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Miami Racketeering and Illegal
Debt Laws by Statute
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OFFENSES CONCERNING RACKETEERING AND ILLEGAL DEBTS
895.01 Short title.
895.02 Definitions.
895.03 Prohibited activities and defense.
895.04 Criminal penalties and alternative fine.
895.05 Civil remedies.
895.06 Civil investigative subpoenas.
895.07 RICO lien notice.
895.08 Term of RICO lien notice.
895.09 Disposition of funds obtained through forfeiture
proceedings.
895.01 Short title.--Sections 895.01-895.06 shall be known as the
"Florida RICO (Racketeer Influenced and Corrupt Organization)
Act."
History.--s. 1, ch. 77-334; s. 2, ch. 79-218.
Note.--Former s. 943.46.
895.02 Definitions.--As used in ss. 895.01-895.08, the term:
(1) "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 which is chargeable by 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 403.727(3)(b), relating to environmental control.
3. Section 409.920 or s. 409.9201, relating to Medicaid fraud.
4. Section 414.39, relating to public assistance fraud.
5. Section 440.105 or s. 440.106, relating to workers'
compensation.
6. Section 465.0161, relating to distribution of medicinal drugs
without a permit as an Internet pharmacy.
7. Sections 499.0051, 499.0052, 1499.00535, 499.00545, and
499.0691, relating to crimes involving contraband and adulterated
drugs.
8. Part IV of chapter 501, relating to telemarketing.
9. Chapter 517, relating to sale of securities and investor
protection.
10. Section 550.235, s. 550.3551, or s. 550.3605, relating to
dogracing and horseracing.
11. Chapter 550, relating to jai alai frontons.
12. Chapter 552, relating to the manufacture, distribution, and
use of explosives.
13. Chapter 560, relating to money transmitters, if the violation
is punishable as a felony.
14. Chapter 562, relating to beverage law enforcement.
15. 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.
16. Section 655.50, relating to reports of currency transactions,
when such violation is punishable as a felony.
17. Chapter 687, relating to interest and usurious practices.
18. Section 721.08, s. 721.09, or s. 721.13, relating to real
estate timeshare plans.
19. Chapter 782, relating to homicide.
20. Chapter 784, relating to assault and battery.
21. Chapter 787, relating to kidnapping.
22. Chapter 790, relating to weapons and firearms.
23. Section 796.03, s. 796.035, s. 796.04, s. 796.045, s. 796.05,
or s. 796.07, relating to prostitution and sex trafficking.
24. Chapter 806, relating to arson.
25. Section 810.02(2)(c), relating to specified burglary of a
dwelling or structure.
26. Chapter 812, relating to theft, robbery, and related crimes.
27. Chapter 815, relating to computer-related crimes.
28. Chapter 817, relating to fraudulent practices, false
pretenses, fraud generally, and credit card crimes.
29. Chapter 825, relating to abuse, neglect, or exploitation of an
elderly person or disabled adult.
30. Section 827.071, relating to commercial sexual exploitation of
children.
31. Chapter 831, relating to forgery and counterfeiting.
32. Chapter 832, relating to issuance of worthless checks and
drafts.
33. Section 836.05, relating to extortion.
34. Chapter 837, relating to perjury.
35. Chapter 838, relating to bribery and misuse of public office.
36. Chapter 843, relating to obstruction of justice.
37. Section 847.011, s. 847.012, s. 847.013, s. 847.06, or s.
847.07, relating to obscene literature and profanity.
38. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s. 849.25,
relating to gambling.
39. Chapter 874, relating to criminal street gangs.
40. Chapter 893, relating to drug abuse prevention and control.
41. Chapter 896, relating to offenses related to financial
transactions.
42. Sections 914.22 and 914.23, relating to tampering with a
witness, victim, or informant, and retaliation against a witness,
victim, or informant.
43. 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).
(2) "Unlawful debt" means any money or other thing of value
constituting principal or interest of a debt that is legally
unenforceable in this state in whole or in part because the debt
was incurred or contracted:
(a) In violation of any one of the following provisions of law:
1. Section 550.235, s. 550.3551, or s. 550.3605, relating to
dogracing and horseracing.
