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Florida Statute 895.08 | Lawyer Caselaw & Research
F.S. 895.08 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 895.08

The 2023 Florida Statutes

Title XLVI
CRIMES
Chapter 895
OFFENSES CONCERNING RACKETEERING AND ILLEGAL DEBTS
View Entire Chapter
F.S. 895.08
895.08 Term of RICO lien notice.—
(1) The term of a RICO lien notice shall be for a period of 6 years from the date of filing, unless a renewal RICO lien notice has been filed by the investigative agency; in such case, the term of the renewal RICO lien notice shall be for a period of 6 years from the date of its filing. The investigative agency shall be entitled to only one renewal of the RICO lien notice.
(2) The investigative agency filing a RICO lien notice may release in whole or in part the RICO lien notice or may release any specific real property or beneficial interest from the RICO lien notice upon such terms and conditions as it may determine. A release of a RICO lien notice executed by the investigative agency may be filed in the official records of any county. No charge or fee shall be imposed for the filing of a release of a RICO lien notice.
(3) If no civil proceeding has been instituted by the investigative agency seeking a forfeiture of any property owned by the person named in the RICO lien notice, the acquittal in the criminal proceeding of the person named in the RICO lien notice or the dismissal of the criminal proceeding shall terminate the RICO lien notice and, in such case, the filing of the RICO lien notice shall have no effect. In the event the criminal proceeding has been dismissed or the person named in the RICO lien notice has been acquitted in the criminal proceeding, the RICO lien notice shall continue for the duration of the civil proceeding.
(4) If no civil proceeding is then pending against the person named in a RICO lien notice, the person named in the RICO lien notice may institute an action in the county where the notice has been filed against the investigative agency that filed the notice seeking a release or extinguishment of the notice. In such case:
(a) The court shall, upon the motion of such person, immediately enter an order setting a date for hearing, which date shall be not less than 5 or more than 10 days after the suit has been filed, and the order along with a copy of the complaint shall be served on the investigative agency within 3 days after the institution of the suit. At the hearing, the court shall take evidence on the issue of whether any real property or beneficial interest owned by such person is covered by the RICO lien notice or is otherwise subject to forfeiture under the Florida RICO Act; if such person shows by a preponderance of the evidence that the RICO lien notice is not applicable to him or her or that any real property or beneficial interest owned by the person is not subject to forfeiture under the Florida RICO Act, the court shall enter a judgment extinguishing the RICO lien notice or releasing the real property or beneficial interest from the RICO lien notice.
(b) The court shall immediately enter its order releasing from the RICO lien notice any specific real property or beneficial interest if a sale of such real property or beneficial interest is pending and the filing of the notice prevents the sale of the property or interest; however, the proceeds resulting from the sale of such real property or beneficial interest shall be deposited into the registry of the court, subject to the further order of the court.
(c) At the hearing set forth in paragraph (a), the court may release any real property or beneficial interest from the RICO lien notice, upon the posting by such person of such security as is equal to the value of the real property or beneficial interest owned by such person.
(5) In the event a civil proceeding is pending against a person named in a RICO lien notice, the court upon motion by such person may grant the relief set forth herein.
History.—s. 4, ch. 81-141; s. 1450, ch. 97-102.

F.S. 895.08 on Google Scholar

F.S. 895.08 on Casetext

Amendments to 895.08


Arrestable Offenses / Crimes under Fla. Stat. 895.08
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 895.08.

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. Bee Line Entertainment v. State

    791 So. 2d 1197 (Fla. Dist. Ct. App. 2001)
    As used in ss. 895.01- 895.08, the term:
    PAGE 1202

  2. Department of Legal Affairs v. Bradenton Group

    727 So. 2d 199 (Fla. 1999)   Cited 11 times
    895.02 Definitions. — As used in ss. 895.01- 895.08, the term:
    PAGE 202

  3. Henhill Corp v. Dept of Legal Affairs

    578 So. 2d 335 (Fla. Dist. Ct. App. 1991)
    A lien notice secured under the provisions of this subsection is valid for a period of 90 days from the date the court granted authorization, . . . unless a civil proceeding is instituted under this section and a lien notice is filed under s. 895.07, in which event the term of the lien notice is governed by s. 895.08.
    PAGE 337

  4. State v. Long

    544 So. 2d 219 (Fla. Dist. Ct. App. 1989)   Cited 8 times
    As used in ss. 895.01- 895.08, the term:
    PAGE 223

    Cases from cite.case.law:

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

    . . . , (2), and (3) of the Florida Statutes — Florida’s RICO act; Count II claiming violation of section 895.08 . . .

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

    . . . All 28 were charged in counts 4 and 5 of the information with racketeering in violation of subsection 895.08 . . .

    BEE LINE ENTERTAINMENT PARTNERS, v. STATE, 791 So. 2d 1197 (Fla. Dist. Ct. App. 2001)

    . . . Definitions As used in ss. 895.01-895.08, the term: (1) “Racketeering activity” means to commit, to attempt . . .

    DEPARTMENT OF LEGAL AFFAIRS, v. BRADENTON GROUP, INC. v., 727 So. 2d 199 (Fla. 1998)

    . . . . — As used in ss. 895.01-895.08, the term: (1) “Racketeering activity” means to commit, to attempt to . . .

    HENHILL CORPORATION, v. STATE DEPARTMENT OF LEGAL AFFAIRS,, 578 So. 2d 335 (Fla. Dist. Ct. App. 1991)

    . . . lien notice is filed under s. 895.07, in which event the term of the lien notice is governed by s. 895.08 . . .

    STATE v. LONG, E. CMH d b a, 544 So. 2d 219 (Fla. Dist. Ct. App. 1989)

    . . . Section 895.02, Florida Statutes (1985 and Supp.1986), provides: As used in ss. 895.01-895.08, the term . . .

    CITICORP PERSON- TO- PERSON FINANCIAL CENTER, INC. v. C. JORDAN, K. In D. JORDAN, K., 32 B.R. 867 (Bankr. S.D. Ohio 1983)

    . . . Of the total amount, $895.08 was designed as “arrear-age.” . . .

    JAKO MARKETING CORP. v. M. V. SEA FAN, M. V. K. K. M. V. Co. v. LAVINO SHIPPING COMPANY, 557 F. Supp. 1244 (S.D.N.Y. 1983)

    . . . necessary expenses for sorting, handling, testing, segregating, and storing the tires in the amount of $20,-895.08 . . .