v. State, 586 So. 2d 385 (Fla. 5th DCA 1991). · cites it 20× “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…”

Jackson v. State, 858 So. 2d 1211 (Fla. 3d DCA 2003). · cites it 8× “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.”

Doorbal v. State, 983 So. 2d 464 (Fla. 2008). · cites it 2× “2d at 97 ; see also § 895.03, Fla. Stat. (2006). To prove the element of "enterprise," the State must prove "(1) an ongoing organization, formal or informal, with a common purpose of engaging in a course of conduct, which (2) functions as a continuing unit.”

Black v. State, 819 So. 2d 208 (Fla. 1st DCA 2002). · cites it 5× “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…”

Joel De La Osa v. State, 158 So. 3d 712 (Fla. 4th DCA 2015). · cites it 7× “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 *722 or indirectly, in such…”

Show all 124 citing cases →

— 895.03(1) — 9 cases

Stand. Jury Instructions in Crim. Cases-Submission 2002-1, 850 So. 2d 1272 (Fla. 2003). “2 RICO — USE OR INVESTMENT OF PROCEEDS FROM PATTERN OF RACKETEERING ACTIVITY § 895.03(1), Fla.Stat. To prove the crime 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: 1.”

In Re Stan. Jury Instr. in Crim. Cases, 543 So. 2d 1205 (Fla. 1989). “] 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…”

Boyd v. State, 578 So. 2d 718 (Fla. 3d DCA 1991).

Banderas v. Banco Cent. Del Ecuador, 461 So. 2d 265 (Fla. 3d DCA 1985).

Rodriguez v. Banco Indus. De Venezuela, CA, 576 So. 2d 870 (Fla. 3d DCA 1991).

— 895.03(2) — 5 cases

Am. Credit Card Tel. Co. v. NAT. PAY TEL. CORP., 504 So. 2d 486 (Fla. 1st DCA 1987).

In Re: Stand. Jury Instructions in Crim. Cases - Report 2019-06 (Fla. 2019).

Vickery v. State, 539 So. 2d 499 (Fla. 1st DCA 1989).

— 895.03(3) — 69 cases

Bambu v. EI Dupont De Nemours & Co., Inc., 881 So. 2d 565 (Fla. 3d DCA 2004). “" § 895.03(3), Fla. Stat. (1985). The issue before us is whether, within the meaning of section 895.”

Masonoff v. State, 546 So. 2d 72 (Fla. 2d DCA 1989). “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.”

Polakoff v. State, 586 So. 2d 385 (Fla. 5th DCA 1991). “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…”

State v. Rubio, 967 So. 2d 768 (Fla. 2007). “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.”

— 895.03(4) — 19 cases

State v. Baird, 572 So. 2d 904 (Fla. 1990).

Jackson v. State, 858 So. 2d 1211 (Fla. 3d DCA 2003). “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.”

Black v. State, 819 So. 2d 208 (Fla. 1st DCA 2002). “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…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.