Florida/Georgia Personal Injury & Workers Compensation

...conspired and participated in the conduct of a criminal enterprise which involved the systematic theft by fraud from numerous victims....” The “Offenses Charged” section of the probable cause affidavit listed four Florida statutes ( Fla. Stat. § 812.014 (2)(b) (1985), § 817.036(1) (1985), § 895.03(3) (1985), § 895.03(4) (1985)) dealing with grand theft, fraud, conspiracy to violate the Florida Racketeer Influenced and Corrupt Organization (RICO) Act and violation of the Florida RICO statute....

...[The quantity of the substance involved was 5 kilograms or more but less than 25 kilograms.] c. [The quantity of the substance involved was 25 kilograms or more.] EXHIBIT 9 RICO — USE OR INVESTMENT OF PROCEEDS FROM PATTERN OF RACKETEERING ACTIVITY F.S. 895.03(1) Before you can find the defendant guilty of Unlawful Use or Investment of Proceeds from a Pattern of Racketeering Activity, the State must prove the following four elements beyond a reasonable doubt: Elements 1....

...Note to Judge Whether an individual can be an enterprise see State v. Nishi, 521 So.2d 252 (Fla. 3d DCA 1988) and State v. Bowen, 413 So.2d 798 (Fla. 1st DCA 1983), rev. den. 424 So.2d 760. RICO — USE OR INVESTMENT OF PROCEEDS FROM FROM COLLECTION OF UNLAWFUL DEBT F.S. 895.03(1) Before you can find the defendant guilty of Unlawful Use or Investment of Proceeds from Collection of Unlawful Debt, the State must prove the following two elements beyond a reasonable doubt: Elements 1....

...Note to Judge Whether an individual can be an enterprise see State v. Nishi, 521 So.2d 252 (Fla. 3d DCA 1988) and State v. Bowen, 413 So.2d 798 (Fla. 1st DCA 1983), rev. den. 424 So.2d 760. RICO — ACQUISITION OR MAINTENANCE THROUGH PATTERN OF RACKETEERING ACTIVITY F.S. 895.03(2) Before you can find the defendant guilty of unlawfully [acquiring] [maintaining] and interest in or control of [an enterprise] [real property], the State must prove the following three elements beyond a reasonable doubt: *1229 Elements 1....

...*1230 Give as applicable F.S. 895.02(9) "Real property" means land and whatever is erected on it. It includes but is not limited to any lease or mortgage or other interest in that property. RICO — ACQUISITION OR MAINTENANCE THROUGH COLLECTION OF UNLAWFUL DEBT F.S. 895.03(2) Before you can find the defendant guilty of unlawfully [acquiring] [maintaining] and interest in or control of [an enterprise] [real property], the State must prove the following two elements beyond a reasonable doubt: Elements 1....

...895.02(9) "Real property" means land and whatever is erected on it. It includes but is not limited to any lease or mortgage or other interest in that property. RICO — CONDUCT OR PARTICIPATION IN AN ENTERPRISE THROUGH COLLECTION OF UNLAWFUL DEBT F.S. 895.03(3) Before you can find the defendant guilty of unlawfully [conducting] [participating] in an enterprise, the State must prove the following two elements beyond a reasonable doubt: Elements 1....

...Note to Judge Whether an individual can be an enterprise see State v. Nishi, 521 So.2d 252 (Fla. 3d DCA 1988) and State v. Bowen, 413 So.2d 798 (Fla. 1st DCA 1983), rev. den. 424 So.2d 760. RICO — CONDUCT OR PARTICIPATION IN AN ENTERPRISE THROUGH A PATTERN OF RACKETEERING ACTIVITY F.S. 895.03(3) Before you can find the defendant guilty of unlawfully [conducting] [participating] in an enterprise, the State must prove the following two elements beyond a reasonable doubt: Elements 1....

...Note to Judge Whether an individual can be an enterprise see State v. Nishi, 521 So.2d 252 (Fla. 3d DCA 1988) and State v. Bowen, 413 So.2d 798 (Fla. 1st DCA 1983), rev. den. 424 So.2d 760. CONSPIRACY TO ENGAGE IN PATTERN OF RACKETEERING ACTIVITY F.S. 895.03(4) A "conspiracy" is a combination or agreement of two or more persons to join together to attempt to accomplish an offense which would be in violation of the law....

...As a result of an investigation conducted by the Florida Department of Law Enforcement (FDLE) into football betting in the Pensacola area, Baird was charged with numerous counts of racketeering and book-making. After a jury trial, he was found guilty of three counts of racketeering in violation of section 895.03(4), Florida Statutes (1987)....

...The trial judge refused to find two other nonstatutory mitigators: (1) if incarcerated, Lugo would be able to assist other prisoners in learning computer skills; and (2) Lugo should not be sentenced to death because he was not the "hands-on" killer. [32] See § 895.03, Fla....

...tute a temporal separation such that severance of criminal charges was required. The pertinent Florida RICO statutes require that the defendant engage in at least two incidents of racketeering conduct within five years of each other. See §§ 895.02-895.03, Fla. Stat. (1995). Lugo's racketeering activity, which occurred within a six-month time frame, falls well within this requirement. [39] The substantive Florida RICO statute, section 895.03, Florida Statutes (1993), is patterned after its federal counterpart....

...[42] Lugo requested a judgment of acquittal at the close of the State's case-in-chief. Therefore, in reviewing the sufficiency of the evidence, we "view[ ] the evidence in the light most favorable to the State." Gross v. State, 765 So.2d 39, 46 (Fla.2000). [43] See § 895.03, Fla....

...Doorbal was convicted of RICO violations and conspiracy to commit RICO violations. Under the Florida Statutes, the elements of a RICO crime are (1) conduct or participation in an enterprise; through (2) a pattern of racketeering activity. See Lugo, 845 So.2d at 97; see also § 895.03, Fla....

...the amended complaint. Avirgan and Honey also alleged state law claims which include: battery, loss of consortium, assault, intentional infliction of mental distress, trespass, damage to personal property, and a state RICO claim under Fla.Stat.Ann. § 895.03....

...1, 94 S.Ct. 1820, 1842 n. 1, 40 L.Ed.2d 341 (1974) (Powell, J., concurring in part and dissenting in part). See generally J. Carr, The Law of Electronic Surveillance § 3.2(c)(2)(B) (1988); 2 G. Trubow, Privacy Law and Practice § 11.04[8] (1988). [4] § 895.03, Fla....

...on Organized Crime HB 2127 (1977) Staff Analysis 2 (June 2, 1977) (available at Fla. Dep't of State, Div. of Archives, ser. 18, carton 1285, Tallahassee, Fla.). The "enterprise" and "pattern of racketeering activity" [1] elements of RICO are almost identical to the Federal RICO provisions. Specifically, section 895.03(3), Florida Statutes (1993), makes it "unlawful for any person employed by, associated with, any enterprise to conduct or participate, directly or indirectly, in such enterprise through a pattern of racketeering activity or the collect...

...construed states: "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." § 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 "person" and the "enterprise." Basing our decision on the clear language of section 895.03(3) and on a series of cases which construe that same language in the federal RICO Act, 18 U.S.C.A....

...action to the detriment of the victim of the knowing false statement")(emphasis added). Thus, the charge requiring a finding of causation was contingent on proof of reliance and was in no way a waiver of the necessity for proof of that element. [5] Section 895.03(3) is the counterpart to section 772.103(3), which provides for civil remedies for criminal practices....

...codified at 18 U.S.C. § 1961 et seq., and Florida courts often look to federal courts' interpretation of the federal statutes for guidance and as persuasive authority. See Lugo v. State, 845 So.2d 74, 96 n. 39 (Fla.2003) ("Florida['s] RICO statute, section 895.03, [16] Florida Statutes (1993), is patterned after its federal counterpart [and] Florida courts may look to federal RICO decisions as persuasive authority") (citations omitted), cert....

...Before HENDRY, NESBITT and JORGENSON, JJ. PER CURIAM. The state appeals the dismissal of a charge that Jorge Nishi violated the Florida RICO (Racketeer Influenced and Corrupt Organization) Act. We affirm. Nishi was charged with one count of violating the Florida RICO Act, section 895.03, Florida Statutes (1985), as well as with several counts of armed robbery....

...By his motion to dismiss, Nishi admitted that the robberies constituted racketeering activity pursuant to section 895.02(1)(a)(16), Florida Statutes (1985) but claimed that he acted alone, and thus, could not by himself constitute an enterprise within the meaning of section 895.03 of the Florida RICO Act....

...The pertinent section of the statute to be construed states: "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." § 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 "person" and the "enterprise." Basing our decision on the clear language of section 895.03(3) and on a series of cases which construe that same language in the federal RICO Act, 18 U.S.C.A. § 1962(c) (1984), we find that, given the facts of this case, the defendant cannot be charged with a RICO offense. First, the language of section 895.03(3) requires that the accused be "employed by or associated with any enterprise." Applying that language to the case at hand, we would be required to find that Nishi, the person, was employed by or associated with Nishi, the enterprise....

...The fact that the defendant ran a business distinct from himself brought his acts within the bounds of section 1962(c). In DiCaro, the Seventh Circuit was confronted with the identical issue before us now. In that case, the defendant, charged with the federal equivalent of section 895.03(3), Florida Statutes (1985), committed seven criminal acts over an extended time, including armed robbery, theft, and attempted murder....

...denied, 424 So.2d 760 (Fla. 1983), follows the same reasoning used in McCullough while it extends the breadth of what can be considered an enterprise. In Bowen, a sole proprietor of a gold and silver exchange, who dealt in stolen goods, was convicted under section 895.03, at that time section 943.462(3), Florida Statutes (1979)....

...statutory language, an assertion that a defendant could conspire with his right arm, which held, aimed, and fired the fatal weapon." Id. at 1190. Based on this analysis, we hold that the defendant, Jorge Nishi, cannot be charged with a violation of section 895.03 because he cannot be both the "person" and the "enterprise" within the meaning of that statute....

