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Florida Statute 895.03 | Lawyer Caselaw & Research
F.S. 895.03 Case Law from Google Scholar
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The 2023 Florida Statutes

Title XLVI
CRIMES
Chapter 895
OFFENSES CONCERNING RACKETEERING AND ILLEGAL DEBTS
View Entire Chapter
F.S. 895.03
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.

F.S. 895.03 on Google Scholar

F.S. 895.03 on Casetext

Amendments to 895.03


Arrestable Offenses / Crimes under Fla. Stat. 895.03
Level: Degree
Misdemeanor/Felony: First/Second/Third

S895.03 - PUBLIC ORDER CRIMES - REMOVED - F: F
S895.03 1 - PUBLIC ORDER CRIMES - USE INVEST PROCEEDS FROM RACKETEERING ACTIVITY - F: F
S895.03 2 - PUBLIC ORDER CRIMES - ACCQUIRE/MAINTAIN RACKETEERING REAL PROPERTY - F: F
S895.03 3 - PUBLIC ORDER CRIMES - COND/PARTIC IN ENTERPRISE THRU RACKETEERING - F: F



Annotations, Discussions, Cases:

10 Cases from Casetext:Date Descending

U.S. Supreme Court11th Cir. - Ct. App.11th Cir. - MD FL11th Cir. - ND FL11th Cir. - SD FLFed. Reg.Secondary Sources - All
  1. 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.
    PAGE 28
  2. Beasley v. State

    355 So. 3d 505 (Fla. Dist. Ct. App. 2023)
    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. (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;
    PAGE 2
  4. Petro Welt Trading Ges.m.b.H v. Brinkmann

    336 So. 3d 881 (Fla. Dist. Ct. App. 2022)   Cited 1 times
    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.
    PAGE 882
  5. 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)].").
    PAGE 3
  6. Zeno v. State

    330 So. 3d 1048 (Fla. Dist. Ct. App. 2021)
    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) ].").
    PAGE 1050
  7. 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).
    PAGE 1266
  8. 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…
  9. Count Three alleges a violation of Florida Statutes § 895.01 et seq. Fla. Stat. § 895.03(3) provides in pertinent part:
  10. 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)).
    PAGE 3

    Cases from cite.case.law:

    CASTILLO, v. STATE, 254 So. 3d 477 (Fla. App. Ct. 2018)

    . . . . § 895.03(3), Fla. Stat. . . .

    ESTATE OF WILLIAMS, Jr. III, S. v. CITY OF MILWAUKEE,, 274 F. Supp. 3d 860 (E.D. Wis. 2017)

    . . . causation. 4.6 Wrongful Death Plaintiffs’ wrongful death claim is made pursuant to Wisconsin Statute § 895.03 . . . Stat. § 895.03. . . .

    GODINEZ, v. STATE, 217 So. 3d 103 (Fla. Dist. Ct. App. 2017)

    . . . .” § 895.03(3), Fla. Stat. (2008). . . . So, to convict a defendant of racketeering under section 895.03(3), Florida Statutes, the State must . . .

    CASTILLO, v. STATE, 213 So. 3d 930 (Fla. Dist. Ct. App. 2017)

    . . . See § 895.03(3), Fla. Stat. (2007). . . .

    MATHIS, v. STATE, 208 So. 3d 158 (Fla. Dist. Ct. App. 2016)

    . . . . § 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. . . .

    GODINEZ, v. STATE, 192 So. 3d 1289 (Fla. Dist. Ct. App. 2016)

    . . . See §§ 895.02(4), 895.03(3), Fla. . . .

    NOEL, v. STATE v., 191 So. 3d 370 (Fla. 2016)

    . . . . §§ 812.014(2), 895.03(4), . 895.04(1), 775.082(3)(b), Fla. Stat. (2009). . . .

