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Florida Statute 895.02 | Lawyer Caselaw & Research
F.S. 895.02 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 895
OFFENSES CONCERNING RACKETEERING AND ILLEGAL DEBTS
View Entire Chapter
F.S. 895.02
895.02 Definitions.As used in ss. 895.01-895.08, the term:
(1) “Beneficial interest” means any of the following:
(a) The interest of a person as a beneficiary under a trust established pursuant to s. 689.07 or s. 689.071 in which the trustee for the trust holds legal or record title to real property;
(b) The interest of a person as a beneficiary under any other trust arrangement pursuant to which a trustee holds legal or record title to real property for the benefit of such person; or
(c) The interest of a person under any other form of express fiduciary arrangement pursuant to which any other person holds legal or record title to real property for the benefit of such person.

The term “beneficial interest” does not include the interest of a stockholder in a corporation or the interest of a partner in either a general partnership or a limited partnership. A beneficial interest shall be deemed to be located where the real property owned by the trustee is located.

(2) “Civil proceeding” means any civil proceeding commenced by an investigative agency under s. 895.05 or any other provision of the Florida RICO Act.
(3) “Criminal proceeding” means any criminal proceeding commenced by an investigative agency under s. 895.03 or any other provision of the Florida RICO Act.
(4) “Documentary material” means any book, paper, document, writing, drawing, graph, chart, photograph, phonorecord, magnetic tape, computer printout, other data compilation from which information can be obtained or from which information can be translated into usable form, or other tangible item.
(5) “Enterprise” means any individual, sole proprietorship, partnership, corporation, business trust, union chartered under the laws of this state, or other legal entity, or any unchartered union, association, or group of individuals associated in fact although not a legal entity; and it includes illicit as well as licit enterprises and governmental, as well as other, entities. A criminal gang, as defined in s. 874.03, constitutes an enterprise.
(6) “Investigative agency” means the Department of Legal Affairs, the Office of Statewide Prosecution, or the office of a state attorney.
(7) “Pattern of racketeering activity” means engaging in at least two incidents of racketeering conduct that have the same or similar intents, results, accomplices, victims, or methods of commission or that otherwise are interrelated by distinguishing characteristics and are not isolated incidents, provided at least one of such incidents occurred after October 1, 1977, and that the last of such incidents occurred within 5 years after a prior incident of racketeering conduct.
(8) “Racketeering activity” means to commit, to attempt to commit, to conspire to commit, or to solicit, coerce, or intimidate another person to commit:
(a) Any crime that is chargeable by petition, indictment, or information under the following provisions of the Florida Statutes:
1. Section 210.18, relating to evasion of payment of cigarette taxes.
2. Section 316.1935, relating to fleeing or attempting to elude a law enforcement officer and aggravated fleeing or eluding.
3. Chapter 379, relating to the illegal sale, purchase, collection, harvest, capture, or possession of wild animal life, freshwater aquatic life, or marine life, and related crimes.
4. Section 403.727(3)(b), relating to environmental control.
5. Section 409.920 or s. 409.9201, relating to Medicaid fraud.
6. Section 414.39, relating to public assistance fraud.
7. Section 440.105 or s. 440.106, relating to workers’ compensation.
8. Section 443.071(4), relating to creation of a fictitious employer scheme to commit reemployment assistance fraud.
9. Section 465.0161, relating to distribution of medicinal drugs without a permit as an Internet pharmacy.
10. Section 499.0051, relating to crimes involving contraband, adulterated, or misbranded drugs.
11. Part IV of chapter 501, relating to telemarketing.
12. Chapter 517, relating to sale of securities and investor protection.
13. Section 550.235 or s. 550.3551, relating to dogracing and horseracing.
14. Chapter 550, relating to jai alai frontons.
15. Section 551.109, relating to slot machine gaming.
16. Chapter 552, relating to the manufacture, distribution, and use of explosives.
17. Chapter 560, relating to money transmitters, if the violation is punishable as a felony.
18. Chapter 562, relating to beverage law enforcement.
19. Section 624.401, relating to transacting insurance without a certificate of authority, s. 624.437(4)(c)1., relating to operating an unauthorized multiple-employer welfare arrangement, or s. 626.902(1)(b), relating to representing or aiding an unauthorized insurer.
20. Section 655.50, relating to reports of currency transactions, when such violation is punishable as a felony.
21. Chapter 687, relating to interest and usurious practices.
22. Section 721.08, s. 721.09, or s. 721.13, relating to real estate timeshare plans.
23. Section 775.13(5)(b), relating to registration of persons found to have committed any offense for the purpose of benefiting, promoting, or furthering the interests of a criminal gang.
24. Section 777.03, relating to commission of crimes by accessories after the fact.
25. Chapter 782, relating to homicide.
26. Chapter 784, relating to assault and battery.
27. Chapter 787, relating to kidnapping, human smuggling, or human trafficking.
28. Chapter 790, relating to weapons and firearms.
29. Chapter 794, relating to sexual battery, but only if such crime was committed with the intent to benefit, promote, or further the interests of a criminal gang, or for the purpose of increasing a criminal gang member’s own standing or position within a criminal gang.
30. Former s. 796.03, former s. 796.035, s. 796.04, s. 796.05, or s. 796.07, relating to prostitution.
31. Chapter 806, relating to arson and criminal mischief.
32. Chapter 810, relating to burglary and trespass.
33. Chapter 812, relating to theft, robbery, and related crimes.
34. Chapter 815, relating to computer-related crimes.
35. Chapter 817, relating to fraudulent practices, false pretenses, fraud generally, credit card crimes, and patient brokering.
36. Chapter 825, relating to abuse, neglect, or exploitation of an elderly person or disabled adult.
37. Section 827.071, relating to commercial sexual exploitation of children.
38. Section 828.122, relating to fighting or baiting animals.
39. Chapter 831, relating to forgery and counterfeiting.
40. Chapter 832, relating to issuance of worthless checks and drafts.
41. Section 836.05, relating to extortion.
42. Chapter 837, relating to perjury.
43. Chapter 838, relating to bribery and misuse of public office.
44. Chapter 843, relating to obstruction of justice.
45. Section 847.011, s. 847.012, s. 847.013, s. 847.06, or s. 847.07, relating to obscene literature and profanity.
46. Chapter 849, relating to gambling, lottery, gambling or gaming devices, slot machines, or any of the provisions within that chapter.
47. Chapter 874, relating to criminal gangs.
48. Chapter 893, relating to drug abuse prevention and control.
49. Chapter 896, relating to offenses related to financial transactions.
50. Sections 914.22 and 914.23, relating to tampering with or harassing a witness, victim, or informant, and retaliation against a witness, victim, or informant.
51. Sections 918.12 and 918.13, relating to tampering with jurors and evidence.
(b) Any conduct defined as “racketeering activity” under 18 U.S.C. s. 1961(1).
(c) Any violation of Title 68, Florida Administrative Code, relating to the illegal sale, purchase, collection, harvest, capture, or possession of wild animal life, freshwater aquatic life, or marine life, and related crimes.
(9) “Real property” means any real property or any interest in such real property, including, but not limited to, any lease of or mortgage upon such real property.
(10) “RICO lien notice” means the notice described in s. 895.05(13) or in s. 895.07.
(11) “Trustee” means any of the following:
(a) Any person acting as trustee pursuant to a trust established under s. 689.07 or s. 689.071 in which the trustee holds legal or record title to real property.
(b) Any person who holds legal or record title to real property in which any other person has a beneficial interest.
(c) Any successor trustee or trustees to any or all of the foregoing persons.