...ther. Eleven counts of uttering a false instrument, section 831.02, Florida Statutes (1987): 5 years probation concurrent with each other and consecutive to the probation on the forgery counts. Four counts of racketeering (RICO), sections 895.02(3), 895.03(1), Florida Statutes (1987): 30 years imprisonment on each count to be served concurrent with each other and the 30 years for first degree grand theft, plus four fines of $5,000, one for each RICO conviction....

...ing activity" under the Florida Racketeer Influenced and Corrupt Organizations Act (RICO), chapter 895, Florida Statutes (1987), which is patterned after the federal RICO statute, 18 U.S.C. §§ 1961-68. The heart of the RICO offense is contained in section 895.03, Florida Statutes (1987), and may be summarized for purposes of the instant case as follows: It is unlawful for one who has with criminal intent received any proceeds derived from "a pattern of racketeering activity" to use or invest a...

...re four different RICO "patterns." This view is incorrect for three reasons. First, the RICO act differentiates the element of a pattern of racketeering activity (which gives rise to "proceeds") from the element of using or investing those proceeds. Section 895.03 does not make each incident of use or investment of proceeds of the same pattern of racketeering activity a separate RICO offense....

...Provide a reasonable expectation of a forfeiture which is proportionate to the underlying criminal conduct. Smith & Reed, supra § 3.01 at 3-3, 3-4. [1] The statute does not invariably require that criminal conduct be conducted through an "enterprise," see § 895.03(1), (2), Fla....

...Upon motion by the respondents, the trial court dismissed the RICO counts. The district court of appeal affirmed on the premise that the information failed to allege "a pattern of racketeering activity" because of the lack of continuity in the alleged racketeering conduct. *1094 Section 895.03, Florida Statutes (1985), under which the respondents were charged, states in pertinent part: (3) It is unlawful for any person employed by, or associated with, any enterprise to conduct or participate, directly or indirectly, in such...

...The plaintiffs contend that the defendants have conspired together to violate the subsections in § 1962 and have taken overt acts further into this conspiracy. B. The State Law Claims. Plaintiffs bring seven state law claims. Six arise under Florida common law, and the seventh is one under the Florida RICO Statute, § 895.03....

...istress. The fifth count is one for trespass and damage to personal property. Plaintiffs contend that the bombing at La Penca destroyed the plaintiffs' television recording equipment. The plaintiffs also allege a state RICO claim under Fla.Stat.Ann. § 895.03....

...5th DCA 2000) (holding that sentence must be vacated and case remanded for resentencing within the guidelines because valid reasons for departure were not established); State v. Arvinger, 751 So.2d 74 (Fla. 5th DCA 1999). SENTENCES VACATED; REMANDED FOR RESENTENCING. THOMPSON, C.J. and COBB, J., concur. NOTES [1] § 895.03(3), Fla....

...Kent Tippets Black appeals three felony convictions arising out of security sales he made to Escambia County as a salesperson for First Montauk Securities Corporation (Montauk). He stands convicted of conducting or participating in the affairs of an enterprise through a pattern of racketeering in violation of section 895.03(3), Florida Statutes (1993), of conspiracy to conduct or participate in the affairs of an enterprise through a pattern of racketeering activity in violation of section 895.03(4), Florida Statutes (1993), and of obtaining $50,000 or more by organized fraud in violation of the Florida Communications Fraud Act, section 817.034(4)(a)1., Florida Statutes (1993)....

...255,932.00 the County received because it held the CMOs. VIII. The trial court had jurisdiction of the person of the appellant and of the crimes of which he has been convicted. It did not err in denying his motion for judgment of acquittal as to the section 895.03(3) and (4) counts, because the state put on adequate evidence of his participation both in a conspiracy and in "a continuity of criminal activity so as to meet the definition of `pattern of racketeering activity' under the Florida RICO Act." State v....

...f plaintiffs' cable television services (hereinafter "unauthorized cable television equipment"). The action arises under the federal Communications Act of 1934, 47 U.S.C. § 553; the federal R.I.C.O. Act, 18 U.S.C. § 1962; the Florida R.I.C.O. Act, § 895.03, Florida Statutes; the Florida Trespass and Larceny of Cable Television Service Statute, § 812.14, Florida Statutes; Florida Theft Statute, § 812.014(1), Florida Statutes; the Florida Unfair and Deceptive Acts or Practices Statute, § 501...

...For the reasons which follow, we affirm the trial court's orders denying the motions to suppress and the motions to dismiss the informations. The appellants were charged with various offenses including violation of the Racketeer Influenced and Corrupt Organization statute [RICO], section 895.03, Florida Statutes (1983); RICO conspiracies in violation of section 895.03(3), Florida Statutes (1983); conspiracy to commit bookmaking; and bookmaking in violation of section 849.25, Florida Statutes (1983)....

...received probation terms appropriate to the felony charge. Finally, we affirm the judgments and sentences of Alfred Mart and Bernard Shaktman who pled nolo contendere to violation of the Racketeer Influenced and Corrupt Organization statute [RICO], section 895.03, Florida Statutes (1983), based on a pattern of bookmaking activity....

...Act (RICO). Ch. 895, Fla. Stat. (1987). Recognizing that this decision conflicts with State v. Bowen, 413 So.2d 798 (Fla. 1st DCA 1982), review denied, 424 So.2d 760 (Fla. 1983), we reverse the judgment and hold that a sole proprietor cannot violate section 895.03(3), Florida Statutes (1987), by committing unlawful acts in the name of his sole proprietorship if the sole proprietor has no employees or associates....

...On March 15, 1988, the state filed an information against Mr. Masonoff containing seven misdemeanor counts for obtaining property in return for worthless checks, six felony counts for obtaining property in return for worthless checks, a grand theft count, and a RICO count under section 895.03(3), Florida Statutes (1987)....

...On April 28, 1988, the state amended the information and alleged that the enterprise was Communication Connection. Mr. Masonoff moved to dismiss the RICO count. When his motion was unsuccessful, he pleaded nolo contendere to all charges and reserved his right to appeal the trial court's refusal to dismiss the RICO charge. Section 895.03(3), Florida Statutes (1987), states: 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....

...in stolen property. That court based its decision on a "review of the history of the Act and of the statutory language." Bowen, 413 So.2d at 799. Primarily, that court relied upon the observation that section 943.462(3), Florida Statutes (1979) (now section 895.03(3), Florida Statutes (1987)), refers to "any" enterprise rather than to "another" enterprise. Thus, the court reasoned that, since a person can be an enterprise, the "person" and the "enterprise" required for a violation of section 895.03(3) could be a single entity....

...the same enterprise. The statute clearly implies that "any person" must be a sufficiently separate entity from the "enterprise" to permit an employer/employee relationship or some other association. If solo crimes by a self-employed person violated section 895.03(3), Florida Statutes (1987), then the crime of racketeering, with its increased penalties, would apply to a substantial percentage of crimes....

...In Bowen, the sole proprietor had rented a place of business. The fact that a sole proprietorship has a separate address or telephone number does not, from our perspective, create an organization which is sufficiently separate from the sole proprietor to authorize a violation of section 895.03(3), Florida Statutes (1987)....

...We adopt the Seventh Circuit's analysis as an appropriate rule for interpretation of Florida's RICO Act. Since this case lacks an enterprise sufficiently separate from Mr. Masonoff, the trial court erred in refusing to dismiss the count filed under section 895.03(3), Florida Statutes (1987)....

...Turning to the dismissal of count VII as it relates to appellees, we again affirm. Count VII alleges that appellees violated chapter 895, Florida's RICO Act. Appellants maintain that the conduct alleged in count VII establishes the "pattern of racketeering activity" requisite to a finding of a violation of section 895.03, comparing this cause to the circumstances in Banderas v....

...5th DCA 2005), which held a state statute to be invalid. This Court has jurisdiction under article V, section 3(b)(1) of the Florida Constitution. FACTS AND PROCEDURAL HISTORY The defendants were charged in a 130-count information. 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 provider fraud, in violation of section 409.920(2)(a), Florida Statutes (2002); (56-129) split-fee patient brokering, in violation of section 817.505(1)(b), Florida Statutes (2002); and (130) white collar crime, in violation of section 775.0844, Florida Statutes (2002)....

...g that section 817.505 was not a proper predicate on which the State could charge racketeering and white collar crime. The Fifth District affirmed this decision. Rubio, 917 So.2d at 399-400. A. Racketeering The defendants were charged with violating section 895.03(3), Florida Statutes (2002) (the "RICO" statute), which provides: "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." The defendants were also charged with conspiracy to commit racketeering, which is prohibited by section 895.03(4), Florida Statutes....

...ction. *490 Under point VI, appellants maintain that the trial court erred in dismissing count VIII alleging a violation of chapter 895, Florida's RICO statute. We agree that the complaint does not set forth facts sufficient to allege a violation of section 895.03(2), Florida Statutes....

...Florida's RICO statute makes it "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." Fla. Stat. § 895.03(3)....

...federal law, the term enterprise "includes" the various entities enumerated in 18 U.S.C. § 1961 (4). Further, the Florida definition of enterprise explicitly contains reference to a "sole proprietorship" while its federal counterpart does not. [6] Section 895.03(3) provides that it is unlawful for any person employed by or associated with an enterprise to conduct or participate in such an enterprise through a pattern of racketeering activity....

...Pate, a senior vice president of Raymond, James & Associates. The complaint alleged violations of chapter 517, Florida Statutes (1983), breach of fiduciary duty, negligence, civil theft pursuant to section 812.014(2), Florida Statutes (1983), and racketeering pursuant to section 895.03, Florida Statutes (1983)....

...Gen., Tallahassee, and Davis G. Anderson, Jr., Asst. Atty. Gen., Tampa, for appellee. SCHEB, Acting Chief Judge. The defendant, Timothy Day, appeals his conviction of racketeering under the Florida RICO (Racketeer Influenced and Corrupt Organization Act) under section 895.03(3), Florida Statutes (1985), and the sentences imposed for his convictions of robbery with a firearm, robbery with a deadly weapon, and attempted robbery with a deadly weapon....