    CASTILLO, v. STATE, 170 So. 3d 112 (Fla. Dist. Ct. App. 2015)

    . . . Pursuant to the Florida RICO statute, section 895.03(3), Florida Statutes (2007): It is unlawful for . . .

    KINGLAND ESTATES, LTD. v. DAVIS,, 170 So. 3d 825 (Fla. Dist. Ct. App. 2015)

    . . . 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)). . . . .

    DE LA OSA, v. STATE, 158 So. 3d 712 (Fla. Dist. Ct. App. 2015)

    . . . 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 . . .

    STATE v. REYAN,, 145 So. 3d 133 (Fla. Dist. Ct. App. 2014)

    . . . 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 . . .

    NOEL, v. STATE, 127 So. 3d 769 (Fla. Dist. Ct. App. 2013)

    . . . . §§ 812.014(2), 895.03(4), 895.04(1), 775.082(3)(b), Fla. Stat. (2009). . . .

    TEMPAY, INC. v. BILTRES STAFFING OF TAMPA BAY, LLC, a I. PFG a, 945 F. Supp. 2d 1331 (M.D. Fla. 2013)

    . . . Section 895.03(3), Florida Statutes, provides that "[i]t is unlawful for any person employed by, or associated . . .

    L. VASQUEZ, v. STATE, 111 So. 3d 273 (Fla. Dist. Ct. App. 2013)

    . . . See §§ 895.02(1), 895.03(3), (4), 893.13(6)(a), Fla. Stat. (2008-09). We have jurisdiction. . . .

    THOMAS, v. STATE, 125 So. 3d 874 (Fla. Dist. Ct. App. 2013)

    . . . State, 34 So.3d 44, 47-48 (Fla. 4th DCA 2010); see also § 895.03, Fla. Stat. (2008). . . .

    A. GAUTREAUX, v. STATE, 95 So. 3d 1012 (Fla. Dist. Ct. App. 2012)

    . . . 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), . . .

    J. CHAMBLEE, v. STATE, 93 So. 3d 1184 (Fla. Dist. Ct. App. 2012)

    . . . . §§ 895.02(1), (3)-(4) and 895.03(3), Fla. Stat. (2008); State v. . . .

    SANCHEZ, v. STATE, 89 So. 3d 912 (Fla. Dist. Ct. App. 2012)

    . . . 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). . . .

    BELLO, v. JOHNSON, a, 442 F. App'x 477 (11th Cir. 2011)

    . . . . §§ 895.03, 812.014. . . .

    GERMAINE, v. ST. GERMAIN,, 435 F. App'x 530 (7th Cir. 2011)

    . . . . § 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). . . .

    R. GRAY, v. NOVELL, INC. SCO X, 412 F. App'x 199 (11th Cir. 2011)

    . . . . § 895.03(3) (same); Fla. Stat. § 817.034(4)(a) (requiring a scheme to defraud). . . .

    NICHOLAS, v. STATE, 47 So. 3d 297 (Fla. Dist. Ct. App. 2010)

    . . . . § 893.135(l)(b)(l)(c), (5); § 895.03(3), (4), Fla. Stat. (2005). . . .

    VARGAS, v. STATE, 34 So. 3d 44 (Fla. Dist. Ct. App. 2010)

    . . . (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 . . .

    SANTIAGO, v. STATE, 23 So. 3d 1206 (Fla. Dist. Ct. App. 2009)

    . . . See § 895.03(3), (4), Fla. Stat. (2006). We conclude Mr. . . .

    BAKER, v. STATE, 990 So. 2d 1221 (Fla. Dist. Ct. App. 2008)

    . . . The state charged appellant with violating the racketeering statute, see § 895.03, Fla. . . .

    DOORBAL, v. STATE v. A., 983 So. 2d 464 (Fla. 2008)

    . . . See Lugo, 845 So.2d at 97; see also § 895.03, Fla. . . .

