772.102 Definitions.—As used in this chapter, the term:
(1) “Criminal activity” means to commit, to attempt to commit, to conspire to commit, or to solicit, coerce, or intimidate another person to commit:
(a) Any crime that is chargeable by indictment or information under the following provisions:
1. Section 210.18, relating to evasion of payment of cigarette taxes.
2. Section 414.39, relating to public assistance fraud.
3. Section 440.105 or s. 440.106, relating to workers’ compensation.
4. Part IV of chapter 501, relating to telemarketing.
5. Chapter 517, relating to securities transactions.
6. Section 550.235 or s. 550.3551, relating to dogracing and horseracing.
7. Chapter 550, relating to jai alai frontons.
8. Chapter 552, relating to the manufacture, distribution, and use of explosives.
9. Chapter 562, relating to beverage law enforcement.
10. Section 624.401, relating to transacting insurance without a certificate of authority, s. 624.437(4)(c)1., relating to operating an unauthorized multiple-employer welfare arrangement, or s. 626.902(1)(b), relating to representing or aiding an unauthorized insurer.
11. Chapter 687, relating to interest and usurious practices.
12. Section 721.08, s. 721.09, or s. 721.13, relating to real estate timeshare plans.
13. Chapter 782, relating to homicide.
14. Chapter 784, relating to assault and battery.
15. Chapter 787, relating to kidnapping or human trafficking.
16. Chapter 790, relating to weapons and firearms.
32. Chapter 893, relating to drug abuse prevention and control.
33. Section 914.22 or s. 914.23, relating to witnesses, victims, or informants.
34. Section 918.12, s. 918.125, or s. 918.13, relating to tampering with or harassing court officials, retaliating against court officials, and tampering with evidence.
(b) Any conduct which is subject to indictment or information as a criminal offense and listed in 18 U.S.C. s. 1961(1) (A), (B), (C), or (D).
(2) “Unlawful debt” means any money or other thing of value constituting principal or interest of a debt that is legally unenforceable in this state in whole or in part because the debt was incurred or contracted:
(a) In violation of any one of the following provisions of law:
1. Section 550.235 or s. 550.3551, relating to dogracing and horseracing.
2. Chapter 550, relating to jai alai frontons.
3. Section 687.071, relating to criminal usury and loan sharking.
(b) In gambling activity in violation of federal law or in the business of lending money at a rate usurious if punishable as a crime under state or federal law.
(3) “Enterprise” means any individual, sole proprietorship, partnership, corporation, business trust, union chartered under the laws of this state, or other legal entity, or any unchartered union, association, or group of individuals associated in fact although not a legal entity; and the term includes illicit as well as licit enterprises and governmental, as well as other, entities.
(4) “Pattern of criminal activity” means engaging in at least two incidents of criminal activity 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 incidents; provided that the last of such incidents occurred within 5 years after a prior incident of criminal activity. For the purposes of this chapter, the term “pattern of criminal activity” shall not include two or more incidents of fraudulent conduct arising out of a single contract or transaction against one or more related persons.
(5) “Real property” means any real property or any direct or indirect interest in such real property. An interest in any lease of or mortgage upon real property shall be considered an interest in such real property.
(6) “Related persons” means, as to natural persons, persons who are related by blood within the second degree or who are married and, as to other persons, persons which are substantially under the same direction, ownership, or control, either directly or indirectly.
...For the purposes of this
chapter, the term “pattern of criminal activity” shall not include
two or more incidents of fraudulent conduct arising out of a single
contract or transaction against one or more related persons.
Fla. Stat. § 772.102(4).
22
statute ....
...ctims. The sales were found to have continuity with one another because they occurred less than a year apart. The district court therefore concluded that the sales of Telron I and II constituted a pattern of criminal activity as defined in Fla.Stat. § 772.102(4) and § 772.103....
...Employed by, or associated with, any enterprise to conduct or participate, directly or indirectly, in such enterprise through a pattern of criminal activity or the collection of an unlawful debt.” Fla.Stat. § 772.103(3) (emphasis added). Florida Statutes § 772.102(4), in turn, defines “pattern of criminal activity” as: engaging in at least two incidents of criminal activity that have the same or similar intents, results, accomplices, victims, or methods of commission or that otherwise are interr...
...s not establish a pattern_” 116 Cong.Rec. 18940 (1970) (statement of Sen. McClellan). Sedima, 473 U.S. at 496-497, n. 14 , 105 S.Ct. at 3285, n. 14. The Court also noted that in 18 U.S.C. § 3575 (e) — which appears to be the model for Fla.Stat. § 772.102(4) — Congress further refined the definition of “pattern of criminal activity”: “ ‘[C]riminal conduct forms a pattern if it embraces criminal acts that have the same or similar purposes, results, participants, victims, or methods...