...The defendant then obtained money when funds advanced to him were either partially or never forwarded to the insurance companies. The court adjudicated the defendant guilty and sentenced him as follows: One Count of Racketeering 13 years' imprisonment, § 895.03(3), Fla....

...es which were occurring at Riverside Park in the Little Havana area of Miami. As a result of the investigation, 28 defendants were charged with 177 crimes. All 28 were charged in counts 4 and 5 of the information with racketeering in violation of subsection 895.03(3), Florida Statutes (1997), and conspiracy to commit racketeering in violation of subsection 895.03(4), Florida Statutes (1997). [2] This defendant was tried separately from the other defendants. Count 4 charged the defendant with racketeering. Under subsection 895.03(3), Florida Statutes, "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...." Under the Florida RICO statute, an "enterprise" includes a criminal street gang....

...gs. Rather, the evidence showed only that defendant sold cocaine in the park and that he was familiar with some other persons who were gang members. That was not enough. *1213 Count 5 charged the defendant with conspiracy to commit racketeering. See § 895.03(4), Fla....

...Carroll argues that the offenses which formed the basis for the RICO charge are in essence necessarily lesser included offenses of that charge and that therefore he cannot be convicted and sentenced for both. We disagree and affirm. *369 Carroll was charged with violating Florida's RICO Act, section 895.03(3), Florida Statutes (1983), which provides that, "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 ac...

...I respectfully dissent from the majority's conclusion that double jeopardy does not bar the prosecution in sentencing for both a RICO violation and the underlying predicate offenses. I believe that the double jeopardy clause in both the State [1] and United States Constitutions [2] bar Carroll's conviction. Section 895.03(3), Florida Statutes (1983) states that: "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......

...l usury, bribery, or extortion." [2] The offenses listed in the federal statute include "murder, kidnapping, gambling, robbery, bribery, extortion, or dealing in narcotic drugs, marihuana, or other dangerous drugs." 18 U.S.C. § 2516 (2) (1988). [3] § 895.03, Fla....

...In the event Prieto prevails at any such hearing, he should be permitted to withdraw his plea to racketeering and/or one count of burglary. Affirmed in part, reversed in part, and remanded with instructions. FRANK, A.C.J., and PATTERSON and ALTENBERND, JJ., concur. NOTES [1] § 895.03(3), Fla....

...n against appellees Sonia Guzman and Anamaria Mendez and three co-defendants John Rubio, Iliana Martin-Fernandez [1] and Gustavo Fernandez. Counts 1 and 2 charged all defendants with racketeering and conspiracy to commit racketeering in violation of section 895.03, Florida Statutes....

...On February 12, 1990, the state filed an amended information that charged Appellant, a Pensacola attorney, with four counts of grand theft in violation of section 812.014, Florida Statutes (1987). The fifth count charged a violation of the Florida RICO Act, section 895.03, Florida Statutes (1987), and listed the four grand theft counts as predicate offenses....

...that count; and his entire sentence is vacated and remanded for resentencing. AFFIRMED IN PART, REVERSED IN PART, AND REMANDED. SHIVERS and WOLF, JJ., concur. NOTES [1] The following provisions of that Act are relevant to the issues on this appeal. Section 895.03, Florida Statutes (1987), provides in part: (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 u...

...ntercept communications related to prostitution. Our jurisdiction is mandatory. See art. V, § 3(b)(1), Fla. Const. The precise question we must address is whether violations of Florida's Racketeer Influenced and Corrupt Organization (RICO) statute, § 895.03, Fla....

...The Facts of the Case The State filed an information alleging that appellee James Otte was employed by or associated with a business named Elegant Encounters, an escort service that provided prostitution services. It charged Otte with racketeering and conspiracy to commit racketeering in violation of Florida's RICO statute, § 895.03(3)-(4), Fla....

...ing and money laundering activities in violation of Florida's RICO statute. That the predicate offenses of the RICO allegations were prostitution-related is not determinative; racketeering is a wholly separate crime from any underlying offenses. See § 895.03, Fla....

...was conducted. In November, 1995, the state filed in the Orange County circuit court a civil complaint against the defendants and several other corporations and individuals. The complaint sought relief under civil RICO based on alleged violations of section 895.03, Florida Statutes (1995)....

...ORDER PAUL, District Judge. This action was filed pursuant to the provisions of the Declaratory Judgment Act, 28 U.S.C. § 2201 et seq., the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. § 1961 et seq. ("RICO"), and the Florida RICO Act, Fla.Sta. § 895.03....

...Count Two demands judgment of treble damages against all defendants for violation of RICO, 18 U.S.C. § 1962(c) and (d). Count Three alleges the same RICO claim as Count Two, with an alternative theory of damages. Count IV alleges violation of Florida Statutes § 943.462 and § 943.464, now § 895.03 and § 895.05, the Florida RICO Act, and demands treble damages thereunder....

...Accordingly, the trial court did not err in *292 denying Mrs. Pizzo's motion for judgment of acquittal on this charge. B. Judgment of Acquittal-Conspiracy to Commit Racketeering The State charged Mrs. Pizzo with conspiracy to commit racketeering in violation of section 895.03, Florida Statutes (1997), which provides, in pertinent part: (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....

...es representatives and Jimmy himself. Accordingly, the trial court erred in denying Mrs. Pizzo's motion for judgment of acquittal on mortgage fraud. D. Judgment of Acquittal-Racketeering The State charged Mrs. Pizzo with racketeering in violation of section 895.03(3), which provides, "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." A corporation is an "enterprise." § 895.02(3)....

...Count twelve alleged that UMF breached its contract with Seagood for the sale of cod. Counts thirteen and fourteen contained causes of action under federal and state Racketeer Influenced and Corrupt Organizations Acts, 18 U.S.C. § 1962 (c) — (d) (1988) and Fla.Stat. § 895.03(3)-(4) (1989), respectively....

...n raises an issue of fact with respect to Defendant Paige's involvement in the burglary of Plaintiffs' office trailer. Accordingly, summary judgment is DENIED on this count with respect to all Defendants. Count XI: Florida RICO Conspiracy (Fla.Stat. § 895.03) This count is the Florida counterpart to the federal RICO conspiracy claim alleged in Count IX....

...of robbery, and one RICO count. The crimes occurred during February and March, 1987; and Smith allegedly acted alone. The RICO violation was bottomed on the theory that Smith himself constituted *1113 a criminal "enterprise" as that term is used in section 895.03(3), Florida Statutes (1987): 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......

...r attempted acquisition of monies by the commission of robberies, attempted robberies or thefts, by the said Brian Keith Smith." Hence, the question becomes whether Smith can be both the associated "person" and the "enterprise" within the meaning of section 895.03(3), Florida Statutes....

...After viewing the evidence and the reasonable inferences therefrom in the light most favorable to the state, see Gross v. State, 765 So.2d 39, 46 (Fla.2000), we agree that the state presented sufficient evidence at trial to support Mese's conviction for RICO conspiracy. Florida's RICO statute, section 895.03(3), Florida Statutes (1993), makes it "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 colle...

...cocaine, 400 grams or more but less than 150 kilograms (count three); and conspiracy to traffic in cocaine, 400 grams or more but less than 150 kilograms (count four). Each of the crimes charged is a first-degree felony. § 893.135(1)(b)(1)(c), (5); § 895.03(3), (4), Fla....

...ough County. Jesus' wife, Concepcion, conducts a restaurant business in Tampa. Jesus's 1978 Cadillac and Concepcion's 1985 Cadillac were seized by the sheriff as an outgrowth of a direct information charging Jesus and Alexander with the violation of section 895.03(3), Florida Statutes (1985), and section 847.011(1)(a), Florida Statutes (1985)....

...In re Forfeiture of One 1976 Chevrolet Corvette, VIN 1Z37L6541240, 442 So.2d 307 (Fla. 5th DCA 1983). Essential to the RICO violation underlying forfeiture of the cars was evidence that Jesus and Alexander had engaged in an "enterprise" through a pattern of racketeering activities contrary to section 895.03(3), Florida Statutes....

...Rhodes, Orlando, for appellee Marvin Otto Carlsen. PER CURIAM. This is an appeal from an order dismissing Count I of the indictment of five defendants which charged them with violating the Florida Racketeer Influenced and Corrupt Organization Act (RICO), Section 895.03(3), Florida Statutes (1983)....

...See Order Granting Defendants' Motion for Summary Judgment n. 16. Thus, Plaintiffs' RICO claim as asserted under Florida law fails as a matter of law. Second, and more importantly, the alleged acts committed by Defendants do not support a RICO claim. Section 895.03 of the Florida Statutes makes it unlawful for any person associated with any enterprise to conduct or participate, directly or indirectly, in such an enterprise through a pattern of racketeering. § 895.03(3), Fla....

...48), PFG Loans relied on its lack of knowledge in denying TemPay's allegations that a fraudulent transfer occurred. PFG Loans did not assert any affirmative defenses to the fraudulent transfer claim and failed to respond to TemPay's motion for summary judgment. . Section 895.03(3), Florida Statutes, provides that "[i]t 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.” ....

...In granting Borgan's motion for dismissal, the trial court explained as follows: "In order to charge a defendant with a violation of the Florida RICO Act, the State must demonstrate that the defendant engaged in "a pattern of racketeering activity." Fla. Stat. § 895.03(3)(1994)....

..., for the purpose of engaging in racketeering activities within the meaning of Florida Statute 895.02(1), by committing crimes chargeable by indictment or information under Chapters 812, 817, and 831, Florida Statutes and contrary to Florida Statute 895.03(4), unlawfully, willfully, knowingly conducting or participating, directly or indirectly, in said enterprise through engaging in a pattern of racketeering activity as defined in Florida Statute 895.02(4).......

...any enterprise from conducting or participating, either directly or indirectly, in the affairs of said enterprise through a continuous pattern of racketeering activity, within the meaning of Florida Statute 895.02(1) and contrary to Florida Statute 895.03(3), with the intent that such offense would be committed, by engaging in or intending to engage in at least two of the following incidents of racketeering activities.......