    DEONARINE, v. STATE, 967 So. 2d 333 (Fla. Dist. Ct. App. 2007)

    . . . Section 895.03(3), Florida Statutes (2001) provides: “It is unlawful for any person employed by, or associated . . .

    K. TOWNSHEND, v. STATE, 965 So. 2d 236 (Fla. Dist. Ct. App. 2007)

    . . . . § 895.03(3), Fla. Stat. (2003). . § 817.568(2)(a), Fla. Stat. (2003). .§ 812.014(2)(c)l., Fla. . . .

    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 895.03(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 . . .

    ESTATE HEISER, v. ISLAMIC REPUBLIC OF IRAN, D. v., 466 F. Supp. 2d 229 (D.C. Cir. 2006)

    . . . . §§ 895.03, 895.04(1). . . .

    STATE v. FERNANDEZ,, 927 So. 2d 939 (Fla. Dist. Ct. App. 2006)

    . . . intellectual property offenses, forgery, bribery, and unlawful compensation in violation of sections 895.03 . . .

    STATE v. RUBIO, B., 917 So. 2d 383 (Fla. Dist. Ct. App. 2005)

    . . . charged all defendants with racketeering and conspiracy to commit racketeering in violation of section 895.03 . . .

    GHANEM, v. STATE, 910 So. 2d 434 (Fla. Dist. Ct. App. 2005)

    . . . Section 895.03(3), Florida Statutes (1997), provides: It is unlawful for any person employed by, or associated . . .

    DIAZ, v. STATE, 910 So. 2d 894 (Fla. Dist. Ct. App. 2005)

    . . . violation of the Racketeer Influenced Corruption Organization Act as charged against appellant is section 895.03 . . .

    SPENCE Co. v. REGIONS HOSPITAL,, 384 F. Supp. 2d 1313 (W.D. Wis. 2005)

    . . . . §§ 895.03 and 895.04 for their loss of Alyssa’s society and companionship. . . .

    PIZZO, v. STATE, 910 So. 2d 287 (Fla. Dist. Ct. App. 2005)

    . . . 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 . . .

    STATE v. OTTE,, 887 So. 2d 1186 (Fla. 2004)

    . . . 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). . . .

    FLORIDA EVERGREEN FOLIAGE v. E. I. DUPONT DE NEMOURS AND COMPANY, a, 336 F. Supp. 2d 1239 (S.D. Fla. 2004)

    . . . State, 845 So.2d 74, 96 n. 39 (Fla.2003) (“Flori-da['s] RICO statute, section 895.03, Florida Statutes . . .

    PALMAS Y BAMBU, S. A. a S. A. a v. E. I. DUPONT DE NEMOURS COMPANY, INC. a, 881 So. 2d 565 (Fla. Dist. Ct. App. 2004)

    . . . .” § 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 . . .

    NICOR INTERNATIONAL CORPORATION a k a v. EL PASO CORPORATION f k a El, 318 F. Supp. 2d 1160 (S.D. Fla. 2004)

    . . . 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 . . .

    JACKSON, a k a v. STATE, 858 So. 2d 1211 (Fla. Dist. Ct. App. 2003)

    . . . 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). . . .

    STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- SUBMISSION, 850 So. 2d 1272 (Fla. 2003)

    . . . 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 . . .

    ELLINGTON, v. STATE, 841 So. 2d 646 (Fla. Dist. Ct. App. 2003)

    . . . counts of racketeering and one count of conspiracy to commit racketeering in contravention of section 895.03 . . .

    LUGO, v. STATE, 845 So. 2d 74 (Fla. 2003)

    . . . 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). . . . .

    STATE v. FRATELLO, 835 So. 2d 312 (Fla. Dist. Ct. App. 2002)

    . . . See § 895.03(3) Fla. . . .

    ALLOCCO, v. CITY OF CORAL GABLES, A A, 221 F. Supp. 2d 1317 (S.D. Fla. 2002)

    . . . . § 895.03(3). . . .