However, the term “trustee” does not include any person appointed or acting as a personal representative as defined in s. 731.201 or appointed or acting as a trustee of any testamentary trust or as a trustee of any indenture of trust under which any bonds have been or are to be issued.

(12) “Unlawful debt” means any money or other thing of value constituting principal or interest of a debt that is legally unenforceable in this state in whole or in part because the debt was incurred or contracted:
(a) In violation of any one of the following provisions of law:
1. Section 550.235 or s. 550.3551, relating to dogracing and horseracing.
2. Chapter 550, relating to jai alai frontons.
3. Section 551.109, relating to slot machine gaming.
4. Chapter 687, relating to interest and usury.
5. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s. 849.25, relating to gambling.
(b) In gambling activity in violation of federal law or in the business of lending money at a rate usurious under state or federal law.
History.s. 2, ch. 77-334; s. 3, ch. 79-218; s. 300, ch. 79-400; s. 1, ch. 81-141; s. 1, ch. 83-65; s. 25, ch. 83-264; s. 2, ch. 84-9; s. 5, ch. 86-277; s. 1, ch. 87-139; s. 5, ch. 89-143; s. 2, ch. 90-246; s. 3, ch. 90-301; s. 13, ch. 91-33; s. 72, ch. 91-282; s. 4, ch. 92-125; s. 4, ch. 92-281; s. 65, ch. 92-348; s. 2, ch. 93-227; s. 106, ch. 93-415; s. 78, ch. 94-209; s. 91, ch. 95-211; s. 9, ch. 95-340; s. 107, ch. 96-175; s. 7, ch. 96-252; s. 5, ch. 96-260; s. 4, ch. 96-280; s. 7, ch. 96-387; s. 43, ch. 96-388; s. 2, ch. 97-78; s. 2, ch. 99-335; s. 17, ch. 2000-360; s. 31, ch. 2003-155; s. 161, ch. 2004-5; s. 13, ch. 2004-344; s. 11, ch. 2004-387; s. 5, ch. 2004-391; s. 143, ch. 2005-2; s. 8, ch. 2005-209; s. 13, ch. 2005-228; s. 3, ch. 2005-362; s. 4, ch. 2006-168; s. 17, ch. 2007-74; s. 42, ch. 2008-207; s. 17, ch. 2008-238; s. 21, ch. 2009-115; s. 25, ch. 2009-170; ss. 4, 5, ch. 2010-29; s. 81, ch. 2012-30; s. 17, ch. 2012-97; s. 6, ch. 2013-2; s. 4, ch. 2013-245; s. 23, ch. 2014-160; s. 35, ch. 2016-24; s. 1, ch. 2016-84; s. 9, ch. 2016-105; s. 5, ch. 2016-185; s. 25, ch. 2017-173; s. 6, ch. 2019-45; s. 1, ch. 2021-55; s. 11, ch. 2023-40.

