The 2023 Florida Statutes (including Special Session C)
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. . . Forfeiture Act ("the Act"), the Florida Racketeer Influenced and Corrupt Organizations Act ("RICO"), section 895.05 . . .
. . . used in the course of, derived from, or realized through” racketeering activity, see sections 895.01-895.05 . . . last of such incidents occurred within 5 years after a prior incident of racketeering conduct Section 895.05 . . . the course of, derived from, or realized through conduct in violation of a provision of ss. 895.01-895.05 . . . course of, or which was derived from or realized through, a pattern of racketeering activity, See § 895.05 . . .
. . . . § 895.05(10), Fla. Stat. (2003). . . . offenses is five years from the date of commission of the crime as to the racketeering charge, section 895.05 . . . Section 895.05(10), Florida Statutes (2003), provides in pertinent part: "Notwithstanding any other provision . . .
. . . authority to order forfeiture of property for violations of [the gambling laws] is found within F.S. 895.05 . . .
. . . . § 895.05; see Network Services, 617 F.3d at 1144-45 (requiring disgorgement of fees based on constructive . . . Stat. § 895.05; Hudson National Bank v. . . .
. . . . § 895.05(2) requires a plaintiff in a defamation suit against a media source to provide notice of the . . . testified that she sent one, her description of the letter’s content could not establish compliance with § 895.05 . . . Barlass, but even by her account the letter she sent did not comply with the notice requirement of § 895.05 . . .
. . . .” § 895.05(18). It does not necessarily mean “secure” detention. . . .
. . . appeal a final order denying their motion for criminal attorney’s fees and costs pursuant to section 895.05 . . . dismissal of the civil RICO action,'and the Marks made a motion for attorney’s fees, pursuant to section 895.05 . . . This case is governed by subsections 895.05(5) and (7), Floridá Statutes. . . . Section 895.05(7), governing civil RICO actions, states, in relevant part: The Department of Legal Affairs . . . finding that the claimant raised a claim which was without substantial factual or legal support. § 895.05 . . .
. . . See § 895.05, Fla. Stat. (2005); Ruth v. . . .
. . . against Walter Smith, his attorneys and their law firms in circuit court pursuant to sections 57.105 and 895.05 . . . Viragen also sought fees pursuant to section 895.05(7), for bringing a frivolous civil RICO claim. . . . without such support in both fact and law, and thus also properly awarded fees pursuant to section 895.05 . . .
. . . She could choose a 30 year plan and pay between $895.05 per month and $928.95 per month, and her total . . .
. . . civil RICO are barred by the five-year statute of limitations, according to sections 812.035(10)and 895.05 . . .
. . . See §§ 895.04, 895.05, Fla. Stat. (2000). . . . “The civil remedies of section 895.05 are available for violations of chapter 895, which primarily targets . . . See § 895.05(3), Fla. Stat. . . . To meet those two duties we interpret section 895.05(3), allowing seizure “upon court process,” to mean . . .
. . . Florida Statutes (2000), which reads in part: If, pursuant to the civil enforcement provisions of s. 895.05 . . .
. . . , through the Department of Legal Affairs, initiated a civil suit which sought relief under section 895.05 . . . pursuant to section 895.06(2), which provides: If, pursuant to the civil enforcement provisions of s. 895.05 . . .
. . . Section 895.05(6), Florida Statutes, (1999) states, in pertinent part: [R]elief shall be granted in conformity . . .
. . . Stat. ch. 895.05(6) (1997). . . .
. . . money, and personal property derived from proceeds of alleged criminal activities pursuant to section 895.05 . . . the course of, derived from, or realized through conduct in violation of a provision of ss. 895.01-895.05 . . . is subject to civil forfeiture to the state. § 895.05(2)(a), Fla. . . . Subsection 895.05(5) states: The Department of Legal Affairs, any state attorney, or any state agency . . . actions, including the acceptance of satisfactory performance bonds, as the court may deem proper. ’ § 895.05 . . .
