Florida Statute 895.04 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVI
CRIMES

Chapter 895
OFFENSES CONCERNING RACKETEERING AND ILLEGAL DEBTS

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895.04 Criminal penalties and alternative fine.—

(1) Any person convicted of engaging in activity in violation of the provisions of s. 895.03 is guilty of a felony of the first degree and shall be punished as provided in s. 775.082, s. 775.083, or s. 775.084.

(2) In lieu of a fine otherwise authorized by law, any person convicted of engaging in conduct in violation of the provisions of s. 895.03, through which the person derived pecuniary value, or by which he or she caused personal injury or property damage or other loss, may be sentenced to pay a fine that does not exceed 3 times the gross value gained or 3 times the gross loss caused, whichever is the greater, plus court costs and the costs of investigation and prosecution, reasonably incurred.

(3) The court shall hold a hearing to determine the amount of the fine authorized by subsection (2).

(4) For the purposes of subsection (2), “pecuniary value” means:

(a) Anything of value in the form of money, a negotiable instrument, or a commercial interest or anything else the primary significance of which is economic advantage; or

(b) Any other property or service that has a value in excess of $100.

History.—s. 4, ch. 77-334; s. 1446, ch. 97-102.

Note.—Former s. 943.463.

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Amendments to 895.04

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 895.04

Level: Degree
Misdemeanor/Felony: First/Second/Third

S895.04 1 - PUBLIC ORDER CRIMES - REMOVED - F: F

Cases Citing Statute 895.04

Total Results: 9

United States v. George Tom Darby, Constantine Yamanis, Vincent Calise, and Michael Yamanis

744 F.2d 1508

Court of Appeals for the Eleventh Circuit | Filed: Dec 7, 1984 | Docket: 442497

Cited 104 times | Published

...§ 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)....

Stall v. State

570 So. 2d 257, 1990 WL 154236

Supreme Court of Florida | Filed: Oct 11, 1990 | Docket: 1350025

Cited 27 times | Published

...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....

Ruth v. Department of Legal Affairs

684 So. 2d 181, 1996 WL 681383

Supreme Court of Florida | Filed: Nov 27, 1996 | Docket: 1482229

Cited 17 times | Published

...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....

Shimek v. State

610 So. 2d 632, 1992 WL 365772

District Court of Appeal of Florida | Filed: Dec 15, 1992 | Docket: 1413332

Cited 7 times | Published

...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...

Bankers Ins. Co. v. State

437 So. 2d 708

District Court of Appeal of Florida | Filed: Jul 6, 1983 | Docket: 1256517

Cited 4 times | Published

...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....

Marks v. STATE, DEPT. OF LEGAL AFFAIRS

937 So. 2d 1211, 2006 WL 2683294

District Court of Appeal of Florida | Filed: Sep 20, 2006 | Docket: 459715

Cited 1 times | Published

...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....

Russell v. State

675 So. 2d 961, 1996 Fla. App. LEXIS 6230, 1996 WL 270828

District Court of Appeal of Florida | Filed: May 23, 1996 | Docket: 64765510

Published

Stat. (1991). All were first-degree felonies. § 895.04(1), Fla. Stat. (1991). On the eve of trial, appellant

Laura Goodloe v. Royal Caribbean Cruises, LTD.

Court of Appeals for the Eleventh Circuit | Filed: Jun 21, 2021 | Docket: 60000768

Published

wrongful deaths caused in Wisconsin. Wis. Stat. § 895.04(4). Wisconsin does not apply its own law to deaths

Bordo, Inc. v. State

627 So. 2d 561, 1993 Fla. App. LEXIS 11935, 1993 WL 492540

District Court of Appeal of Florida | Filed: Dec 1, 1993 | Docket: 64744394

Published

statute constitute a first degree felony. See § 895.04(1), Fla.Stat. (1991). . See § 895.02(l)(a)17

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