2. Chapter 550, relating to jai alai frontons.
3. Chapter 687, relating to interest and usury.
4. 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.
(3) "Enterprise" means any individual, sole proprietorship,
partnership, corporation, business trust, union chartered under
the laws of this state, or other legal entity, or any unchartered
union, association, or group of individuals associated in fact
although not a legal entity; and it includes illicit as well as
licit enterprises and governmental, as well as other, entities. A
criminal street gang, as defined in s. 874.03, constitutes an
enterprise.
(4) "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 the effective date of this
act and that the last of such incidents occurred within 5 years
after a prior incident of racketeering conduct.
(5) "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.
(6) "RICO lien notice" means the notice described in s. 895.05(12)
or in s. 895.07.
(7) "Investigative agency" means the Department of Legal Affairs,
the Office of Statewide Prosecution, or the office of a state
attorney.
(8) "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.
(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) "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(25) 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.
(11) "Criminal proceeding" means any criminal proceeding commenced
by an investigative agency under s. 895.03 or any other provision
of the Florida RICO Act.
(12) "Civil proceeding" means any civil proceeding commenced by an
investigative agency under s. 895.05 or any other provision of the
Florida RICO Act.
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.
1Note.--Substituted by the editors for a reference to s. 499.0053.
Section 499.00535 references the sale or purchase of contraband
legend drugs.
Note.--Former s. 943.461.
895.03 Prohibited activities and defense.--
(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
unlawful debt to use or invest, whether directly or indirectly,
any part of such proceeds, or the proceeds derived from the
investment or use thereof, in the acquisition of any title to, or
any right, interest, or equity in, real property or in the
establishment or operation of any enterprise.
(2) 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.
(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.
(4) It is unlawful for any person to conspire or endeavor to
violate any of the provisions of subsection (1), subsection (2),
or subsection (3).
History.--s. 3, ch. 77-334.
Note.--Former s. 943.462.
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.
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 and judgments, including,
but not limited to:
(a) Ordering any defendant to divest himself or herself 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 the defendant was engaged in
violation of the provisions of s. 895.03.
(c) Ordering the dissolution or reorganization of any enterprise.
(d) Ordering the suspension or revocation of a license, permit, or
prior approval granted to any enterprise by any agency of the
state.
(e) Ordering the forfeiture of the charter of a corporation
organized under the laws of the state, or the revocation of a
certificate authorizing a foreign 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.
(2)(a) All property, real or personal, including money, used in
the course of, intended for use in 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.
(b) Upon the entry of a final judgment of forfeiture in favor of
the state, the title of the state to the forfeited property shall
relate back:
1. In the case of real property or a beneficial interest, to the
date of filing of the RICO lien notice in the official records of
the county where the real property or beneficial trust is located;
if no RICO lien notice is filed, then to the date of the filing of
any notice of lis pendens under s. 895.07(5)(a) in the official
records of the county where the real property or beneficial
interest is located; and if no RICO lien notice or notice of lis
pendens is filed, then to the date of recording of the final
judgment of forfeiture in the official records of the county where
the real property or beneficial interest is located.
2. In the case of personal property, to the date the personal
property was seized by the investigating agency.
If property subject to forfeiture is conveyed, alienated, disposed
of, or otherwise rendered unavailable for forfeiture after the
filing of a RICO lien notice or after the filing of a civil
proceeding or criminal proceeding, whichever is earlier, the
investigative agency may, on behalf of the state, institute an
action in any circuit court against the person named in the RICO
lien notice or the defendant in the civil proceeding or criminal
proceeding, and the court shall enter final judgment against the
person named in the RICO lien notice or the defendant in the civil
proceeding or criminal proceeding in an amount equal to the fair
market value of the property, together with investigative costs
and attorney's fees incurred by the investigative agency in the
action. If a civil proceeding is pending, such action shall be
filed only in the court where the civil proceeding is pending.
(c) The state shall dispose of all forfeited property as soon as
commercially feasible. If property is not exercisable or
transferable for value by the state, it shall expire. All
forfeitures or dispositions under this section shall be made with
due provision for the rights of innocent persons. The proceeds
realized from such forfeiture and disposition shall be promptly
distributed in accordance with the provisions of s. 895.09.