...cars and transfer said cars to confederates who would then illegally adjust the cars to a lower mileage so as to increase the value at sale, all the while concealing their doings with forged and falsified documents, all contrary to Florida Statutes 895.03(4)....

...GANIZED CRIMINAL CONSPIRACY AFFECTING TWO OR MORE JUDICIAL CIRCUITS. We find this fulfills the jurisdictional requirements for the statewide prosecutor. AFFIRMED in part; REVERSED in part and REMANDED. PETERSON, C.J., and COBB, J., concur. NOTES [1] § 895.03(3), Fla.Stat. [2] § 895.03(4), Fla.Stat....

...We reverse the dismissal of the racketeering charge but affirm the dismissal of the remaining charges. The state filed an information against appellee charging him with one count of organized fraud, in violation of section 817.03(4)(a), Florida Statutes (1993); one count of racketeering, in violation of section 895.03, Florida Statutes (1993); ten counts of the offense of conduct of financial transaction involving proceeds of unlawful activity, in violation of section 896.101(2); four counts of first degree grand theft, in violation of section 812.0...

...ore, we reverse the order granting the other motion to dismiss. The appellee's motion to dismiss the racketeering charge was based on the assertion that the state failed to plead a prima facie showing of the existence of an enterprise as required by section 895.03....

...nterprise consisting of his law firm and other corporations which he controlled to conceal and use for his benefit the proceeds he obtained unlawfully from the victims. The Florida RICO (Florida Racketeer Influenced and Corrupt Organization) Act, at section 895.03(3), Florida Statutes (1993), states: "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 or the collecti...

...Murrell & Sons, Orlando, for appellee Robert L. Purvis. Neil G. Paulson, Orlando, for appellee Christopher Alan Ellis. PETERSON, Judge. The State appeals the dismissal of Counts I, VI, and VII of its information. Count I of the information alleged a RICO violation pursuant to section 895.03(3), Florida Statutes; Count VI alleged a violation of section 893.135(1)(b)(1), Florida Statutes, trafficking in cocaine; and Count VII alleged a violation of section 893.135(5), Florida Statutes, conspiracy to traffic in cocaine....

...The amended information to which the motion was addressed charged that: Christopher Alan Ellis and Robert Lee Purvis, beginning on or about the 16th day of February, 1988, and continuing through the 23rd day of April, 1988, at diverse times between said dates, in said County and State, did, in violation of Florida Statute 895.03(3) combine with each other to form and associate with an enterprise the purpose of which was to engage in a pattern of criminal activity in violation of Chapter 893 of the Florida Statutes and did engage in a pattern of criminal activity consi...

...For the following reasons, we reverse the trial court's order. BIV filed a four-count verified complaint against the Mederoses and other defendants not parties to this appeal. The bank alleged common law fraud, conspiracy, debt, and criminal enterprise in violation of section 895.03(3) of the Florida Racketeer Influenced and Corrupt Organizations (RICO) Act....

...n may be issued in any such action before a final determination on the merits. Section 895.05(1) provides, in relevant part: Any circuit court may, after making due provision for the rights of innocent persons, enjoin violations of the provisions of s. 895.03 by issuing appropriate orders and judgments......

...tatute. I disagree with the majority's premise. The majority's assertion that section 895.05(1) refers only to permanent injunctions is incorrect. Section 895.05(1) sets forth a nonexclusive list of orders the court may issue to enjoin violations of section 895.03. *1328 It states that the court may enjoin violations under 895.03 by issuing appropriate orders and judgments, including but not limited to the orders enumerated in sections 895.05(1)(a)-(e)....

...The trial court placed Banco in an intolerable and even stultifying position. On one hand, the court ruled that Banco was not entitled to the injunction because Banco had not traced the funds, see Shouten v. Utah Int'l, Inc., 515 So.2d 366 (Fla. 4th DCA 1987); § 895.03, Fla....

...At that hearing, the trial court should consider all factors pertinent to the issuance of a temporary injunction; the showing required by the majority is dangerously inadequate. Pending the outcome of the evidentiary hearing, I would maintain the temporary injunction. See DeLisi, 401 So.2d at 925. NOTES [1] Section 895.03(3), Florida Statutes (1985), provides that [i]t 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....

...the written judgment. The judgment erroneously cites to section 893.135(5), Florida Statutes, when the correct statutory citation for the offense of a violation of the Racketeer Influenced Corruption Organization Act as charged against appellant is section 895.03, Florida Statutes (2002)....

...As the result of a criminal investigation into football betting in the Pensacola area, Frederick Aldine Baird, Jr., was charged in numerous counts with racketeering and bookmaking. He was tried by jury and adjudged guilty on three counts of racketeering in violation of section 895.03(4), Florida Statutes....

...We agree, and delete the certified question from the opinion. In all other respects the state's motion for rehearing is DENIED. WENTWORTH and SMITH, JJ., concur. NOTES [1] The written judgment shows an adjudication of guilt on three counts of racketeering in violation of section 895.03, while the jury verdict and oral pronouncement by the trial judge indicate that the second count was an adjudication of guilt for conspiracy to commit racketeering in violation of section 895.03(4).

...Butterworth, Atty. Gen., and Jorge Espinosa, Asst. Atty. Gen., for appellee. Before SCHWARTZ, C.J., and GERSTEN and GODERICH, JJ. PER CURIAM. Defendant appeals his conviction under the Florida Racketeer Influenced and Corrupt Organization Act (RICO), Section 895.03, Florida Statutes (1987)....

...teering activity. At trial, the defendant was acquitted of the charges arising from the November 25, 1987 incident, but found guilty of the charges arising from the December 10, 1987 incident. In addition, the defendant was found guilty of violating section 895.03....

...The State, however, contends that a defendant may be convicted under the Florida RICO statute, if the State proves that the defendant is guilty of more than one offense, even though they both arose out of the same incident. We disagree with the State's contention. Section 895.03, Florida Statutes (1987), requires that there be a "pattern of racketeering activity." Section 895.02(4) defines "pattern of racketeering activity" as: engaging in at least two incidents of racketeering conduct that have similar intent...

EMAS, J. Erika Reyan was charged by Information with a single count of racketeering in violation of section 895.03(3), Florida Statutes (2003)....

...employed by or being associated with an enterprise, to wit: The Wackenhut Corporation, a legal entity, did unlawfully, knowingly and feloniously conduct or participate, directly or indirectly, in such enterprise through a pattern of racketeering activity, in violation of s. 895.03 and 777.011 Florida Statutes .......

...Nor does Count One allege that the defendants conspired to commit any of the predicate acts that comprise the pattern of racketeering activity. By contrast, Count Two of the Information alleged that one of the co-defendants engaged in a conspiracy (together with uncharged co-conspirators) to commit RICO in violation of section 895.03(4), Florida Statutes (2003)....

...The court found that the five-year limitations period as to the substantive RICO offense against Reyan expired on December 28, 2008. Because the State did not file the substantive RICO against Reyan until September 24, 2010, the trial court dismissed the charge against Reyan. THE RELEVANT STATUTORY PROVISIONS Sections 895.03(3) and (4), Florida Stat *137 utes (2003), 4 referred to as substantive RICO and RICO conspiracy, respectively, provide: (3) It is unlawful for any person employed by, or associated with, any enterprise to conduct or participate, directly or i...

...o-defendant, together with other individuals employed by or being associated with an enterprise, to wit: The Wackenhut Corporation, a legal entity, did unlawfully and feloniously agree, conspire, combine, or confederate with each other... to violate Section 895.03, Fla....

...Lane of Masselli & Lane, P.C., Arlington, VA, for Appellant. Robert A. Butterworth, Attorney General, Tallahassee, and Ann Pfeiffer Corcoran, Assistant Attorney General, Tampa, for Appellee. PATTERSON, Acting Chief Judge. Charles Amos appeals from his convictions of one count of racketeering under section 895.03, Florida Statutes (1985) ("Florida RICO (Racketeer Influenced and Corrupt Organization) Act"), seven counts of first-degree grand theft, three counts of second-degree grand theft, and one count of third-degree grand theft, all under section 812.014, Florida Statutes (1985)....

..., pursuant to Section 895.05(2), Florida Statutes; 3. Enter a money judgment against Defendants for monies received by them which were used in the course of, intended for use in the course of, derived from or realized through conduct in violation of Section 895.03, Florida Statutes; 4....

...The issue in these appeals is whether Polk County Circuit Court had subject matter jurisdiction over the forfeiture matter. This is a question of first impression for a Florida appellate court. Chapter 895 of Florida Statutes addresses offenses concerning racketeering and illegal debts. Section 895.03, Florida Statutes (1989), sets forth prohibited activities under the Florida RICO Act. Section 895.05, Florida Statutes (1989), delineates the following civil remedies under the Florida RICO Act: (1) Any circuit court may, after making due provision for the rights of innocent persons, enjoin violations of the provisions of s. 895.03 by issuing appropriate orders and judgments, including, but not limited to: (a) Ordering any defendant to divest himself of any interest in any enterprise, including real property....

...(b) Imposing reasonable restrictions upon the future activities or investments of any defendant, including, but not limited to, prohibiting any defendant from engaging in the same type of endeavor as the enterprise in which he was engaged in violation of the provisions of s. 895.03....

...corporation to conduct business within the state, upon finding that the board of directors or a managerial agent acting on behalf of the corporation, in conducting the affairs of the corporation, has authorized or engaged in conduct in violation of s. 895.03 and that, for the prevention of future criminal activity, the public interest requires the charter of the corporation forfeited and the corporation dissolved or the certificate revoked....

...District Court of Appeal of Florida, First District. May 13, 1993. *1145 Clyde M. Collins, Jr., Jacksonville, for appellant. Robert A. Butterworth, Atty. Gen., and Edward C. Hill, Jr., Asst. Atty. Gen., Tallahassee, for appellee. ZEHMER, Judge. Deborah Harvey appeals her conviction of violating section 895.03, Florida Statutes (1987), Florida's Racketeer Influenced and Corrupt Organization (RICO) Act....