F.S. 895.02 on Google Scholar

F.S. 895.02 on Casetext

Amendments to 895.02


Arrestable Offenses / Crimes under Fla. Stat. 895.02
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 895.02.



Annotations, Discussions, Cases:

Cases from cite.case.law:

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 260 So. 3d 941 (Fla. 2018)

. . . Stat.§ 895.02(8)(a)1.-50. that is alleged in the charging document). 3. . . . Stat.§ 895.02(8)(a)1.-50. that is alleged in the charging document). b. . . . Stat.§ 895.02(8)(a)1.-50. that is alleged in the charging document); [or] b. . . . Stat.§ 895.02(8)(a)1.-50. that is alleged in the charging document). 3. . . . Stat. § 895.02 (8)(a)1.-50. that is alleged in the charging document ). . . .

CASTILLO, v. STATE, 254 So. 3d 477 (Fla. App. Ct. 2018)

. . . . § 895.02(4), Fla. Stat. (2007). . . . the last of such incidents occurred within 5 years after a prior incident of racketeering conduct. § 895.02 . . .

UNITED STATES v. L. MASINO, L., 869 F.3d 1301 (11th Cir. 2017)

. . . . § 895.02(8)(a)(45). . . .

VASS, v. STATE, 224 So. 3d 279 (Fla. Dist. Ct. App. 2017)

. . . See § 895.02(7), Fla. . . .

GODINEZ, v. STATE, 217 So. 3d 103 (Fla. Dist. Ct. App. 2017)

. . . .” § 895.02(4), Fla. Stat. (2008) (emphasis added). . . .

CASTILLO, v. STATE, 213 So. 3d 930 (Fla. Dist. Ct. App. 2017)

. . . other and therefore did not meet the definition of a “pattern of racketeering activity” under section 895.02 . . . the last of such incidents occurred within 5 years after a prior incident of racketeering conduct.” § 895.02 . . .

GODINEZ, v. STATE, 192 So. 3d 1289 (Fla. Dist. Ct. App. 2016)

. . . See §§ 895.02(4), 895.03(3), Fla. . . .

CASTILLO, v. STATE, 170 So. 3d 112 (Fla. Dist. Ct. App. 2015)

. . . See § 895.02(3), Fla. Stat. (2007). . . . “Racketeering activity” is defined in 895.02(1), Florida Statutes (2007), as: to commit, to attempt to . . . A “[p]attern of racketeering activity” is defined in 895.02(4), Florida Statutes (2007), as: engaging . . . court should have stricken that act, because at the time of the information the RICO statute, section 895.02 . . . Moreover, the Legislature clearly intended to include within the ambit of section 895.02, Florida Statutes . . .

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

. . . making false entries in the books of a corporation (KEL) in violation of sections 817.034, 817.15, and 895.02 . . . harassing, or retaliating against a witness, victim, or informant in violation of sections 914.22 and 895.02 . . . Section 895.02, Florida Statutes (2003), defines the terms contained in section 895.03(3) and (4): • . . . any crime chargeable by indictment or information under specifically enumerated criminal statutes. § 895.02 . . . relevant part, as "any ... group of individuals associated in fact although not a legal entity.” § 895.02 . . .

S. HARDIE, a k a v. STATE, 162 So. 3d 297 (Fla. Dist. Ct. App. 2015)

. . . . § 895.02(l)(a)(32), Fla. Stat. (2009). . . .

DE LA OSA, v. STATE, 158 So. 3d 712 (Fla. Dist. Ct. App. 2015)

. . . Section 895.02, Florida Statutes (2003), defines the terms contained in section 895.03(3) and (4): • . . . relevant part, as “any ... group of individuals associated in fact although not a legal entity.” § 895.02 . . . State, 405 So.2d 173, 174 (Fla.1981); § 895.02(l)(b), Fla. Stat. (2003); 18 U.S.C. § 1961(1). . . . See § 895.02(l)(b), Fla. Stat. (2003). . . . See § 895.02(l)(a)32., (b), Fla. Stat. (2003). . . . .

MAROLF v. MIAMI- DADE COUNTY,, 172 So. 3d 450 (Fla. Dist. Ct. App. 2015)

. . . . § 895.02 Fla. Stat. (2014). . . .

CASCO, v. STATE, 150 So. 3d 838 (Fla. Dist. Ct. App. 2014)

. . . found the defendant guilty of three predicate criminal acts when only two were necessary under section 895.02 . . .

STATE v. REYAN,, 145 So. 3d 133 (Fla. Dist. Ct. App. 2014)

. . . The term “racketeering activity” as defined in section 895.02(1), Florida Statutes (2003) “means to commit . . . which is defined as “any ... group of individuals associated in fact although not a legal entity[.]” § 895.02 . . . the last of such incidents occurred within 5 years after a prior incident of racketeering conduct. § 895.02 . . . See § 895.02(1), Fla. Stat. . . . racketeering activity consisting of at least two (2) incidents of racketeering activity enumerated in Section 895.02 . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 123 So. 3d 54 (Fla. 2013)

. . . Stat. 895.02 that is alleged in the charging document). 3. . . . Stat. 895.02 that is alleged in the charging document). b. . . . Stat. 895.02 that is alleged in the charging document); [or] b. . . . Stat. 895.02 that is alleged in the charging document). 3. . . . Stat. 895.02 that is alleged in the charging document). . . .

