Chapter 895 — Chapter 895
9 sections in this chapter.
Fla. Stat. § 895.01 Short title
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Sections 895.01-895.06 shall be known as the “Florida RICO (Racketeer Influenced and Corrupt Organization) Act.”
Fla. Stat. § 895.02 Definitions
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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;…
Fla. Stat. § 895.03 Prohibited activities and defense
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(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,…
Fla. Stat. § 895.04 Criminal penalties and alternative fine
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(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 convicte…
Fla. Stat. § 895.05 Civil remedies
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(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 int…
Fla. Stat. § 895.06 Civil investigative subpoenas; public records exemption
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(1) If, pursuant to the civil enforcement provisions of s. 895.05, an investigative agency has reason to believe that a person or other enterprise has engaged in, or is engaging in, activity in violation of this chapter, the investigative agency may administer oaths or affirmatio…
Fla. Stat. § 895.07 RICO lien notice
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(1) Upon the institution of any civil proceeding, the investigative agency, then or at any time during the pendency of the proceeding, may file a RICO lien notice in the official records of any one or more counties. No filing fee or other charge shall be required as a condition f…
Fla. Stat. § 895.08 Term of RICO lien notice
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(1) The term of a RICO lien notice shall be for a period of 6 years from the date of filing, unless a renewal RICO lien notice has been filed by the investigative agency; in such case, the term of the renewal RICO lien notice shall be for a period of 6 years from the date of its …
Fla. Stat. § 895.09 Disposition of funds obtained through forfeiture proceedings
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(1) A court entering a judgment of forfeiture in a proceeding brought pursuant to s. 895.05 shall retain jurisdiction to direct the distribution of any cash or of any cash proceeds realized from the forfeiture and disposition of the property. The court shall direct the distributi…