. . . . § 895.05(2). . . .
. . . concerning the relationship between sections 895.01-.06, Florida Statutes (“RICO”), in particular section 895.05 . . . The complaint sought forfeiture pursuant to subsection 895.05(2) of two parcels of real property, one . . . See § 895.05(5) Fla. Stat. (1995). . . . Subsection (5) of section 895.05, Florida Statutes, states in part: Pending final determination, the . . . Section 895.05(5), Florida Statutes (1993), states: (5) The Department of Legal Affairs, any state attorney . . .
. . . or income derived from or used during the course of racketeering are subject to forfeiture under § 895.05 . . .
. . . The State's request for forfeiture was based on section 895.05(2), Florida Statutes (1989), which provides . . . the course of, derived from, or realized through conduct in violation of a provision of ss. 895.01-895.05 . . . PROPERTY AS BETWEEN THE STATE AND THE DEFENDANT IN A CIVIL FORFEITURE ACTION BROUGHT PURSUANT TO SECTION 895.05 . . . The State sought various forms of relief provided by section 895.05, Florida Statutes (1989), including . . . See Id. § 895.05; see also Delisi v. . . . See § 895.05(2)(a), Fla. Stat.; see also Department of Law Enforcement, 588 So.2d at 966. . . .
. . . Stat. 895.05(2); Hucko v. Jos. Schlitz Brewing Co., 100 Wis.2d 372, 302 N.W.2d 68 (App.1981). . . .
. . . an electronic bulletin board located on “SportsNet” was a periodical within the meaning of section 895.05 . . . In holding that the posting was not a periodical, the court stated: [S]ubsec. (2) of § 895.05, STATS. . . . Therefore, we conclude that extending the definition of ‘periodical’ under § 895.05(2), STATS., to include . . .
. . . said properties without prior approval of the Court, during the pendency of this action, under Section 895.05 . . . Section 895.05, Florida Statutes (1989), delineates the following civil remedies under the Florida RICO . . . Furthermore, section 895.05(2) provides for civil forfeiture of property and states: “All property, real . . . the course of, derived from, or realized through conduct in violation of a provision of ss. 895.01-895.05 . . . The state argues that section 895.05(1), Florida Statutes (1989), grants any circuit court in the State . . .
. . . . § 895.05(7). . . . granting attorney’s fees to plaintiffs as prevailing Florida RICO defendants pursuant to Fla.Stat. § 895.05 . . .
. . . 1993, appellees filed a second motion seeking attorney’s fees pursuant to sections 57.105, 772.104 and 895.05 . . . correctly contend, the trial court’s award of attorney’s fees was also based on sections 772.104 and 895.05 . . . Section 895.05(7), Florida Statutes (1998), contains a virtually identical provision, with the sole variation . . . for determining entitlement to attorney’s fees is slightly less stringent under sections 772.104 and 895.05 . . . would be obligated to pay the opposing party’s attorney’s fees, section 772.104 (and presumably section 895.05 . . .
. . . The RICO Act considered in Caggiano concerned a state forfeiture statute, § 895.05(2)(a), Florida Statutes . . .
. . . Fla.Stat. (1989) (State’s expenses in processing insurance claims include investigative expenses); § 895.05 . . .
. . . .-104, enacted in 1986 to correct problems resulting from including its RICO predecessor, section 895.05 . . .
. . . Petitioners seek to prohibit their further prosecution for violation of section 895.05(3), Florida Statutes . . . essence a new prosecution and thus filed beyond the five year racketeering statute of limitations. § 895.05 . . . The legislature expressly provided a five year limitation for such prosecution. § 895.05(10), Fla. . . .
. . . .-104 and 895.05(7), Florida Statutes (1991), and pursuant to section 57.105, Florida Statutes (1991) . . .
. . . grounds that the property was “used” in the course of racketeering activity in violation of section 895.05 . . . the course of, derived from, or realized through conduct in violation of a provision of ss. 895.01-895.05 . . . is subject to civil forfeiture to the state. § 895.05(2)(a), Fla.Stat. (1989). . . .