CASTRO, v. STATE, 122 So. 3d 912 (Fla. Dist. Ct. App. 2013)

. . . . § 895.02(3), Fla. Stat. (2012) (emphasis supplied). . . .

STATE v. LEVITAN, v., 115 So. 3d 1065 (Fla. Dist. Ct. App. 2013)

. . . Compare § 775.0844(3)-(4), with § 895.02. . . .

L. VASQUEZ, v. STATE, 111 So. 3d 273 (Fla. Dist. Ct. App. 2013)

. . . See §§ 895.02(1), 895.03(3), (4), 893.13(6)(a), Fla. Stat. (2008-09). We have jurisdiction. . . .

F. NEGRETE, E. Ow, v. ALLIANZ LIFE INSURANCE COMPANY OF NORTH AMERICA, B. v., 927 F. Supp. 2d 870 (C.D. Cal. 2013)

. . . . § 895.02(l)(a), and the Florida Deceptive and Unfair Trade Practices Act, which by its terms does not . . .

J. CHAMBLEE, v. STATE, 93 So. 3d 1184 (Fla. Dist. Ct. App. 2012)

. . . . §§ 895.02(1), (3)-(4) and 895.03(3), Fla. Stat. (2008); State v. . . .

HEADLEY, v. STATE, 90 So. 3d 912 (Fla. Dist. Ct. App. 2012)

. . . Compare § 775.0844(3)-(4), with § 895.02. . . .

SANCHEZ, v. STATE, 89 So. 3d 912 (Fla. Dist. Ct. App. 2012)

. . . See § 895.02(l)(a)(24), (38) (defining the predicate acts as “racketeering activity”); § 895.02(4) (defining . . . See § 895.02(l)(a)(21), (22), (28). . . .

HAGOPIAN, v. JUSTICE ADMINISTRATIVE COMMISSION,, 18 So. 3d 625 (Fla. Dist. Ct. App. 2009)

. . . To accomplish this end, section 895.02(l)(a) was amended to include violations of chapter 874, relating . . . Similarly, section 895.02(3) was also amended to provide that “[a] criminal street gang, as defined in . . .

BAKER, v. STATE, 990 So. 2d 1221 (Fla. Dist. Ct. App. 2008)

. . . See § 895.02(l)(a)25„ Fla. Stat. (2006). . . .

DOORBAL, v. STATE v. A., 983 So. 2d 464 (Fla. 2008)

. . . Lugo, 845 So.2d at 97; see also § 895.02(3), Fla. Stat. (2006). . . .

BRADENTON GROUP, INC. v. STATE, 970 So. 2d 403 (Fla. Dist. Ct. App. 2007)

. . . the predicate acts under RICO — bingo—constituted a pattern of racketeering activity under section 895.02 . . . (citing section 895.02(l)(a)(32), Fla. Stat. (1991)). . . . The court denied summary judgment in August 2003, accepting the State’s argument that section 895.02( . . . (citing § 895.02(1)(a)(32), Fla. Stat. (1995)). . . . Importantly, the “statutory scheme” already included section 895.02(l)(b), Florida Statutes (1995), by . . .

DEONARINE, v. STATE, 967 So. 2d 333 (Fla. Dist. Ct. App. 2007)

. . . argues that his multiple violations of chapter 893 do not constitute racketeering as defined by section 895.02 . . . and it includes illicit as well as licit enterprises and governmental, as well as other, entities.” § 895.02 . . .

STATE v. RUBIO,, 967 So. 2d 768 (Fla. 2007)

. . . Thus, the defendants’ argument is that section 895.02(l)(a)(26) limits its predicate offenses to only . . . The Fifth District affirmed the dismissal, holding that the “relating to” language in section 895.02( . . . The State notes that the words following “relating to” in section 895.02 are the titles of the various . . . (l)(a)(9), then the specification of particular sections in section 895.02(l)(a)(8) was unnecessary. . . . Another example is section 895.02(l)(a)(18), which sets forth as a predicate offense “[ejhapter 784, . . .

STATE v. RUBIO, B., 917 So. 2d 383 (Fla. Dist. Ct. App. 2005)

. . . fraudulent practices, false pretenses, fraud generally, and credit card crimes, (emphasis added) § 895.02 . . .

GHANEM, v. STATE, 910 So. 2d 434 (Fla. Dist. Ct. App. 2005)

. . . “Enterprise” is defined in section 895.02(3) as: Any individual, sole proprietorship, partnership, corporation . . .

PIZZO, v. STATE, 910 So. 2d 287 (Fla. Dist. Ct. App. 2005)

. . . .” § 895.02(3). . . . soliciting, coercing, or intimidating another person to commit any predicate crime listed in section 895.02 . . . (l)(a), which in this case is mortgage fraud, see § 895.02(l)(a)(25). . . . A corporation is an “enterprise.” § 895.02(3). . . . See § 895.02(l)(a)(25). . . .