    MESE, v. STATE, 824 So. 2d 908 (Fla. Dist. Ct. App. 2002)

    . . . evidence at trial to support Mese’s conviction for RICO conspiracy- Florida’s RICO statute, section 895.03 . . .

    BLACK, v. STATE, 819 So. 2d 208 (Fla. Dist. Ct. App. 2002)

    . . . 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 . . .

    STATE v. GARZA,, 807 So. 2d 790 (Fla. Dist. Ct. App. 2002)

    . . . . §§ 895.03(3), 777.04(3), and 893.135(l)(a), Fla. Stat. (1999). . . . .

    STATE v. W. TYRRELL,, 807 So. 2d 122 (Fla. Dist. Ct. App. 2002)

    . . . . § 895.03(3), Fla. Stat. (1999). . § 796.05, Fla. Stat. (1999). . § 921.002, et seq., Fla. . . .

    EIGHT HUNDRED, INC. v. STATE, 781 So. 2d 1187 (Fla. Dist. Ct. App. 2001)

    . . . warrant, the circuit court in Lee County found probable cause that there had been violations of sections 895.03 . . .

    GROSS, Jr. v. STATE, 765 So. 2d 39 (Fla. 2000)

    . . . Specifically, section 895.03(3), Florida Statutes (1993), makes it “unlawful for any person employed . . .

    BEJERANO, v. STATE, 760 So. 2d 218 (Fla. Dist. Ct. App. 2000)

    . . . . § 895.03(3), Florida Statutes. . . .

    STATE v. MARKS, P. A., 758 So. 2d 1131 (Fla. Dist. Ct. App. 2000)

    . . . . § 895.03(3)(1994). . . .

    WEINACHT, v. STATE, 744 So. 2d 1197 (Fla. Dist. Ct. App. 1999)

    . . . Section 895.03(3), Florida Statutes (1993), provides: “It is unlawful for any person employed by, or . . .

    JOHNSON ENTERPRISES OF JACKSONVILLE, INC. a v. FPL GROUP, INC. a FPL a a, 162 F.3d 1290 (11th Cir. 1998)

    . . . Stat. ch, 895.03(1), (2), (3), and (4) (1997). . . .

    STATE v. E. GUSOW,, 724 So. 2d 135 (Fla. Dist. Ct. App. 1998)

    . . . 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 . . .

    AMOS, v. STATE, 711 So. 2d 1197 (Fla. Dist. Ct. App. 1998)

    . . . Charles Amos appeals from his convictions of one count of racketeering - under section 895.03, Florida . . .

    A. VAUGHN, v. STATE, 711 So. 2d 64 (Fla. Dist. Ct. App. 1998)

    . . . unlawfully conducting a business enterprise through a pattern of racketeering, in violation of sections 895.03 . . .

    R. SHURMAN, v. STATE, 703 So. 2d 1249 (Fla. Dist. Ct. App. 1998)

    . . . . § 895.03(3), Fla. Stat (1987). . Robinson v. State, 373 So.2d 898 (Fla.1979). . . .

    BRADENTON GROUP, INC. v. DEPARTMENT OF LEGAL AFFAIRS, STATE OF FLORIDA,, 701 So. 2d 1170 (Fla. Dist. Ct. App. 1997)

    . . . The complaint sought relief under civil RICO based on alleged violations of section 895.03, Florida Statutes . . .

    STATE v. SOBIECK,, 701 So. 2d 96 (Fla. Dist. Ct. App. 1997)

    . . . . §§ 895.03(3), 895.02(3) and 895(4), Fla. Slat. (1995). . § 932.701-707, Fla. Slat. (1996). . U.S. . . .

    MASON, v. STATE, 698 So. 2d 1340 (Fla. Dist. Ct. App. 1997)

    . . . We affirm appellant’s convictions of one count of racketeering under section 895.03(3), Florida Statutes . . .