. . . See, e.g„ §§ 27.56(1)(a); 45.061(3)(a); 253.03(13); 373.129(6); 489.132(3) 631.54(5); 895.05(7); 895.07 . . .
. . . April 13, 1990, the state filed RICO lien notices against appellees’ properties pursuant to section 895.05 . . . argues that section 895.07(9) is effective when only a RICO lien notice has been filed and that section 895.05 . . . Section 895.05(5) provides in pertinent part that “[i]n any action brought under this section, the circuit . . . Under section 895.05(5), the court has the authority to, at any time, enter injunctions, prohibitions . . . had no authority to grant the state’s motion when, in fact, it did have such authority under section 895.05 . . .
. . . Sections 895.05(3) and 895.05(4), Florida Statutes (1985). . . . .
. . . offenses is five years from the date of commission of the crime as to the racketeering charge, section 895.05 . . .
. . . . § 895.05(7), applicable to this law suit, tracked the federal treble damage provision. . . . .
. . . Consequently, the state sought forfeiture of the appellant’s homestead pursuant to section 895.05(2)( . . .
. . . This lien notice was authorized under section 895.05(12)(a), Florida Statutes (1989), of the RICO Act . . . A lien notice under section 895.05(12)(a) is obtained as follows: [T]he Department of Legal Affairs, . . . The State’s section 895.05(12)(a) RICO lien notice was recorded on May 16, 1989. . . . (12)(a) notice, in accordance with the requirements of section 895.05(12)(e). . . . See §§ 48.23, 895.05(2)(b), Fla.Stat. (1989). . . .
. . . not undertake a criminal investigation, arrest him, or seek a cease and desist order under section 895.05 . . .
. . . , et seq., has been interpreted as permitting a court to issue a temporary injunction under section 895.05 . . . Section 895.05(6) provides relief against unlawful violations of the RICO Act. § 895.05(1), Fla.Stat. . . . court to issue such injunctions “after making due provisions for the rights of innocent persons.” § 895.05 . . . she is not alleged to have violated the RICO Act, she is an “innocent person” under the statute. § 895.05 . . . under the RICO Act, the trial court must make “due provisions for the rights of innocent persons.” § 895.05 . . .
. . . Florida Statutes, § 895.05(10). . . . Defendant is also correct in pointing out that Florida Statutes § 895.05(7) does not authorize the recovery . . . In her response to Defendant’s motion to dismiss, Knight quotes Florida Statutes, § 895.05(7) (1987) . . . Florida Statutes, § 895.05(7) (1987) and (1989) reads: The state, including any of its agencies, instrumentalities . . . Section 895.05(7) will not support an award of attorneys’ fees for Plaintiff. . . .
. . . Stat. (1989) (making racketeering a first-degree felony) and § 895.05(2), Fla.Stat. (1989) (authorizing . . .
. . . . §§ 772.104, 812.035, 895.05, these exclusions involve civil redress for actions in which punitive damages . . .
. . . appellant argues that this statute was procedural in nature, designed to correct problems in section 895.05 . . . 86-277, which created chapter 772, the legislature described the bill as, inter alia, “amending s. 895.05 . . . Section 895.05(7), Florida Statutes (1985), had provided private victims a civil remedy for the identical . . . designed to correct problems resulting from the inclusion of its RICO predecessor provision, section 895.05 . . . See § 772.17, Fla.Stat. (1987); § 895.05(10), Pla.Stat. (1981). . . .
. . . filed an additional civil complaint against appellant, seeking remedies under Sections 812.035 and 895.05 . . . appellee filed an “Amended Complaint” in the consolidated cases seeking forfeiture, pursuant to Sections 895.05 . . .
. . . With such amendment, the court finds the plaintiffs have standing under § 895.05 Florida Statutes (1987 . . .
. . . . § 895.05(7) (1984), 812.035(7) (Supp.1984), track the federal provision thereby making this rationale . . .