NICOR INTERNATIONAL CORPORATION a k a v. EL PASO CORPORATION f k a El, 318 F. Supp. 2d 1160 (S.D. Fla. 2004)

. . . As provided in section 895.02 of the Florida Statutes, the term “racketeering activity” means the commission . . . Florida Statutes and “any conduct defined as ‘racketeering activity’ under 18 U.S.C. § 1961(1).” § 895.02 . . . The crimes enumerated in subsection (a) of section 895.02(1) include, but are not limited to, fraud under . . . 838 of the Florida Statutes, and obstruction of justice under Chapter 843 of the Florida Statutes. § 895.02 . . . commit, to conspire to commit, or to solicit, coerce, or intimidate another person to commit ...” § 895.02 . . .

NICOR INTERNATIONAL CORPORATION a k a v. EL PASO CORPORATION f k a El, 292 F. Supp. 2d 1357 (S.D. Fla. 2003)

. . . Section 895.02(4) defines “pattern of racketeering” activity to mean: “engaging in at least two incidents . . . that otherwise are interrelated by distinguishing characteristics and are not isolated incidents-” § 895.02 . . .

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

. . . . § 895.02(3). . . .

STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- SUBMISSION, 850 So. 2d 1272 (Fla. 2003)

. . . See § 895.02(1), FlaStat. . . . See § 895.02(1), Fla.Stat. . . . Definitions § 895.02(2), Fla.Stat. . . . . § 895.02(3), Fla.Stat. . . . See § 895.02(1), Fla.Stat. . . .

LUGO, v. STATE, 845 So. 2d 74 (Fla. 2003)

. . . See §§ 895.02-895.03, Fla. Stat. (1995). . . . and it includes illicit as well as licit enterprises and governmental, as well as other, entities. § 895.02 . . . the last of such incidents occurred within 5 years after a prior incident of racketeering conduct. § 895.02 . . .

ALLOCCO, v. CITY OF CORAL GABLES, A A, 221 F. Supp. 2d 1317 (S.D. Fla. 2002)

. . . . § 895.02(4). . . . Stat. § 895.02(1). . . .

MESE, v. STATE, 824 So. 2d 908 (Fla. Dist. Ct. App. 2002)

. . . See § 895.02(4), Fla. Stat. (1993). . . .

BLACK, v. STATE, 819 So. 2d 208 (Fla. Dist. Ct. App. 2002)

. . . “The definition of ‘racketeering activity’ in subsection 895.02(1), Florida Statutes (1987), does not . . . indictment or information’ under the specific provisions of the Florida Statutes enumerated therein. § 895.02 . . .

HELMADOLLAR, v. STATE, 811 So. 2d 819 (Fla. Dist. Ct. App. 2002)

. . . . § 895.02(3), Fla. Stat. . . .

THE REPUBLIC OF ECUADOR, v. PHILIP MORRIS COMPANIES, INC., 188 F. Supp. 2d 1359 (S.D. Fla. 2002)

. . . Additionally, Ecuador asserts causes of action under the Florida RICO statute, § 895.02, et seq. and . . .

ADVANCE AMERICA, LLC, v. STATE OFFICE OF ATTORNEY GENERAL, DEPARTMENT OF LEGAL AFFAIRS,, 801 So. 2d 310 (Fla. Dist. Ct. App. 2001)

. . . See §§ 895.02(l)(a)15 & (2)(a)3, Florida Statutes (2000). . . . .

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

. . . The pertinent portions are as follows: 895.02. . . .

GROSS, Jr. v. STATE, 765 So. 2d 39 (Fla. 2000)

. . . . § 895.02(3), Fla. Stat. (1997). . . . . § 895.02(3), Fla. Stat. (1993). . . . and it includes illicit as well as licit enterprises and governmental, as well as other, entities. § 895.02 . . . and that the last of such incidents occurred within 5 years after a prior incident of racketeering. § 895.02 . . .

BEJERANO, v. STATE, 760 So. 2d 218 (Fla. Dist. Ct. App. 2000)

. . . . § 895.02(3), Fla. Stat. (1997). . . . HARRIS and PETERSON, JJ., concur. . §§ 895.02(4); 817.234(l)(a), Fla. . . .

STATE v. MARKS, P. A., 758 So. 2d 1131 (Fla. Dist. Ct. App. 2000)

. . . . § 895.02(4)(1994). . . .

WEINACHT, v. STATE, 744 So. 2d 1197 (Fla. Dist. Ct. App. 1999)

. . . An “enterprise” is defined by section 895.02, Florida Statutes (1993) as follows: (3) “Enterprise” means . . .

GROSS, Jr. v. STATE, 728 So. 2d 1206 (Fla. Dist. Ct. App. 1999)

. . . Section 895.02(3), Florida Statutes (1993), defines enterprise as: “Enterprise” means any individual, . . .

STATE v. E. GUSOW,, 724 So. 2d 135 (Fla. Dist. Ct. App. 1998)

. . . the chapter and/or section numbers in the definition of “racketeering activity” contained in section 895.02 . . . Because section 895.02(l)(a)ll. defines racketeering activity to include any crime chargeable by indictment . . . concern about the “relating to” clauses contained in the definition of “racketeering activity” in section 895.02 . . .