(3) Property subject to forfeiture under this section may be
seized by a law enforcement officer upon court process. Seizure
without process may be made if:
(a) The seizure is incident to a lawful arrest or search or an
inspection under an administrative inspection warrant.
(b) The property subject to seizure has been the subject of a
prior judgment in favor of the state in a forfeiture proceeding
based upon this section.
(4) In the event of a seizure under subsection (3), a forfeiture
proceeding shall be instituted promptly. Property taken or
detained under this section shall not be subject to replevin, but
is deemed to be in the custody of the law enforcement officer
making the seizure, subject only to the order of the court. When
property is seized under this section, pending forfeiture and
final disposition, the law enforcement officer may:
(a) Place the property under seal.
(b) Remove the property to a place designated by court.
(c) Require another agency authorized by law to take custody of
the property and remove it to an appropriate location.
(5) The Department of Legal Affairs, any state attorney, or any
state agency having jurisdiction over conduct in violation of a
provision of this act may institute civil proceedings under this
section. In any action brought under this section, the circuit
court shall proceed as soon as practicable to the hearing and
determination. Pending final determination, the circuit court may
at any time enter such injunctions, prohibitions, or restraining
orders, or take such actions, including the acceptance of
satisfactory performance bonds, as the court may deem proper.
(6) Any aggrieved person may institute a proceeding under
subsection (1). In such proceeding, relief shall be granted in
conformity with the principles that govern the granting of
injunctive relief from threatened loss or damage in other civil
cases, except that no showing of special or irreparable damage to
the person shall have to be made. Upon the execution of proper
bond against damages for an injunction improvidently granted and a
showing of immediate danger of significant loss or damage, a
temporary restraining order and a preliminary injunction may be
issued in any such action before a final determination on the
merits.
(7) The state, including any of its agencies, instrumentalities,
subdivisions, or municipalities, if it proves by clear and
convincing evidence that it has been injured by reason of any
violation of the provisions of s. 895.03, shall have a cause of
action for threefold the actual damages sustained and shall also
recover attorneys' fees in the trial and appellate courts and
costs of investigation and litigation, reasonably incurred. In no
event shall punitive damages be awarded. The defendant shall be
entitled to recover reasonable attorneys' fees and court costs
upon a finding that the claimant raised a claim which was without
substantial factual or legal support.
(a) Either party may demand a trial by jury in any civil action
brought pursuant to this subsection.
(b) Any prevailing plaintiff under this subsection or s. 772.104
shall have a right or claim to forfeited property or to the
proceeds derived therefrom superior to any right or claim the
state has in the same property or proceeds.
(8) A final judgment or decree rendered in favor of the state in
any criminal proceeding under this act or any other criminal
proceeding under state law shall estop the defendant in any
subsequent civil action or proceeding under this act or under s.
772.104 as to all matters as to which such judgment or decree
would be an estoppel as between the parties.
(9) The Department of Legal Affairs may, upon timely application,
intervene in any civil action or proceeding brought under
subsection (6) or subsection (7) if it certifies that, in its
opinion, the action or proceeding is of general public importance.
In such action or proceeding, the state shall be entitled to the
same relief as if the Department of Legal Affairs had instituted
the action or proceeding.
(10) Notwithstanding any other provision of law, a criminal or
civil action or proceeding under this act may be commenced at any
time within 5 years after the conduct in violation of a provision
of this act terminates or the cause of action accrues. If a
criminal prosecution or civil action or other proceeding is
brought, or intervened in, to punish, prevent, or restrain any
violation of the provisions of this act, the running of the period
of limitations prescribed by this section with respect to any
cause of action arising under subsection (6) or subsection (7)
which is based in whole or in part upon any matter complained of
in any such prosecution, action, or proceeding shall be suspended
during the pendency of such prosecution, action, or proceeding and
for 2 years following its termination.
(11) The application of one civil remedy under any provision of
this act does not preclude the application of any other remedy,
civil or criminal, under this act or any other provision of law.
Civil remedies under this act are supplemental, and not mutually
exclusive.
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