...ts as to the predicate grand theft counts alleged in the information require reversal of the racketeering count. Finding no merit to either point, we affirm. The state's three-count amended information alleges in the first count that Harvey violated section 895.03(4), Florida Statutes, beginning on March 31, 1989, and continuing through August 9, 1989, by: being associated, to-wit: the President and one of the Directors, with an enterprise, to-wit: Foundation for Children with Spina Bifida, Inc....

...trust and an accounting. The amended complaint restated the quasi in rem count requesting attachment of the condominium unit. BIV asserted that the condominium unit had been purchased with monies illegally obtained in violation of the RICO Act. [2] § 895.03(1), Fla....

...[3] The injunction was granted as to both appellant and Carlos, but its propriety only as to appellant is the subject of this appeal. [4] § 895.05. Civil remedies (1) Any circuit court may, after making due provision for the rights of innocent persons, enjoin violations of the provisions of s. 895.03 by issuing appropriate orders ......

...f them had the same or similar intents, results, accomplices, victims, or methods of commission or were interrelated by distinguishing characteristics and were not isolated incidents. See Fla. Std. Jury Instr. (Crim.) 26.7 (emphasis added); see also § 895.03(3), Fla....

...d intent that other members of the conspiracy would engage in at least two incidents of racketeering, as alleged in the information, *48 as part of a pattern of racketeering activity. See Fla. Std. Jury Instr. (Crim.) 26.8 (emphasis added); see also § 895.03(4), Fla. Stat. (2004) ("It is unlawful for any person to conspire or endeavor to violate any of the provisions of ... [§ 895.03(3)].")....

...The state charged the defendant with robbery of a number of convenience stores and fast food restaurants during January and February 1987. He was tried by jury and convicted of one count of RICO (Racketeer Influenced and Corrupt Organization Act), section 895.03(3), Florida Statutes (1985), and twelve counts of robbery with a deadly weapon, violations of section 812.13(2), Florida Statutes (1985)....

...Atty. Gen., Tampa, for appellee. HALL, Judge. Donald Jackson appeals from his judgment and sentences for ten counts of robbery, two counts of grand theft, and one count of violating the Florida RICO (Racketeer Influenced and Corrupt Organization) Act, section 895.03, Florida Statutes (1985)....

NORTHCUTT, Judge. The State-prosecuted a bevy of Manatee County residents based on alleged street gang activity. After most of the defendants entered into plea agreements, Jimmy Sanchez was tried alone. Sanchez was charged with racketeering, § 895.03(3), Fla. Stat. (2006), and conspiracy to commit racketeering, § 895.03(4)....

...commit racketeering charges. Ultimately, the jurors determined that the State proved just two predicate offenses: possession of a concealed weapon and aiding an escape. The substantive racketeering charge. To convict an accused of racketeering under section 895.03(3), the State must prove that he engaged in two incidents of racketeering conduct....

...1 *916 To summarize, two predicate offenses are necessary to the commission of criminal racketeering. Here, the State proved only one predicate offense, and thus it failed to prove an element of the charged crime. For that reason, we reverse Sanchez’s racketeering conviction. See § 895.03; Mese, 824 So.2d at 911 n. 2; Di Sangro, 422 So.2d at 15 ; State v. Adkins, 553 So.2d 294, 297 (Fla. 1st DCA 1989). The conspiracy to commit racketeering charge. We now turn to Sanchez’s conviction for conspiracy to commit racketeering under section 895.03(4)....

...ed two predicate acts, thereby participating in a single objective conspiracy.” Mese, 824 So.2d at 917 , (Ramirez, J., dissenting) (quoting United States v. Shenberg, 89 F.3d 1461, 1471 (11th Cir.1996)). The Florida standard jury instruction for a section 895.03(4) offense tracks these alternate ways of proving the crime: 3....

...ffense instruction is not permissible when a defendant has not been charged with a crime; "there is no such thing as a lesser-included-predicate-act instruction"). . Although the standard jury instruction on the substantive racketeering charge under section 895.03(3) requires that the predicate acts alleged in the information to be read to the jurors, Fla. Std. Jury Instr. (Crim.) 26.7, the instruction on conspiracy to commit racketeering under section 895.03(4) does not, Fla....

...ons insofar as the Act *500 applies to the appellants herein. We therefore affirm. Appellants, Douglas Bernard Vickery and Joseph Nunnari, were involved in a football-betting operation, and were subsequently charged with racketeering in violation of Section 895.03(2), Florida Statutes, [2] a first degree felony....

...elegating basic policy decisions, absent ascertainable standards, to the prosecutor, giving him the unbridled discretion to pursue either a misdemeanor conviction under section 849.14 for each separate gambling incident, or a felony conviction under section 895.03 for the entire gambling episode....

...able to Florida's RICO Act; therefore, no proportionality problem arises under Solem. Thus, we reject appellants' eighth amendment challenge. AFFIRMED. WENTWORTH and ZEHMER, JJ., concur. NOTES [1] Sections 895.01-895.06, Florida Statutes (1985). [2] Section 895.03(2) provides: 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....

...I On January 22, 1988, the state attorney filed an information which charged the defendants Dean Kevin Lucas, Martin Geller, Leslee Schwinger Geller, and Daniel Lynch in two counts [1] with: (1) violation of the Florida RICO (Racketeer Influenced and Corrupt Organization) Act [§ 895.03(3), Fla. Stat. (1985)], and (2) conspiracy to violate the Florida RICO Act [§ 895.03(4), Fla....

...The defendants moved to dismiss the two RICO counts in the information on the ground that these counts failed to allege "a pattern of racketeering activity," an essential element of the charged RICO violations. The trial court agreed and dismissed the two RICO counts. This appeal follows. II Section 895.03, Florida Statutes (1985), the RICO statute which the defendants were charged with violating, provides in relevant part: "(3) It is unlawful for any person employed by, or associated with, any enterprise to conduct or participate, direc...

...Gen., Tallahassee, and William I. Munsey, Jr., Asst. Atty. Gen., Tampa, for appellee. SCHEB, Acting Chief Judge. The defendant, Aaron Flanagan, challenges his conviction of one count of violating the Racketeer Influenced and Corrupt Organization Act (RICO), section 895.03(3), Florida Statutes (1985), and eleven counts of dealing in stolen property, section 812.019, Florida Statutes (1985)....

...ictly construed in order to insure that criminal organizations, which are RICO's target, are distinguished from individuals who merely associate for the commission of crime. Atlas Pile Driving Co. v. DiCon Fin. Co., 886 F.2d 986, 996 (8th Cir.1989). Section 895.03(3) makes it unlawful for any person to conduct, participate in, or associate with an enterprise through a pattern of racketeering....

...Public Defender, Bartow, for appellant. Robert A. Butterworth, Atty. Gen., Tallahassee, and Candance M. Sunderland, Asst. Atty. Gen., Tampa, for appellee. THREADGILL, Judge. Robert L. Craver was tried by a jury and convicted of one count of racketeering in *1252 violation of section 895.03(3), Florida Statutes (1985), and nine counts of obtaining property in return for worthless checks, in violation of section 832.05(4), Florida Statutes (Supp....

...n return for more than two worthless checks. There was no evidence at trial that the appellant was employed by or associated with a separate enterprise. Under these circumstances, the appellant cannot be prosecuted or convicted of racketeering under section 895.03(3)....

...Bowness Oil, Inc., 522 So.2d 73 (Fla. 5th DCA 1988). The one difference is that in this case, unlike Bowness, the State added a count charging the defendants with engaging in a pattern of racketeering activity, thus violating the Florida RICO Act, section 895.03(3), Florida Statutes (1985)....

...We find that burden to be met in this case. To support the racketeering conviction alleged in this case, the State must prove (1) the defendant was associated with an enterprise, and (2) the defendant participated in the enterprise through a pattern of racketeering activity. See § 895.03(3), Fla....

...Hyman of NeJame & Hyman, P.A., Orlando, for appellant. Robert A. Butterworth, Atty. Gen., Tallahassee, and Belle B. Turner, Asst. Atty. Gen., Daytona Beach, for appellee. COWART, Judge. This case involves the inter-relationship of section 687.071(3), Florida Statutes, of the usury statute and section 895.03(3), Florida Statutes, of the Florida Racketeer Influenced and Corrupt Organization (RICO) Act; problems in pleading violations of those statutes; the scope of a search warrant and the scope of a search pursuant to a search warrant....

...d on the usurious loans set forth in paragraphs (1)(a), (2)(a), (3)(a), (4) and (5) but the State repackaged the facts into an additional five criminal charges being four (Counts 1, 3, 5 and 7) first degree felony charges under the Florida RICO Act, section 895.03(3), Florida Statutes, and (Count 10) one second degree felony charge of transporting a monetary instrument or funds with the intent to carry on a specific unlawful activity in violation of section 896.101(2)(b)1., Florida Statutes. (3) CONVICTIONS: The defendant was convicted only of Count 1 (Racketeering by engaging in a pattern of racketeering activity, section 895.03(3)); Count 4 "loan sharking" (section 687.071(3), Florida Statutes) (relating to the $13,000 (or $15,000 or $17,000) loan to Bigloo [paragraph (2)(a) above]); Count 5 Racketeering by collection of an unlawful debt (relating to the $500...

...h (2)(a) above. Count 8 charges the defendant with the violation of the usury statute (section 687.071(3), Florida Statutes) as to the loan described in paragraph (4) above. Count 1, in effect, charges the defendant with a violation of the RICO Act (section 895.03(3), Florida Statutes) by participating in an "enterprise" in a pattern of racketeering activity by engaging in two of five enumerated incidents of racketeering conduct, the five enumerated instances alleged being violations of the usur...