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

. . . section 849.0931, the bingo statute, from a listing of the statutes describing the scope of section 895.02 . . . of the gambling chapter that it punishes and does not include section 849.0931, the bingo statute: 895.02 . . . Section 84-9.09, s. 849.14, s. 849.15, s. 849.23, or s. 849.25, relating to gambling. § 895.02(l)(a)( . . .

CHEYENNE SALES, LTD. v. WESTERN UNION FINANCIAL SERVICES INTERNATIONAL, 8 F. Supp. 2d 469 (E.D. Pa. 1998)

. . . . § 895.02. Id. . . . .

SCHIMPF, S R v. GERALD, INC., 2 F. Supp. 2d 1150 (E.D. Wis. 1998)

. . . . § 895.02. . . . Section 895.02 thus treats claims for amounts in excess of actual damages as if they cannot survive against . . . double damages, permitting a WOC-CA claim to be brought against an estate would be inconsistent with § 895.02 . . .

BRADENTON GROUP, INC. v. DEPARTMENT OF LEGAL AFFAIRS, STATE OF FLORIDA,, 701 So. 2d 1170 (Fla. Dist. Ct. App. 1997)

. . . violations are not identified among the statutes listed as “racketeering activity” under subsection 895.02 . . . ) of the Florida RICO statute, but violations of section 849.09, the lottery statute, are listed. § 895.02 . . .

STATE v. SOBIECK,, 701 So. 2d 96 (Fla. Dist. Ct. App. 1997)

. . . . §§ 895.03(3), 895.02(3) and 895(4), Fla. Slat. (1995). . § 932.701-707, Fla. Slat. (1996). . U.S. . . .

STATE v. JACKSON,, 677 So. 2d 938 (Fla. Dist. Ct. App. 1996)

. . . intentionally, and knowingly, while employed by or associated with an enterprise as defined by Section 895.02 . . . in such enterprise through a pattern of racketeering activity within the meaning of Florida Statute 895.02 . . . (1) and 895.02(4), by committing crimes chargeable by indictment or information under Chapter 812, Florida . . . willfully, and knowingly engage in a pattern of racketeering activity as defined by Florida Statute 895.02 . . . and it includes illicit as well as licit enterprises and governmental, as well as other, entities.” § 895.02 . . .

STATE v. S. NUCKOLLS, III,, 677 So. 2d 12 (Fla. Dist. Ct. App. 1996)

. . . persons known and unknown to commit an offense, to wit: Racketeering, as defined in Florida Statute 895.02 . . . entity, for the purpose of engaging in racketeering activities within the meaning of Florida Statute 895.02 . . . said enterprise through engaging in a pattern of racketeering activity as defined in Florida Statute 895.02 . . . unknown, to violate the laws of the State of Florida, to-wit Racketeering, as defined in Florida Statute 895.02 . . . enterprise through a continuous pattern of racketeering activity, within the meaning of Florida Statute 895.02 . . .

BROWN, v. STATE, 652 So. 2d 877 (Fla. Dist. Ct. App. 1995)

. . . contends the State failed to' establish that he was involved in an “enterprise” as defined in section 895.02 . . . Section 895.02(4) defines that term: “Pattern of racketeering activity” means engaging in at least two . . .

E. CLARK, v. STATE, 645 So. 2d 575 (Fla. Dist. Ct. App. 1994)

. . . .” § 895.02(3). . . . . § 895.02(4). . . . defined as any of the crimes chargeable by indictment or information that are enumerated in section 895.02 . . .

PHILADELPHIA RESERVE SUPPLY COMPANY, v. NOWALK ASSOCIATES, INC., 864 F. Supp. 1456 (E.D. Pa. 1994)

. . . Fla.Stat. ch. 895.02(4). . . . .

BORDO, INC. v. STATE, 627 So. 2d 561 (Fla. Dist. Ct. App. 1993)

. . . See § 895.02(l)(a)17 and 29, Fla.Stat. (1991). . . . .

STATE v. KESSLER,, 626 So. 2d 251 (Fla. Dist. Ct. App. 1993)

. . . trial court did not accept appellant’s position that the phrase “relating to prostitution” in section 895.02 . . .

R. HARVEY, v. STATE, 617 So. 2d 1144 (Fla. Dist. Ct. App. 1993)

. . . The definition of “racketeering activity” in subsection 895.02(1), Florida Statutes (1987), does not . . . indictment or information” under the specific provisions of the Florida Statutes enumerated therein. § 895.02 . . .

SHIMEK, Jr. v. STATE, 610 So. 2d 632 (Fla. Dist. Ct. App. 1992)

. . . Section 895.02(3) defines "enterprise” to mean: Any individual, sole proprietorship, partnership, corporation . . . Section 895.02(4) defines “pattern of racketeering" activity to mean: engaging in at least two incidents . . .

COLONIAL PENN INSURANCE COMPANY, v. VALUE RENT- A- CAR INC. a k a d b a A- A- A- H., 814 F. Supp. 1084 (S.D. Fla. 1992)

. . . . § 895.02(l)(a) and (b) define an “incident” of racketeering activity under Florida RICO to include . . . Stat. § 895.02(l)(b), Colonial has sufficiently alleged the claims within the purview of Florida RICO . . .

