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Florida Statute 895.04 - Full Text and Legal Analysis
Florida Statute 895.04 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 895.04 Case Law from Google Scholar Google Search for Amendments to 895.04

The 2025 Florida Statutes

Title XLVI
CRIMES
Chapter 895
OFFENSES CONCERNING RACKETEERING AND ILLEGAL DEBTS
View Entire Chapter
895.04 Criminal penalties and alternative fine.
(1) Any person convicted of engaging in activity in violation of the provisions of s. 895.03 is guilty of a felony of the first degree and shall be punished as provided in s. 775.082, s. 775.083, or s. 775.084.
(2) In lieu of a fine otherwise authorized by law, any person convicted of engaging in conduct in violation of the provisions of s. 895.03, through which the person derived pecuniary value, or by which he or she caused personal injury or property damage or other loss, may be sentenced to pay a fine that does not exceed 3 times the gross value gained or 3 times the gross loss caused, whichever is the greater, plus court costs and the costs of investigation and prosecution, reasonably incurred.
(3) The court shall hold a hearing to determine the amount of the fine authorized by subsection (2).
(4) For the purposes of subsection (2), “pecuniary value” means:
(a) Anything of value in the form of money, a negotiable instrument, or a commercial interest or anything else the primary significance of which is economic advantage; or
(b) Any other property or service that has a value in excess of $100.
History.s. 4, ch. 77-334; s. 1446, ch. 97-102.
Note.Former s. 943.463.

F.S. 895.04 on Google Scholar

F.S. 895.04 on CourtListener

Amendments to 895.04


Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 895.04
Level: Degree
Misdemeanor/Felony: First/Second/Third

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

Cases Citing Statute 895.04

Total Results: 9  |  Sort by: Relevance  |  Newest First

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United States v. George Tom Darby, Constantine Yamanis, Vincent Calise, & Michael Yamanis, 744 F.2d 1508 (11th Cir. 1984).

Cited 104 times | Published | Court of Appeals for the Eleventh Circuit

...§ 893.13(1)(b) (Supp.1984) (possession or sale of over 10 grams of narcotics punishable by up to 30 years’ imprisonment); Fla.Stat.Ann. § 893.13(1)(c)(1) (Supp.1984) (delivery of narcotics to minor punishable by up to 30 years’ imprisonment); Fla.Stat.Ann. § 895.04 (Supp.1984) (RICO violation punishable by up to 30 years’ imprisonment)....
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Stall v. State, 570 So. 2d 257 (Fla. 1990).

Cited 27 times | Published | Supreme Court of Florida | 1990 WL 154236

...And the penalty? — up to life in prison, heavy fines, and the possibility that the government may seek forfeiture of assets or property used to advance this "racketeering" activity. Compare § 895.02(1)(a)28, Fla. Stat. (1989) (making sale or possession of obscene materials a racketeering offense) with § 895.04(1), Fla....
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Ruth v. Dep't of Legal Affairs, 684 So. 2d 181 (Fla. 1996).

Cited 17 times | Published | Supreme Court of Florida | 1996 WL 681383

...Because the action is in personam, the federal district court does not need territorial jurisdiction over the real property sought in the forfeiture action. The same is not true in Florida. Florida's RICO statute does not make forfeiture a criminal penalty. See § 895.04, Fla....
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Shimek v. State, 610 So. 2d 632 (Fla. 1st DCA 1992).

Cited 7 times | Published | Florida 1st District Court of Appeal | 1992 WL 365772

...than facts the jury should assume had already been established. This last sentence of the instruction is also incorrect because the amended information charged four, not three, predicate offenses. Finally, the sentence misstates crucial language of section 895.04 which requires proof of predicate offenses that have: the same or similar intents, results, accomplices, victims, or methods of commission or that otherwise are interrelated by distinguishing characteristics and are not isolated incide...
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Bankers Ins. Co. v. State, 437 So. 2d 708 (Fla. 2d DCA 1983).

Cited 4 times | Published | Florida 2nd District Court of Appeal

...as never changed. Bankers correctly points out that there is an alternate fine under the new RICO Act where the court may, if it chooses, impose a fine up to three times the gross value gained or the loss caused by the defendants' criminal activity. § 895.04, Fla....
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Marks v. State, Dept. of Legal Affairs, 937 So. 2d 1211 (Fla. 4th DCA 2006).

Cited 1 times | Published | Florida 4th District Court of Appeal | 2006 WL 2683294

...Moreover, there is no statutory provision that would allow the Markses to recover, from the DLA, attorney's fees incurred in defending a criminal case instituted by the State Attorney's office, regardless of the validity of either case. The Markses fail to point to any case law to support their contention, and section 895.04, Florida Statutes, which controls criminal RICO actions, makes no provision for recovery of attorney's fees....
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Russell v. State, 675 So. 2d 961 (Fla. 1st DCA 1996).

Published | Florida 1st District Court of Appeal | 1996 Fla. App. LEXIS 6230, 1996 WL 270828

Stat. (1991). All were first-degree felonies. § 895.04(1), Fla. Stat. (1991). On the eve of trial, appellant
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Laura Goodloe v. Royal Caribbean Cruises, LTD. (11th Cir. 2021).

Published | Court of Appeals for the Eleventh Circuit

...§ 768.21 (allowing damages for 3 USCA11 Case: 19-14324 Date Filed: 06/21/2021 Page: 4 of 20 loss of companionship and mental pain and suffering). Wisconsin law would not have. See Wis. Stat. §§ 895.03, 895.04(4) (capping non-pecuniary damages in wrongful death actions to $350,000 for deaths that are caused within Wisconsin and providing no remedy for deaths that happen outside the state)....
...general maritime law and, depending on the remedies offered by state law, provide additional remedies. They disagree over which state’s law should apply. RCL argues for Wisconsin law, which caps non-pecuniary damages at $350,000 for wrongful deaths caused in Wisconsin. Wis. Stat. § 895.04(4)....
... USCA11 Case: 19-14324 Date Filed: 06/21/2021 Page: 7 of 20 Waranka v. Wadena Ins. Co., 847 N.W.2d 324, 329 (Wis. 2014) (“If no Wisconsin wrongful death cause of action arises under Wis. Stat. § 895.03, . . . Wis. Stat. § 895.04 terms and limitations do not apply.”)....
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Bordo, Inc. v. State, 627 So. 2d 561 (Fla. Dist. Ct. App. 1993).

Published | District Court of Appeal of Florida | 1993 Fla. App. LEXIS 11935, 1993 WL 492540

...Here again, we note that the suspected violation is a misdemeanor. . See § 823.01, Fla.Stat. (1991). Violations of this statute are also misdemeanors. . See § 895.03(3) and (4), Fla.Stat. (1991). Violations of this statute constitute a first degree felony. See § 895.04(1), Fla.Stat....

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