...at 242-43 , 109 S.Ct. at 2902 . The testimony offered by the Joneses and the other investors relates to acts that took place “somewhat closely in time to one another” from 1979 to 1984, and within the five year range imposed by Fla. *914 Stat. § 772.102(4)....
...roof of a RICO violation. We therefore affirm the conclusions of the district court judge on that basis. Viewed in its totality, the evidence establishes that Childers and TSI engaged in a pattern of criminal activity within the meaning of Fla.Stat. § 772.102(4)....
...Houghtaling, 181 So.2d 636 (Fla. 1965). We note also that violations of Chapter 517 may constitute predicate acts within the meaning of Florida's Civil Remedies for Criminal Practices Act ("CRCPA”), Chapter 772 of Florida's Statutes. See Fla.Stat. § 772.102(l)(a)(3)....
...The predicate acts involving all sales made and advice rendered by Childers in connection with the sale of Israeli research and development investments within the State of Florida constitute a pattern of criminal activity, as defined by Florida Statutes § 772.102(4)....
...ove, the trial court correctly refused to award these damages to appellees. AFFIRMED in part; REVERSED in part and REMANDED for new trial on fraud and punitive damages. W. SHARP and COWART, JJ., concur. NOTES [1] Appellees also sued for violation of section 772.102, Florida Statutes (1989), but the jury found in favor of the appellants on this claim....
...A "pattern of criminal activity" is defined as "engaging in at least two incidents of criminal activity that have the same or similar intents, results, accomplices, victims, or methods of commission or that otherwise are interrelated by distinguishing characteristics that are not isolated incidents." Fla. Stats. § 772.102(4)....
...with regard to "injury." Under the state RICO statute, "pattern" is defined, in pertinent part, as "engaging in at least two incidents of criminal activity that ... are interrelated by distinguishing characteristics and are not isolated." Fla.Stat. § 772.102(4) (1995)....
...Thus, the threshold inquiry is whether Miller has engaged in "criminal activity." For purposes of RICO, Florida law defines "criminal activity" as "to commit, to attempt to commit, to conspire to commit, or to solicit, coerce, or intimidate another person to commit" any of the state crimes enumerated in Section 772.102(1)(a)-(b) of the Florida Statutes....
...g of fraud, generally, or "gross fraud and cheat," specifically. As to witness tampering and retaliation, Anthony's allegation regarding 18 U.S.C. §§ 1512-13 is irrelevant to their Florida RICO action, in that said federal statute is not listed in Section 772.102(1)(a)-(b)....
...activities of which affect, interstate or foreign commerce. Colonial avers that, at all times relevant to the Second Amended Complaint, Value and Consumer constituted an enterprise within the meaning of 18 U.S.C. § 1961(4) and § 1962 and Fla.Stat. § 772.102(3) and § 772.103....
...a Claim. (D.E. 83, 101, 98). Defendants urge this Court to dismiss the Florida RICO claims for several reasons. First, Value asserts that the Florida RICO claims should be dismissed because they arise out of a single contract of insurance. Fla.Stat. § 772.102(4) provides in pertinent part: "Pattern of criminal activity" means engaging in at least two incidents of criminal activity that have the same or similar intents, results, accomplices, victims, or methods of commission or that otherwise ar...
...other legal entity, or any unchartered union, association, or group of individuals associated in fact although not a legal entity; and the term includes illicit as well as licit enterprises and governmental, as well as other, entities.” Fla. Stat. § 772.102 (3)....
Cited 10 times | Published | District Court, S.D. Florida | 2001 WL 1658587
...[12] Because the Court finds a lack of the continuity requirement and dismisses the federal and state RICO claims on that basis, we refrain from now delving into the separate issue of whether the alleged predicate acts are sufficiently "related" for these purposes. See Fla. Stat. § 772.102(4) (stating that the incidents must "have the same or similar intents, results, accomplices, victims or methods of commission or ......
...SECL paid over $256,000 to FPC, but the financing did not materialize. SECL sued FPC and Franciulli, as FPC's agent, in Florida, for damages under the Florida Racketeer Influenced and Corrupt Organization Act, § 895.02, Fla. Stat. (1987), Florida Civil Remedies for Criminal Practices Act, § 772.102, Fla....
...Florida's RICO statute specifies certain acts which qualify as predicate acts. The statute lists violations of "Chapter 817, relating to fraudulent practices ... Section 914.22 or s. 914.23, relating to witnesses, victims or informants." Fla.Stat. § 772.102(1)(a)(19) and (30)....