A. BUTTERWORTH, v. A. CAGGIANO,, 605 So. 2d 56 (Fla. 1992)

. . . .” § 895.02(9), Fla.Stat. (1989). . . .

STATE v. LUCAS,, 600 So. 2d 1093 (Fla. 1992)

. . . . § 895.02(1). . . . . § 895.02(4). In Bowden v. . . .

NAPOLI, v. STATE, 596 So. 2d 782 (Fla. Dist. Ct. App. 1992)

. . . See §§ 895.03 & 895.02(3), Fla.Stat. (1987); and Boyd v. . . .

POLAKOFF, v. STATE, 586 So. 2d 385 (Fla. Dist. Ct. App. 1991)

. . . We further hold that to the extent that sections 895.03(3) and 895.02(2) involve the collection of a . . . "Racketeering activity" is defined in section 895.02(1), Florida Statutes. . . . . "Enterprise” is defined in section 895.02(3), Florida Statutes. See, Boyd v. . . . "Pattern of racketeering activity” is defined in section 895.02(4), Florida Statutes, and “racketeering . . . Section 895.02(2) provides: (2) "Unlawful debt” means any money or other thing of value constituting . . .

DAY, v. STATE, 573 So. 2d 1022 (Fla. Dist. Ct. App. 1991)

. . . hearing on the ground that Day acting by himself did not constitute an “enterprise” as defined by section 895.02 . . .

BOYD, v. STATE, 578 So. 2d 718 (Fla. Dist. Ct. App. 1991)

. . . .” § 895.02(3), Fla.Stat. (1989). . . . will ordinarily operate as a “group of individuals associated in fact although not a legal entity_” § 895.02 . . . also defined to include any legitimate business entity, such as a corporation or partnership, id. § 895.02 . . . THE ENTERPRISE ELEMENT An enterprise is broadly defined in section 895.02(3), Florida Statutes (1989) . . . and it includes illicit as well as licit enterprises and governmental, as well as other, entities. § 895.02 . . .

WRIGHT, v. SHEPPARD,, 919 F.2d 665 (11th Cir. 1990)

. . . . §§ 1961(6), 1962(c), and the Florida statute, § 895.02(2) (Supp.1990), he was not required to prove . . .

R. DONOVAN, v. STATE, 572 So. 2d 522 (Fla. Dist. Ct. App. 1990)

. . . Four counts of racketeering (RICO), sections 895.02(3), 895.03(1), Florida Statutes (1987): 30 years . . . the last of such incidents occurred within 5 years after a prior incident of racketeering conduct. § 895.02 . . .

STATE OF FLORIDA v. CAMPEAU, 48 Fla. Supp. 2d 169 (Fla. Cir. Ct. 1990)

. . . defined in Section 896.101(l)(g) “means any ‘racketeering activity’ as defined in Florida Statutes 895.02 . . . Moreover, Section 896.101(2) refers to Section 895.02 which defines racketeering activity. . . .

KNIGHT, v. E. F. HUTTON AND CO. INC., 750 F. Supp. 1109 (M.D. Fla. 1990)

. . . . § 1961(4) (Federal RICO) and Florida Statutes, § 895.02(3), (Florida RICO). . . .

STALL, STATE LONG, v. STATE, 570 So. 2d 257 (Fla. 1990)

. . . Compare § 895.02(1)(a)28, Fla.Stat. (1989) (making sale or possession of obscene materials a racketeering . . .

HARPER, v. STATE, 567 So. 2d 28 (Fla. Dist. Ct. App. 1990)

. . . , penalizing and deterring the financing of “racketeering activity” (see sections 896.101(l)(g) and 895.02 . . .

ALVAREZ- BOTERO, v. STATE, 562 So. 2d 783 (Fla. Dist. Ct. App. 1990)

. . . The defendant was convicted of racketeering (§ 895.02(1), Fla.Stat.), trafficking in cocaine (§ 893.135 . . . racketeering (Count I) because such a conviction requires two or more “incidents of racketeering conduct” (§ 895.02 . . .

FIRST PACIFIC CORPORATION, a v. SOCIEDADE EMPREENDIMENTOS e CONSTRUCOES, LTDA., 566 So. 2d 3 (Fla. Dist. Ct. App. 1990)

. . . agent, in Florida, for damages under the Florida Racketeer Influenced and Corrupt Organization Act, § 895.02 . . .

STATE v. LUCAS,, 570 So. 2d 952 (Fla. Dist. Ct. App. 1990)

. . . Section 895.02(3), Florida Statutes (1985), in turn, defines “enterprise” to mean, inter alia, “any . . . . .. group of individuals associated in fact although not a legal entity,” and Section 895.02(4), Florida . . . “Racketeering activity” is further defined by Section 895.02(1), Florida Statutes (1985), to include . . .

WATTS, v. STATE, 558 So. 2d 142 (Fla. Dist. Ct. App. 1990)

. . . Section 895.02(4) defines “pattern of racketeering activity” as: engaging in at least two incidents of . . . the last of such incidents occurred within 5 years after a prior incident of racketeering conduct. § 895.02 . . .

GARCIA, v. STATE, 554 So. 2d 1223 (Fla. Dist. Ct. App. 1990)

. . . See §§ 895.02(4) and 895.03(3), Fla.Stat. (1987). . . .