    STATE v. R. GONZALEZ,, 685 So. 2d 934 (Fla. Dist. Ct. App. 1996)

    . . . Appellee was charged by information with one count of RICO in violation of section 895.03(3), Florida . . .

    STATE v. JACKSON,, 677 So. 2d 938 (Fla. Dist. Ct. App. 1996)

    . . . 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 . . .

    STATE v. S. NUCKOLLS, III,, 677 So. 2d 12 (Fla. Dist. Ct. App. 1996)

    . . . 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, . . .

    L. RUTH, a k a a k a M. a k a a k a E. a k a M. v. STATE DEPARTMENT OF LEGAL AFFAIRS,, 661 So. 2d 901 (Fla. Dist. Ct. App. 1995)

    . . . 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 . . .

    STATE v. RIVERS,, 660 So. 2d 1360 (Fla. 1995)

    . . . . § 895.03, Fla.Stat. (1991). . § 796.07(3), Fla.Stat. (1991). . § 796.07(2)(d), Fla.Stat. (1991). . . . .

    L. SCHUMMER, v. STATE, 654 So. 2d 1215 (Fla. Dist. Ct. App. 1995)

    . . . Schummer appeals his multiple convictions for two counts of violating the Florida RICO statute, sections 895.03 . . .

    BROWN, v. STATE, 652 So. 2d 877 (Fla. Dist. Ct. App. 1995)

    . . . ENTERPRISE Count fifty-nine of the information charged Brown with violating section 895.03(3), Florida . . .

    E. CLARK, v. STATE, 645 So. 2d 575 (Fla. Dist. Ct. App. 1994)

    . . . Clark was charged with violating sections 895.03(3) and (4), Florida Statutes (1991), of the Florida . . .

    STATE v. RIVERS,, 643 So. 2d 3 (Fla. Dist. Ct. App. 1994)

    . . . of the intercepted communications, the State charged all of the appellees with violations of section 895.03 . . .

    BORDO, INC. v. STATE, 627 So. 2d 561 (Fla. Dist. Ct. App. 1993)

    . . . See § 895.03(3) and (4), Fla.Stat. (1991). . . .

    R. HARVEY, v. STATE, 617 So. 2d 1144 (Fla. Dist. Ct. App. 1993)

    . . . 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 . . .

    SHIMEK, Jr. v. STATE, 610 So. 2d 632 (Fla. Dist. Ct. App. 1992)

    . . . 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 . . .

    K. BISSELL, v. STATE STATE v. F. DONOHUE,, 605 So. 2d 878 (Fla. Dist. Ct. App. 1992)

    . . . . § 895.03(3), one count of engaging in racketeering activity; § 895.03(4), one count of conspiracy to . . .

    STATE v. LUCAS,, 600 So. 2d 1093 (Fla. 1992)

    . . . Section 895.03, Florida Statutes (1985), under which the respondents were charged, states in pertinent . . .

    WILSON, v. STATE, 596 So. 2d 775 (Fla. Dist. Ct. App. 1992)

    . . . Section 895.03(3) provides that it is unlawful for any person employed by or associated with an enterprise . . .

    NAPOLI, v. STATE, 596 So. 2d 782 (Fla. Dist. Ct. App. 1992)

    . . . See §§ 895.03 & 895.02(3), Fla.Stat. (1987); and Boyd v. . . .

    CHERRY, v. STATE, 592 So. 2d 292 (Fla. Dist. Ct. App. 1991)

    . . . The court adjudicated the defendant guilty and sentenced him as follows: One Count of Racketeering § 895.03 . . .

    BROWN, v. STATE, 585 So. 2d 1109 (Fla. Dist. Ct. App. 1991)

    . . . Racketeering, § 895.03(3), Fla.Stat. (1987); Burglary, three (3) counts, § 810.02, Fla.Stat. (1987); . . .

    POLAKOFF, v. STATE, 586 So. 2d 385 (Fla. Dist. Ct. App. 1991)

    . . . 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 . . .

