Question 1

What is RICO in Florida?

Accepted Answer

Florida’s RICO statute (Section 895.02) targets organized criminal activity by prohibiting: using income from racketeering to acquire or maintain an interest in an enterprise, acquiring or maintaining an interest in an enterprise through racketeering, conducting or participating in an enterprise through racketeering, and conspiring to commit any of these acts. "Racketeering activity" includes: murder, kidnapping, gambling, bribery, extortion, drug trafficking, fraud, money laundering, and other specified offenses. Florida RICO is modeled on the federal RICO statute (18 U.S.C. 1961) but has important differences.

Question 2

What are the penalties for a Florida RICO conviction?

Accepted Answer

Penalties: criminal (RICO violations are first-degree felonies: up to 30 years in prison, fines up to $10,000, and forfeiture of property acquired through racketeering). Civil (Section 895.05: any person injured by a RICO violation can file a civil lawsuit and recover: treble damages (3x actual damages), reasonable attorney fees, and court costs). The civil RICO remedy is powerful: it allows victims of organized criminal activity to recover significant damages.

Question 3

How does Florida RICO differ from federal RICO?

Accepted Answer

Differences: predicate acts (Florida includes additional state crimes as predicate acts), pattern requirement (Florida requires at least 2 acts of racketeering activity within 5 years; federal requires 2 within 10 years), and civil remedies (Florida allows private civil RICO actions with treble damages; federal allows the same). Key similarity: both require a "pattern of racketeering activity" connected to an "enterprise." Florida RICO is often used in: real estate fraud, insurance fraud, and financial fraud cases.

Racketeer Influenced Corrupt Organizations

RICO in Florida

Prohibited Conduct

Penalties

FL vs. Federal

Related Terms

Barnes Walker Litigation

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