R. FOX, v. STATE, 554 So. 2d 627 (Fla. Dist. Ct. App. 1989)

. . . See §§ 895.02, 895.03(4), 812.-014, 517.07, 517.12 and 517.301, Fla.Stat. . . .

BULLEN a k a a k a v. HER MAJESTY S GOVERNMENT OF THE UNITED KINGDOM,, 553 So. 2d 1344 (Fla. Dist. Ct. App. 1989)

. . . case sub judice is consistent with the law and public policy of the state of Florida,” citing sections 895.02 . . .

STATE v. P. ADKINS, Jr. B., 553 So. 2d 294 (Fla. Dist. Ct. App. 1989)

. . . Section 895.02(4), Fla.Stat. (1987) of the Florida RICO Act proscribes conduct evidencing a “pattern . . .

GUNIO v. V. I. D. INC., 40 Fla. Supp. 2d 150 (Fla. Cir. Ct. 1989)

. . . The court finds that there was a pattern of racketeering activity as defined in § 895.02 Florida Statutes . . .

P. MASONOFF, v. STATE, 546 So. 2d 72 (Fla. Dist. Ct. App. 1989)

. . . . § 895.02(l)(a)22, Florida Statutes (1987). . . . . § 895.02(3), Fla. Stat. (1987). It is clear that Mr. . . .

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

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

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES, 543 So. 2d 1205 (Fla. 1989)

. . . Note to Judge Instruct as to five-year limitation period (F.S. 895.02(4)) if appropriate. . . . Give as applicable F.S. 895.02(9) “Real property” means land and whatever is erected on it. . . . Note to Judge Instruct as to five-year limitation period (F.S. 895.02(4)) if appropriate. . . . Definitions F.S. 895.02(2) 2. . . . Note to Judge Instruct as to five-year limitation period (F.S. 895.02(4)) if appropriate. . . .

FORT WAYNE BOOKS, INC. v. INDIANA, 489 U.S. 46 (U.S. 1989)

. . . . § 895.02(l)(a)(27) (1987); Ga. . . .

VICKERY, v. STATE NUNNARI, v. STATE, 539 So. 2d 499 (Fla. Dist. Ct. App. 1989)

. . . maintain, directly or indirectly, any interest in or control of any enterprise or real property- Section 895.02 . . . Section 895.02(4) defines pattern of racketeering activity as: engaging in at least two incidents of . . .

CREWS, v. STATE, 537 So. 2d 656 (Fla. Dist. Ct. App. 1989)

. . . was legally insufficient to charge “two incidents” of racketeering conduct, as required by section 895.02 . . .

DAY, v. STATE, 541 So. 2d 1202 (Fla. Dist. Ct. App. 1988)

. . . argues that a lone robber acting by himself does not constitute an “enterprise” as defined in section 895.02 . . .

STATE v. SMITH,, 532 So. 2d 1112 (Fla. Dist. Ct. App. 1988)

. . . An “enterprise” is defined in section 895.02(3), Florida Statutes (1987) as: ... any individual, sole . . .

TELFARE, v. STATE, 529 So. 2d 1278 (Fla. Dist. Ct. App. 1988)

. . . 18, United States Code, section 1961(l)(d), and an act of racketeering activity as defined in F.S. 895.02 . . . participate, directly or indirectly, in such enterprise through a pattern of racketeering activity_” Section 895.02 . . .

SHAKTMAN, J. v. STATE, 529 So. 2d 711 (Fla. Dist. Ct. App. 1988)

. . . Section 849.25 is a specifically enumerated crime under the aegis of section 895.02. . . . that is, “at least two incidents of racketeering conduct,” which is the gravamen of a RICO offense. § 895.02 . . .

STATE v. SUN CITY OIL COMPANY, INC., 522 So. 2d 474 (Fla. Dist. Ct. App. 1988)

. . . dismissed because a violation of that statute is not one of the predicate crimes listed in section 895.02 . . .

STATE v. NISHI,, 521 So. 2d 252 (Fla. Dist. Ct. App. 1988)

. . . to dismiss, Nishi admitted that the robberies constituted racketeering activity pursuant to section 895.02 . . .

MARTINEZ v. C. HEINRICH,, 521 So. 2d 167 (Fla. Dist. Ct. App. 1988)

. . . . § 895.02(l)(a)(23), Fla.Stat. . . .

In MARILL ALARM SYSTEMS, INC. MARILL ALARM SYSTEMS, INC. v. EQUITY FUNDING CORPORATION,, 81 B.R. 119 (S.D. Fla. 1987)

. . . . § 895.02(l)(a) (Florida RICO) and prays for treble damages thereunder. . . . usurious interest constitutes a sufficient pattern of racketeering activity as contemplated by Fla.Stat. § 895.02 . . . Section 895.02(l)(a)(8) provides that a violation pursuant to Fla.Stat. §§ 687 et seq. is a "racketeering . . . See Fla.Stat. § 895.02(l)(a)(8). . . .

In ALEXANDER GRANT CO. LITIGATION, ESM- NEWS AND SUN- SENTINEL CO., 820 F.2d 352 (11th Cir. 1987)

. . . . §§ 895.02 and 895.03 (West Supp.1986). . . .