...(4)(b) AS TO COUNT 5 Generally criminal acts, prohibited by the Florida RICO Act (Chapter 895, Florida Statutes), require "racketeering activity" (or predicate crimes), [4] an "enterprise" [5] and a "pattern of racketeering activity." [6] However, section 895.03(3), Florida Statutes, in essence makes it unlawful for any person to conduct or participate in an "enterprise through a pattern of racketeering activity or [emphasis added] the collection of an unlawful debt." The definition of "unlawf...

...Statutes, relating to interest and usury. In summary, the usury statutes (sections 687.071(2) and (3), Florida Statutes), make it a crime to willfully and knowingly "charge, take or receive" interest *390 in excess of a specified rate. The RICO Act (section 895.03(3)) makes it illegal for a person to participate through an enterprise in a pattern of racketeering activity which includes the crime of usury under Chapter 687. Section 895.03(3) of the RICO Act also makes it a crime for a person to participate through any enterprise to collect certain unlawful debts which include a debt contracted in violation of the usury statute....

...and that a contract for such interest is a legally unenforceable debt. For a discussion of the differences between civil and criminal usury, see, generally, Rollins v. Odom, 519 So.2d 652 (Fla. 1st DCA 1988), rev. denied, 529 So.2d 695 (Fla. 1988). Section 895.03(3), the basis for Count 5, makes it a first degree felony for a person employed by, or associated with, any enterprise to collect an unlawful debt and the definition of an "unlawful debt" under section 895.02(2)(a)3....

...includes a debt for interest legally unenforceable under section 687.04 because it is in excess of 18% provided in section 687.03; whereas "receiving" usurious interest exceeding 25% but not 45% is but a second degree misdemeanor under section 687.071(2). Section 895.03(3) requires that the defendant be employed by, or associated with, an enterprise when collecting the unlawful debt but *391 this element does not make an adequate substantive distinction between a criminal "collection" of illegal debt under section 895.03(3) and a criminal "receiving" of usurious interest under section 687.071(2) and (3) because a defendant so employed or associated with an enterprise receiving usurious interest would also be guilty of a violation of section 687.071(2) or (3)....

...ingful definitional difference between the crime of "receiving" usurious interest under the criminal usury statute (section 687.071(2) and (3)) and the crime of "collection" of usurious interest (an unlawful or unenforceable debt under the RICO Act (section 895.03(3)) leads to the conclusion that by the enactment of section 895.03(3) relating to the collection of an unlawful debt, the legislature did not intend to create a distinct and new substantive crime punishable separate, apart and in addition to, the punishment for the preexisting crime of "receiving" usurious interest in violation of the usury statutes sections 687.071(2) and (3)....

...on were ineffective; (5) the RICO charge in Count 5 of the collection of an unlawful debt failed to allege ultimate facts to adequately describe the debt and establish the unlawful nature of the debt. We further hold that to the extent that sections 895.03(3) and 895.02(2) involve the collection of a debt unlawful because of a violation of the usury statute, the legislature did not intend or attempt to create a separate substantive crime duplicative of the felony charge of receiving a usurious rate of interest under section 687.071(3), Florida Statutes....

...When interest over 18% but under 25% per annum is charged, the debt for the interest is legally unenforceable and possibly constitutes an "unlawful debt" under section 895.02(2), Florida Statutes, and its collection a prohibited criminal activity under the RICO Act section 895.03(3), Florida Statutes, although the principal loaned is a lawful and enforceable debt....

....071(2) and the underlying loan principal, while not criminalized by the usury statute, is made legally unenforceable by section 687.071(7), and possibly constitutes an "unlawful debt" under section 895.02(2) the collection of which is a crime under section 895.03(3)....

...Charging, taking or receiving interest over 45% per annum is a third degree felony under section 687.071(3) and the underlying loan principal is also a legally unenforceable under section 687.071(7) and possibly an "unlawful debt" under section 895.02(2) the collection of which is a crime under RICO section 895.03(3)....

...Second, the record contains sufficient evidence to prove that: (1) Top 6 was an enterprise; (2) the defendant was asso- *876 dated with that enterprise; (3) he committed the predicate acts; and (4) the predicate acts were connected to the enterprise. See Vargas v. State, 34 So.3d 44, 47-48 (Fla. 4th DCA 2010); see also § 895.03, Fla....

...Townshend passed a fraudulently written check, thereby obtaining goods from an office supply store. Consequently, this conviction must be vacated as well. In all other respects, the convictions are affirmed. AFFIRMED in part, REVERSED in part, and REMANDED. PLEUS, ORFINGER and EVANDER, JJ., concur. . § 895.03(3), Fla....

...stitute two separate incidents despite their temporal proximity to one another. A defendant may be convicted of racketeering when he is associated with an enterprise and participates in that enterprise through a pattern of racketeering activity. § 895.03(3), Fla....

...2d DCA 1991) (reversing defendant’s convictions for racketeering, securities fraud, and grand theft where state “failed to show mens rea to tie [the defendant] to the criminal acts”). Reversed. ALLEN, DAVIS, and BENTON, JJ., concur. . The state charged appellant with violating the racketeering statute, see § 895.03, Fla....

...rged insurers for repair work which was not performed or was unnecessary. We affirm all of his convictions and limit our discussion to his argument that there was insufficient evidence to support the “enterprise” requirement of our RICO statute. Section 895.03(3), Florida Statutes (1997), provides: 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....

convictions of one count of racketeering under section 895.03(3), Florida Statutes, and of seven counts of

...e text of revised Florida Rule of Criminal Procedure 3.701(d)(3). Id. We therefore find that the trial court used the correct scoresheet in calculating the appellant’s sentence. Affirmed. SCHOONOVER, C.J., and CAMPBELL, J., concur. . Racketeering, § 895.03(3), Fla.Stat....

...The State responds that the defendant’s medical practice satisfied the statutory definition of an enterprise and that his multiple convictions for delivery and trafficking satisfied the statute’s requirement of “racketeering.” We agree with the State. Section 895.03(3), Florida Statutes (2001) provides: “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...

...Bill McCollum, Attorney General, Tallahassee, and Timothy A. Freeland, Assistant Attorney General, Tampa, for Appellee. ALTENBERND, Judge. Eric Santiago appeals his judgments of conviction for racketeering and conspiracy to commit racketeering in violation of the Florida RICO Act. See § 895.03(3), (4), Fla....

subsection (1), subsection (2), or subsection (3). § 895.03, Fla. Stat. This language does not express the

...Weinacht also argues that the trial court erred in refusing to sever counts 8 and 9, possession of cocaine and drug paraphernalia. 1 We agree with both arguments and reverse. First, Weinacht argues that the State failed to prove a violation of RICO because it failed to establish the existence of an enterprise. Section 895.03(3), Florida Statutes (1993), provides: “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...

...sions did not allow the defendants to prepare a defense and exposed them to substantial danger of a new prosecution after conviction or acquittal. Finally, the trial court dismissed count 2 on the basis this count did not specify which subsection of section 895.03 the defendants were charged with conspiring to commit, and failed to include statutory citation to specific racketeering offenses. We reverse because count 2 of the instant information alleged an enterprise and specifically tracked the language of section 895.03(3)....

including one count of racketeering under section 895.03(3), Florida Statutes (2021), Florida’s Racketeer

...been obtained through a “pattern of racketeering activity.” To be subject to an injunction, these payments would have to be “proceeds derived, directly or indirectly, from a pattern of racketeering activity” in violation of Florida Statutes, section 895.03 (1985), or section 772.103, Florida Statutes (Supp.1986)....

Influenced and Corrupt Organizations Act (RICO)? § 895.03(3), Fla. Stat. (prohibiting “any person employed

...Smith, 532 So.2d 1112 (Fla. 2d DCA 1988); Masonoff v. State, 546 So.2d 72 (Fla. 2d DCA), review dismissed, 553 So.2d 1166 (Fla.1989). He observes that the state’s information in 1987 alleged that Mr. Howard, individually, was the “enterprise” for purposes of section 895.03(3), Fla....

...Accordingly, we affirm the convictions in both cases but vacate the sentences and remand for resentencing pursuant to the guidelines recommended or permitted range. AFFIRMED; Sentences VACATED; REMANDED. DAUKSCH and DIAMANTIS, JJ., concur. COWART, J., dissents with opinion. . § 895.03(3), one count of engaging in racketeering activity; § 895.03(4), one count of conspiracy to commit racketeering; § 817.034(4), two counts of organized fraud; § 517.07, thirty counts of selling unregistered securities; § 517.-301, twenty counts of securities fraud; § 895.-03(1), two counts of receiving proceeds derived from racketeering activity....

...in more detail than many RICO cases. The Florida RICO statute makes it a crime for a person employed by or associated with any enterprise to conduct or participate directly or indirectly in such enterprise through a pattern of racketeering activity. § 895.03(3), Florida Statutes....

...orida Statutes (1981), is unconstitutional. We reverse. The appellant, the State of Florida, filed an information charging the appellee, Michael Sanford Shirah, with five counts of bookmaking in violation of section 849.25 and one count of violating section 895.03, Florida Statutes (1981)....

...Finding that Freeman would not have an adequate remedy on appeal and that the trial court departed from the essential requirements of the law, we grant certiorari and reverse the order under review. Freeman was charged with twenty counts of violating Florida’s Racketeer Influenced and Corrupt Organization Act (RICO), section 895.03(4), Florida Statutes (1985), and one count of conspiracy to do so....

which provided the predicate offenses for the section 895.-03 RICO conviction were bookmaking, violations

...§ 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)....

...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). Wisconsin does not apply its own law to deaths that happen outside of the state. 2 Id. § 895.03; see also 2 Wisconsin’s wrongful death statute provides: Whenever the death of a person shall be caused by a wrongful act, neglect or default and the act, neglect or default is such as would, if death had not...

...6  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, ....

...would have been liable, if death had not ensued, shall be liable to an action for damages notwithstanding the death of the person injured; provided, that such action shall be brought for a death caused in this state. Wis. Stat. § 895.03 (emphasis added). 3 Florida’s wrongful death statute provides: Damages may be awarded as follows: (1) Each survivor may recover the value of lost support and services from the date of the de...