...Florida's RICO statute states "For the purposes of this Chapter, the term "pattern of criminal activity" shall not include two or more incidents of fraudulent conduct arising out of a single contract or transaction against one or more related persons." Fla.Stat. § 772.102(4) (emphasis added)....
...f racketeering activity." See Jones, 18 F.3d at 914. De Angelis also argues that Florida's RICO statute has a special definition of "pattern," which excludes two or more incidents of fraudulent conduct arising out of a single transaction. Fla. Stat. § 772.102(4) (defining pattern of criminal activity as "at least two incidents of criminal activity 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 incidents....")....
Cited 3 times | Published | United States Bankruptcy Court, S.D. Florida. | 22 Fla. L. Weekly Fed. B 487, 2010 Bankr. LEXIS 1446, 53 Bankr. Ct. Dec. (CRR) 66
...Fla. Stat. § 772.101, et seq. Count I alleges a "pattern of criminal activity consist[ing] of numerous incidents occurring over a period of more than two years, including: (a) extortion, as defined in Fla. Stat. § 836.05, in violation of Fla. Stat. § 772.102(a)(26); (b) mail fraud, as defined in 18 U.S.C. § 1341, in violation of Fla. Stat. § 772.102(b); (c) wire fraud, as defined in 18 U.S.C. § 1343, in violation of Fla. Stat. § 772.102(b); and (d) aggravated identity theft, as defined in 18 U.S.C. § 1028 & § 1028A, in violation of Fla. Stat. § 772.102(b)." (Complaint at ¶ 58.) Since the predicate acts include alleged violations *263 of federal statutes, Defendants argue that proof of these violations will require interpretations of federal law creating federal question jurisdiction....
Cited 2 times | Published | Florida 2nd District Court of Appeal | 2000 WL 1505007
...t against Second Chance based on the Civil Remedies for Criminal Practices Act, *423 chapter 772, Florida Statutes, (1995). RLS asserted that Second Chance's alleged usury was the "criminal activity" that triggered its rights under this chapter. See § 772.102(1)(a)10., Fla....
...2674 . . (Compl. ¶ 665). . (Id. ¶ 669-76). . The mail fraud and wire fraud statutes are "given a similar construction and are subject to the same substantive analysis.” Belt v. United States, 868 F.2d 1208, 1211 (11th Cir.1989). . See Fla Stat. § 772.102(33), (34)....
Cited 1 times | Published | Florida 4th District Court of Appeal | 1995 WL 608507
...dance at a number of personal and social events, charged to the appellant without approval. Finally, in the RICO count, the appellants alleged that Miller and Wakefield comprise an association constituting a criminal enterprise within the meaning of section 772.102(3), Florida Statutes, and associated for the common purpose of defrauding and stealing from the appellants....
Cited 1 times | Published | Florida 4th District Court of Appeal | 1996 WL 106377
...45(1)(a) is guilty of the crime of " misapplication of construction funds [e.s.]." It does not denominate the crime as theft. Second, section 772.11 is part of the chapter dealing with civil remedies for criminal practices. *850 In 30 subparagraphs, section 772.102 designates each statutory provision included within the civil remedies afforded by chapter 772, but section 713.345 is not one of the crimes listed....
...characteristics and are not isolated incidents of criminal activity", but these incidents "shall not include two or more incidents of fraudulent conduct arising out of a single contract or transaction against one or more related persons." Fla. Stat. Section 772.102(4) (emphasis added)....
Published | United States Bankruptcy Court, S.D. Florida.
...nal activity" under chapter 772. See, e.g., RLS Bus. Ventures, Inc. v. Second Chance Wholesale, Inc., 779 So.2d 421, 423 (Fla. 2d DCA 2000)(stating that usury was the alleged "criminal activity" triggering the plaintiff's rights under this chapter). Section 772.102(1)(a) enumerates a number of criminal activities ranging from homicide *924 to horse racing....
...2d DCA 1987)).
We conclude, however, that because neither the RICO count nor the
FDUTPA count were facially sufficient, the trial court properly dismissed
those claims. See O’Malley v. St. Thomas Univ., Inc., 599 So. 2d 999, 1000
(Fla. 3d DCA 1992); § 772.103(1), Fla. Stat.; § 772.102(4), Fla....
...ertisements. Section 772.103, Florida Statutes (2002), requires active participation in an enterprise, a much closer nexus than we find here. To be liable, Sara Bedzow must be found to have engaged in at least two incidents of criminal activity. See § 772.102(4), Fla....
This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.