. . . . § 895.05(6), Fla.Stat. (1985). . . . The author distinguishes subsection 1 from subsection 6 of section 895.05 by suggesting that subsection . . . Section 895.05(1) sets forth a nonexclusive list of orders the court may issue to enjoin violations of . . . 15 (Fla.1982) (applying section 812.035(1), Florida Statutes (1977), which is identical to section 895.05 . . . Subsection (l)(d) of section 895.05 refers specifically to temporary relief, namely the suspension of . . . Southeast Bank, N.A., 490 So.2d 976 (Fla. 4th DCA 1986), which was the first judicial treatment of section 895.05 . . . Section 895.05(6) permits [an] aggrieved person [to] institute a proceeding under subsection (1). . . . Section 895.05(1) provides, in relevant part: Any circuit court may, after making due provision for the . . . In Finkelstein, the court construed section 895.05(6) as requiring the party seeking a preliminary injunction . . . As we read the plain language of the balance of section 895.05(6), the only requirements for a preliminary . . .
. . . contains an explicit provision for punitive damages: “Punitive damages, which are permitted in section 895.05 . . .
. . . theft statute, 812.085(6), Florida Statutes, as well as the Florida RICO statute, Florida Statutes, 895.05 . . .
. . . . § 1962(c) (the federal RICO Act); § 895.05 of the Florida Statutes (Florida RICO); Count VI, breach . . .
. . . . § 895.05) This count is the Florida counterpart to the federal RICO claim alleged in Count VIII. . . .
. . . Section 895.05, Florida Statutes, provides for forfeiture of real property and sets out the procedures . . .
. . . . § 895.05(7), which mandates an award of treble damages in the amount of $260,500.44. . . .
. . . The relevant limitation period is expressed in § 895.05(10), which states: Notwithstanding any other . . .
. . . Co., 281 So.2d 558 (Fla. 3d DCA 1973), cert. denied, 289 So.2d 737 (Fla. 1974); §§ 895.05(6), 812.035 . . .
. . . . § 895.05(7) which mandates an award of treble damages and, where appropriate, punitive damages. . . .
. . . . § 895.05(6), (7) (1985). In other words, RICO is not concerned with uniquely federal interests. . . .
. . . Florida Statutes (1983), and Florida’s RICO (Racketeer Influenced and Corrupt Organizations) Act, Section 895.05 . . . Section 895.05(6), Florida Statutes (1985), provides: Any aggrieved person may institute a proceeding . . .
. . . within a federal statute, the most analogous state statute of limitation is applied) and Fla.Stat. ss. 895.05 . . .
. . . . § 895.05(2). . . . Section 895.05(2) requires that before commencing a civil defamation action based on allegedly libelous . . .
. . . Punitive damages, which are permitted in section 895.05(7), are appropriate where fraudulent conduct . . .
. . . Count IV alleges violation of Florida Statutes § 943.462 and § 943.464, now § 895.03 and § 895.05, the . . . racketeering activity” sufficient to support a civil action under 18 U.S.C. § 1962 and Fla.Stat. § 895.05 . . .
. . . Section 895.05(1), Wis.Stats. . . . .
. . . . § 895.05 (1975). Application of the privilege varies from state to state. . . .
. . . dismissal is mandated by the plaintiff’s failure to comply with the Wisconsin Retraction Statute, Sec. 895.05 . . . Madison Newspapers, Inc., (1977), 81 Wis.2d 1, 3, 259 N.W.2d 691-describing 895.05(2) as “a prerequisite . . . conformity with the policy stated above, however, the court is satisfied that the Legislature intended § 895.05 . . . Sec. 895.05(1), Wis.Stats. Williams v. . . .
. . . Less collection from the Sanders Co- 10. 00 Loss on affiliated companies stock and receivables_ 71, 895.05 . . .
. . . In arriving at the loss of $56,186.33, plaintiff claimed deductions in his return of $132,-895.05 on . . .