...Wisconsin’s wrongful death statute has a strict territorial limitation; the statute and the accompanying damages cap do not apply to deaths caused outside of Wisconsin. Waranka, 847 N.W.2d at 329 (“[T]he plain language of the wrongful death statute, Wis. Stat. § 895.03, prevents its application to deaths caused outside of the state.”). If a Wisconsin plaintiff brings a wrongful death action against a Wisconsin defendant in a Wisconsin forum, the court will nonetheless apply the law of the state where the death was caused....

...her with the intent to either temporarily or permanently deprive the victim of his or her right to the property. 11 In addition, multiple violations of criminal usury and theft statutes may form the basis of a criminal racketeering prosecution under section 895.03 , Florida Statutes, provided all the other elements of the offense are established....

...by law shall be paid or agreed to be paid; and (4) the existence of a corrupt intent to take more than the legal rate for the use of the money loaned. See, Rollins v. Odom, supra, and Dixon v. Sharp, supra . 11 See, s. 812.014 , Fla. Stat. 12 See , s. 895.03 , Fla. Stat., which prohibits engaging in a pattern of racketeering activities as defined in s. 895.02 , Fla. Stat. And see, s. 895.04 , Fla. Stat., imposing criminal penalties for violations of s. 895.03 ....

...Knox in Miami, Florida;  giving perjured testimony in connection with “a civil court proceeding in Miami”; and 3   tampering with “potential witnesses in Miami.” The complaint asserts five causes of action. 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 severe emotional distress; Count IV claims defamation; and Count V claims a conspiracy....

...Counts III and IV, the established jurisdictional facts are insufficient to bring this action within the ambit of the long-arm statute. The same result obtains for the remaining three counts of the complaint— Count I claiming violation of section 895.03(1), (2), and (3) of the Florida Statutes—Florida’s RICO act7; Count II claiming violation of section 895.03(4) of world, at any time, to engage in any plan, scheme, or action to defame or threaten Plaintiffs through websites, internet blogs, or the posting of comments on such websites or internet blogs or otherwise. 7 See de la Osa v. State, 158 So. 3d 712, 721-22 (Fla. 4th DCA 2015), which explains: Section 895.03(3), Florida Statutes (2003), the substantive RICO charge ....

...directly or indirectly, in such enterprise through a pattern of racketeering activity or the collection of an unlawful debt. Section 895.02, Florida Statutes (2003), defines the terms contained in section 895.03(3) and (4): • “Racketeering activity” means “to commit, to attempt to commit, to conspire to commit, or to solicit, coerce, or intimidate another person to commit” any crime...

...(2003). The statute implicated in [a] conspiracy to commit RICO charge . . . provides: (4) It is unlawful for any person to conspire or endeavor to violate any of the provisions of ... subsection (3). § 895.03(4), Fla....

...property from one or more persons by false or fraudulent pretenses, representations, or promises or willful misrepresentations of a future act.” § 817.034(3)(d), Fla. Stat. (2003). (Footnote omitted). 8See § 895.03(4), Fla. Stat. (2014) (making it illegal to conspire to violate sections 895.03(1), (2), or (3)). 10 existence of a conspiracy.9, 10 These three counts rely on the same factual predicate claiming that the Barbados defendants engaged in a conspiracy and a pattern of racketeering by: a....

...h type. It is so ordered. ANSTEAD, C.J., and WELLS, PARIENTE, LEWIS, QUINCE, CANTERO, and BELL, JJ., concur. APPENDIX Proposal 1. Revised instructions on RICO offenses 26.2 RICO — USE OR INVESTMENT OF PROCEEDS FROM PATTERN OF RACKETEERING ACTIVITY § 895.03(1), Fla.Stat....

...As to the issue of whether an individual can be an enterprise, see State v. Nishi, 521 So.2d 252 (Fla. 3d DCA 1988) and State v. Bowen, 413 So.2d 798 (Fla. 1st DCA 1983). 26.3 RICO — USE OR INVESTMENT OF PROCEEDS FROM COLLECTION OF UNLAWFUL DEBT § 895.03(1), Fla.Stat....

...As to the issue of whether an individual can be an enterprise, see State v. Nishi, 521 So.2d 252 (Fla. 3d DCA 1988) and State v. Bowen, 413 So.2d 798 (Fla. 1st DCA 1983). 26.4 RICO — ACQUISITION OR MAINTENANCE THROUGH PATTERN OF RACKETEERING ACTIVITY § 895.03(2), Fla.Stat....

...As to the issue of whether an individual can be an enterprise, see State v. Nishi, 521 So.2d 252 (Fla. 3d DCA 1988) and State v. Bowen, 413 So.2d 798 (Fla. 1st DCA 1983). 26.5 RICO — ACQUISITION OR MAINTENANCE THROUGH COLLECTION OF UNLAWFUL DEBT § 895.03(2), Fla.Stat....

...As to the issue of whether an individual can be an enterprise, see State v. Nishi 521 So.2d 252 (Fla. 3d DCA 1988) and State v. Bowen, 413 So.2d 798 (Fla. 1st DCA 1983). 26.6 RICO — CONDUCT OF OR PARTICIPATION IN AN ENTERPRISE THROUGH COLLECTION OF UNLAWFUL DEBT § 895.03(3), Fla.Stat....

...As to the issue of whether an individual can be an enterprise, see State v. Nishi, 521 So.2d 252 (Fla. 3d DCA 1988) and State v. Bowen, 413 So.2d 798 (Fla. 1st DCA 1983). 26.7 RICO — CONDUCT OF OR PARTICIPATION IN AN ENTERPRISE THROUGH A PATTERN OF RACKETEERING ACTIVITY § 895.03(3), Fla.Stat....

...State, 765 So.2d 39 (Fla.2000). As to the issue of whether an individual can be an enterprise, see State v. Nishi, 521 So.2d 252 (Fla. 3d DCA 1988) and State v. Bowen, 413 So.2d 798 (Fla. 1st DCA 1983). 26.8 CONSPIRACY TO ENGAGE IN PATTERN OF RACKETEERING ACTIVITY § 895.03(4), Fla.Stat....

...He appeals. The purpose of the Florida RICO statute is to punish those who engage in a pattern of criminal activity more severely than those who commit only unrelated predicate offenses. Carroll v. State, 459 So. 2d 368, 370 (Fla. 5th DCA 1984). Pursuant to the Florida RICO statute, section 895.03(3), Florida Statutes (2007): 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....

...Since there is no issue to be considered on direct appeal, we dismiss. This dismissal is without prejudice to Shurman to present any claims pursuant to Florida Rule of Criminal Procedure 3.850, such as ineffective assistance of counsel. DISMISSED. GRIFFIN, C. J., and PETERSON, J., concur. . § 895.03(3), Fla....

...Appellant appeals his judgment and sentences for conspiracy to traffic in more than one hundred pounds of marijuana, trafficking in more than two thousand pounds of marijuana and racketeering pursuant to the Florida Racketeer Influenced and Corrupt Organization Act (RICO), section 895.03(3), Florida Statutes (1981)....

PER CURIAM. On a theory that the defendant’s six criminal episodes over a seventy-day period constituted a “one-man crime wave” in violation of Florida’s criminal RICO statute, section 895.03, Florida Statutes (1985), the State consolidated all eighteen felony counts for a single trial....

...unt to 192 months in prison, followed by two years of community control, followed by ten years of probation, with all sentences to run concurrently. -9-  The Statutory Provisions at Issue Section 895.03(3), Florida Statutes (2003), the substantive RICO charge in Count I, provides: (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. Section 895.02, Florida Statutes (2003), defines the terms contained in section 895.03(3) and (4): •“Racketeering activity” means “to commit, to attempt to commit, to conspire to commit, or to solicit, coerce, or intimidate another person to commit” any crime chargeable by indictment or...

...Chapter 812, Florida Statutes, grand theft and dealing in stolen property, and thirty-four federal crimes, mail fraud and wire fraud, chargeable under 18 U.S.C. § 1341 and 18 U.S.C. § 1343. See § 895.02(1)(a)32, (b), Fla. Stat. (2003). - 10 - § 895.03(4), Fla....

...committing two or more predicate crimes. Id. The type of conspiracy in this case fell under RICO’s broad definition of an “enterprise.” To say that there was a RICO “enterprise” does not end the inquiry. To prove a substantive racketeering charge under section 895.03(3), the State must prove the defendant’s “(1) conduct or participation in an enterprise[] through (2) a pattern of racketeering activity.” Doorbal v....

...ssion. Boyd v. State, 389 So. 2d 642, 648 (Fla. 2d DCA 1980). Because the definition of “racketeering activity” in section 892.02(1) includes “conspir[ing] to commit” enumerated crimes, the State can establish a substantive RICO charge under section 895.03(3) “by proving that defendants conspired to commit predicate acts of racketeering activity.” State v....

PER CURIAM. Levenstein petitions this Court for leave to resign from The Florida Bar without leave to apply for readmission. The Bar recommends that the petition be accepted. In 1983 Levenstein pleaded guilty to violating section 895.03, Florida Statutes (1983), by transporting large sums of cash gained from his clients’ drug-smuggling conspiracy to the Bahamas for deposit and subsequent transfer to specified foreign corporations....

...Accordingly, we affirm the trial court’s suppression order. AFFIRMED. PETERSON and PLEUS, JJ., concur. . The instant appeal is moot as to appellee Diane Fratello because Fratello entered a plea in the underlying criminal prosecution and was sentenced accordingly. . See § 895.03(3) Fla....

...Further, instructions 26.2, 26.4, and 26.7 are amended to instruct on the issue of timing of the offense if there is no express stipulation regarding dates. In addition, the title to instruction 26.5 is updated to reflect the offense charged under section 895.03(2), Florida Statutes (2019), to provide “RICO— Acquisition or Maintenance of an Interest in or Control of [an Enterprise] [Real Property] Through Collection of Unlawful Debt.” Lastly, instruction 26.8 is further amended...