    J. DeLISI DeLISI, v. STATE, 585 So. 2d 963 (Fla. Dist. Ct. App. 1991)

    . . . Terry Johnson (a codefendant not a party to this appeal) with: (I) violation of the RICO Act, section 895.03 . . .

    AVIRGAN v. HULL, K. Sr. AVIRGAN v. HULL, W. K. AVIRGAN P. SHEEHAN v. HULL, W. Sr. AVIRGAN P. SHEEHAN v. HULL, W. Sr., 932 F.2d 1572 (11th Cir. 1991)

    . . . . § 895.03. . . .

    C. HOWARD, v. STATE, 579 So. 2d 274 (Fla. Dist. Ct. App. 1991)

    . . . Howard, individually, was the “enterprise” for purposes of section 895.03(3), Fla. Stat. (1985). . . .

    RODRIGUEZ No. B, v. BANCO INDUSTRIAL VENEZUELA, C. A., 576 So. 2d 870 (Fla. Dist. Ct. App. 1991)

    . . . . § 895.03(1), Fla.Stat. (1989). . . . making due provision for the rights of innocent persons, enjoin violations of the provisions of s. 895.03 . . .

    SEAGOOD TRADING CORPORATION, v. JERRICO, INC. S S s,, 924 F.2d 1555 (11th Cir. 1991)

    . . . . § 895.03(3)-(4) (1989), respectively. . . .

    PRIETO, v. STATE, 573 So. 2d 398 (Fla. Dist. Ct. App. 1991)

    . . . . § 895.03(3), Fla.Stat. (1985). . . . .

    BOYD, v. STATE, 578 So. 2d 718 (Fla. Dist. Ct. App. 1991)

    . . . statute does not invariably require that criminal conduct be conducted through an "enterprise,” see § 895.03 . . .

    STATE v. BAIRD, Jr., 572 So. 2d 904 (Fla. 1990)

    . . . After a jury trial, he was found guilty of three counts of racketeering in violation of section 895.03 . . .

    R. DONOVAN, v. STATE, 572 So. 2d 522 (Fla. Dist. Ct. App. 1990)

    . . . 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 . . .

    TINWOOD N. V. v. SUN BANKS, INC., 570 So. 2d 955 (Fla. Dist. Ct. App. 1990)

    . . . .-02(4), 895.03, Fla.Stat. (1985). In a case somewhat analogous to this one, State v. . . .

    KNIGHT, v. E. F. HUTTON AND CO. INC., 750 F. Supp. 1109 (M.D. Fla. 1990)

    . . . (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 . . .

    FLANAGAN, v. STATE, 566 So. 2d 868 (Fla. Dist. Ct. App. 1990)

    . . . conviction of one count of violating the Racketeer Influenced and Corrupt Organization Act (RICO), section 895.03 . . .

    HOLLEY, v. STATE, 564 So. 2d 595 (Fla. Dist. Ct. App. 1990)

    . . . jury and convicted of one count of RICO (Racketeer Influenced and Corrupt Organization Act), section 895.03 . . .

    ZICCARDI, v. STROTHER,, 570 So. 2d 1319 (Fla. Dist. Ct. App. 1990)

    . . . “Any person who is injured by reason of any violation of the provisions of s. 895.03 shall have a cause . . .

    L. CRAVER, v. STATE, 561 So. 2d 1251 (Fla. Dist. Ct. App. 1990)

    . . . 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 . . .

    STATE v. L. PURVIS A., 560 So. 2d 1296 (Fla. Dist. Ct. App. 1990)

    . . . 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 . . .

    STATE v. LUCAS,, 570 So. 2d 952 (Fla. Dist. Ct. App. 1990)

    . . . 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 . . .

    WATTS, v. STATE, 558 So. 2d 142 (Fla. Dist. Ct. App. 1990)

    . . . 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.” . . .