Arrestable Offenses under F.S. 895.04
M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd§895.04(1)PUBLIC ORDER CRIMESREMOVEDF · 1st
CopyCited 104 times | Published | Court of Appeals for the Eleventh Circuit
...§
893.13(1)(b) (Supp.1984) (possession or sale of over 10 grams of narcotics punishable by up to 30 years’ imprisonment); Fla.Stat.Ann. §
893.13(1)(c)(1) (Supp.1984) (delivery of narcotics to minor punishable by up to 30 years’ imprisonment); Fla.Stat.Ann. §
895.04 (Supp.1984) (RICO violation punishable by up to 30 years’ imprisonment)....
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Cited "but see"Storm (1994)phrase: "but see"
Cited "but see"Noriega (1990)phrase: "but see"
CopyCited 27 times | Published | Supreme Court of Florida | 1990 WL 154236
...And the penalty? up to life in prison, heavy fines, and the possibility that the government may seek forfeiture of assets or property used to advance this "racketeering" activity. Compare §
895.02(1)(a)28, Fla. Stat. (1989) (making sale or possession of obscene materials a racketeering offense) with §
895.04(1), Fla....
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DistinguishedJP (2004)phrase: "distinguishing"
DistinguishedJ.P. (2004)phrase: "distinguishing"
CopyCited 17 times | Published | Supreme Court of Florida | 1996 WL 681383
...Because the action is in personam, the federal district court does not need territorial jurisdiction over the real property sought in the forfeiture action. The same is not true in Florida. Florida's RICO statute does not make forfeiture a criminal penalty. See § 895.04, Fla....
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CopyCited 7 times | Published | Florida 1st District Court of Appeal | 1992 WL 365772
...than facts the jury should assume had already been established. This last sentence of the instruction is also incorrect because the amended information charged four, not three, predicate offenses. Finally, the sentence misstates crucial language of section 895.04 which requires proof of predicate offenses that have: the same or similar intents, results, accomplices, victims, or methods of commission or that otherwise are interrelated by distinguishing characteristics and are not isolated incide...
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CopyCited 4 times | Published | Florida 2nd District Court of Appeal
...as never changed. Bankers correctly points out that there is an alternate fine under the new RICO Act where the court may, if it chooses, impose a fine up to three times the gross value gained or the loss caused by the defendants' criminal activity. § 895.04, Fla....
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ApprovedIntegrity (2004)phrase: "approved by"
Cited as authorityIntegrity (2004)phrase: "rule_authority"
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2006 WL 2683294
...Moreover, there is no statutory provision that would allow the Markses to recover, from the DLA, attorney's fees incurred in defending a criminal case instituted by the State Attorney's office, regardless of the validity of either case. The Markses fail to point to any case law to support their contention, and section 895.04, Florida Statutes, which controls criminal RICO actions, makes no provision for recovery of attorney's fees....
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Cited as authorityHirschenson (2008)phrase: "rule_authority"
Cited as authorityMady (2008)phrase: "rule_authority"
CopyPublished | Court of Appeals for the Eleventh Circuit
...§
768.21 (allowing damages for
3
USCA11 Case: 19-14324 Date Filed: 06/21/2021 Page: 4 of 20
loss of companionship and mental pain and suffering). Wisconsin law would not
have. See Wis. Stat. §§
895.03,
895.04(4) (capping non-pecuniary damages in
wrongful death actions to $350,000 for deaths that are caused within Wisconsin
and providing no remedy for deaths that happen outside the state)....
...general maritime law and, depending on the remedies offered by state law, provide
additional remedies. They disagree over which state’s law should apply. RCL
argues for Wisconsin law, which caps non-pecuniary damages at $350,000 for
wrongful deaths caused in Wisconsin. Wis. Stat. § 895.04(4)....
... USCA11 Case: 19-14324 Date Filed: 06/21/2021 Page: 7 of 20
Waranka v. Wadena Ins. Co., 847 N.W.2d 324, 329 (Wis. 2014) (“If no Wisconsin
wrongful death cause of action arises under Wis. Stat. §
895.03, . . . Wis. Stat.
§
895.04 terms and limitations do not apply.”)....
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CopyPublished | District Court of Appeal of Florida | 1993 Fla. App. LEXIS 11935, 1993 WL 492540
...Here again, we note that the suspected violation is a misdemeanor. . See §
823.01, Fla.Stat. (1991). Violations of this statute are also misdemeanors. . See §
895.03(3) and (4), Fla.Stat. (1991). Violations of this statute constitute a first degree felony. See §
895.04(1), Fla.Stat....
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Cited as authorityGeiss (2011)phrase: "rule_authority"