...NO. None Attempt 777.04(1) 5.1 Comments This instruction was adopted in 2009 [6 So. 3d 574] and amended in 2019. 26.2 RICO — USE OR INVESTMENT OF PROCEEDS FROM PATTERN OF RACKETEERING ACTIVITY § 895.03(1), Fla._Stat. To prove the crime of Unlawful Use or Investment of Proceeds from a Pattern of Racketeering Activity, the State must prove the following four elements beyond a reasonable doubt: Elements #1 and #2 need to be reworded if only two incidents of racketeering conduct are alleged. 1....

...fenses No lesser included offenses have been identified for this offense. Comments *In State v. Nishi, 521 So. 2d 252 (Fla. 3d DCA 1988), the Third District Court of Appeal held that for purposes of § 895.03(2), Fla. Stat., a person cannot be employed or associated with himself. **In State v. Bowen, 413 So. 2d 798 (Fla. 1st DCA 1982), the First District Court of Appeal held that for purposes of § 895.03(2), Fla....

...Nishi, 521 So.2d 252 (Fla. 3d DCA 1988), and State v. Bowen, 413 So.2d 798 (Fla. 1st DCA 1983). - 10 -  26.3 RICO — USE OR INVESTMENT OF PROCEEDS FROM COLLECTION OF UNLAWFUL DEBT § 895.03(1), Fla._Stat. To prove the crime of Unlawful Use or Investment of Proceeds from Collection of Unlawful Debt, the State must prove the following two elements beyond a reasonable doubt: 1....

...fenses No lesser included offenses have been identified for this offense. Comments *In State v. Nishi, 521 So. 2d 252 (Fla. 3d DCA 1988), the Third District Court of Appeal held that for purposes of § 895.03(2), Fla. Stat., a person cannot be employed or associated with himself. **In State v. Bowen, 413 So. 2d 798 (Fla. 1st DCA 1982), the First District Court of Appeal held that for purposes of § 895.03(2), Fla....

...3d DCA 1988), and State v. Bowen, 413 So.2d 798 (Fla. 1st DCA 1983). 26.4 RICO — ACQUISITION OR MAINTENANCE OF AN INTEREST IN OR CONTROL OF [AN ENTERPRISE] [REAL PROPERTY] THROUGH A PATTERN OF RACKETEERING ACTIVITY § 895.03(2), Fla._Stat. To prove the crime of Unlawfully [Acquiring] [Maintaining] an Interest in or Control of [an Enterprise] [Real Property] Through a Pattern of - 12 - Racketeering Activity, the St...

...fenses No lesser included offenses have been identified for this offense. Comments *In State v. Nishi, 521 So. 2d 252 (Fla. 3d DCA 1988), the Third District Court of Appeal held that for purposes of § 895.03(2), Fla. Stat., a person cannot be employed or associated with himself. **In State v. Bowen, 413 So. 2d 798 (Fla. 1st DCA 1982), the First District Court of Appeal held that for purposes of § 895.03(2), Fla....

...Bowen, 413 So.2d 798 (Fla. 1st DCA 1983). - 14 -  26.5 RICO — ACQUISITION OR MAINTENANCE OF AN INTEREST IN OR CONTROL OF [AN ENTERPRISE] [REAL PROPERTY] THROUGH COLLECTION OF UNLAWFUL DEBT § 895.03(2), Fla._Stat. To prove the crime of Unlawfully [Acquiring] [Maintaining] an Interest in or Control of [an Enterprise] [Real Property], the State must prove the following two elements beyond a reasonable doubt: 1....

...fenses No lesser included offenses have been identified for this offense. Comments *In State v. Nishi, 521 So. 2d 252 (Fla. 3d DCA 1988), the Third District Court of Appeal held that for purposes of § 895.03(2), Fla. Stat., a person cannot be employed or associated with himself. **In State v. Bowen, 413 So. 2d 798 (Fla. 1st DCA 1982), the First District Court of Appeal held that for purposes of § 895.03(2), Fla....

...As to the issue of whether an individual can be an enterprise, see State v. Nishi, 521 So.2d 252 (Fla. 3d DCA 1988), and State v. Bowen, 413 So.2d 798 (Fla. 1st DCA 1983). 26.6 RICO — CONDUCT OF OR PARTICIPATION IN AN ENTERPRISE THROUGH COLLECTION OF UNLAWFUL DEBT § 895.03(3), Fla._Stat. To prove the crime of Unlawfully [Conducting] [Participating in] an Enterprise Through Collection of an Unlawful Debt, the State must prove the following two elements beyond a reasonable doubt: 1....

...fenses No lesser included offenses have been identified for this offense. Comments *In State v. Nishi, 521 So. 2d 252 (Fla. 3d DCA 1988), the Third District Court of Appeal held that for purposes of § 895.03(2), Fla. Stat., a person cannot be employed or associated with himself. **In State v. Bowen, 413 So. 2d 798 (Fla. 1st DCA 1982), the First District Court of Appeal held that for purposes of § 895.03(2), Fla....

...As to the issue of whether an individual can be an enterprise, see State v. Nishi, 521 So.2d 252 (Fla. 3d DCA 1988), and State v. Bowen, 413 So.2d 798 (Fla. 1st DCA 1983). 26.7 RICO — CONDUCT OF OR PARTICIPATION IN AN ENTERPRISE THROUGH A PATTERN OF RACKETEERING ACTIVITY § 895.03(3), Fla._Stat. To prove the crime of Unlawfully [Conducting] [Participating in] an Enterprise Through a Pattern or Racketeering Activity, the State must prove the following three elements beyond a reasonable doubt: 1....

...fenses No lesser included offenses have been identified for this offense. Comments *In State v. Nishi, 521 So. 2d 252 (Fla. 3d DCA 1988), the Third District Court of Appeal held that for purposes of § 895.03(2), Fla. Stat., a person cannot be employed or associated with himself. **In State v. Bowen, 413 So. 2d 798 (Fla. 1st DCA 1982), the First District Court of Appeal held that for purposes of § 895.03(2), Fla....

...individual can be an enterprise, see State v. Nishi, 521 So.2d 252 (Fla. 3d DCA 1988), and State v. Bowen, 413 So.2d 798 (Fla. 1st DCA 1983). 26.8 CONSPIRACY TO ENGAGE IN PATTERN OF RACKETEERING ACTIVITY § 895.03(4), Fla._Stat. A “"conspiracy"” is a combination or agreement of two or more persons to join together to attempt to accomplish an offense which would be in violation of the law....

...fenses No lesser included offenses have been identified for this offense. Comments *In State v. Nishi, 521 So. 2d 252 (Fla. 3d DCA 1988), the Third District Court of Appeal held that for purposes of § 895.03(2), Fla. Stat., a person cannot be employed or associated with himself. **In State v. Bowen, 413 So. 2d 798 (Fla. 1st DCA 1982), the First District Court of Appeal held that for purposes of § 895.03(2), Fla....

PER CURIAM. The state challenges the trial court’s order dismissing the charges filed against the ap-pellee, Pedro R. Gonzalez. We reverse. Appellee was charged by information with one count of RICO in violation of section 895.03(3), Florida Statutes (1993), and three counts of cashing or depositing an item with intent to defraud in violation of section 832.05(3), Florida Statutes (1993)....

...We note that all of these lewdness offenses, except for the one dealing with children, constitute misdemeanors. . See § 796.07(2)(a) and (c), Fla.Stat. (1991). 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....

...tion, and we affirm Richard’s judgment and sentence on all counts. On April 26, 1989, the state filed an amended information charging Teddy, Richard, and Terry Johnson (a codefendant not a party to this appeal) with: (I) violation of the RICO Act, section 895.03, Florida Statutes (1987); (II) trafficking in 100 pounds or more of cannabis, section 893.-135, Florida Statutes (1987); and (III) conspiracy to traffic in 100 pounds or more of cannabis, sections 893.135, 777.04, Florida Statutes (1987)....

...Telfare moved for a judgment of acquittal on all counts in which he was charged; however, the trial judge denied the motion as it related to the RICO and conspiracy counts. . The Florida RICO Act is contained in sections 895.01-895.06, Florida Statutes (1985). Section 895.03(3) states: "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_” Section 895.02(4) defines "p...

...1 This claim is cognizable in a rule 3.800(a) motion. See Bradley v. State, 998 So.2d 1213, 1214 (Fla. 4th DCA 2009). We conclude that Gautreaux is entitled to be resentenced on two of the counts. In count two of the information, Gau-treaux was charged with racketeering pursuant to section 895.03(3), Florida Statutes (1997). In count three, he was charged with conspiracy to commit racketeering pursuant to section 895.03(4), and in count four, he was charged with conspiracy to traffic in more than twenty-eight grams but less than thirty kilograms of heroin pursuant to section 893.135(l)(c)(l)(c), Florida Statutes (1997)....

...on certain telephone numbers including those listed in the name of appellee Rivers’ husband and three escort businesses that Rivers operated. As a result of the intercepted communications, the State charged all of the appellees with violations of section 895.03, Florida Statutes (1991) (RICO), a first degree felony, and section 796.07(3)(a), Florida Statutes (1991) (prostitution), a misdemeanor....

...ry hearing or to attach excerpts from the record conclusively demonstrating that Mr. Ellington is entitled to no relief. Mr. Ellington was convicted of two counts of racketeering and one count of conspiracy to commit racketeering in contravention of section 895.03(3), (4), Florida Statutes, [1] together with numerous counts of grand theft and collecting an advance fee from a borrower to provide services as a loan broker....

commit racketeering, in violation of section 895.03(1) and/or (4), Florida Statutes (2022)

...4th DCA 2005). “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.” § 895.03(3), Fla....

...accomplices, victims, or methods of commission or that otherwise are interrelated by distinguishing characteristics and are not isolated incidents.” § 895.02(4), Fla. Stat. (2008) (emphasis added). So, to convict a defendant of racketeering under section 895.03(3), Florida Statutes, the State must prove that the defendant participated in an enterprise through a pattern of racketeering conduct....