Florida RICO — Racketeering Charges Under § 895.03

Florida RICO defense attorney Tonmiel Rodriguez — Board Certified Criminal Trial Lawyer in Bartow, Florida — defends clients charged under Florida’s Racketeer Influenced and Corrupt Organizations Act, § 895.03, throughout Polk, Highlands, and Hardee Counties in the 10th Judicial Circuit. Florida RICO is a first-degree felony carrying up to 30 years in prison, civil forfeiture of assets, and the full force of an organized crime prosecution. It is one of the most powerful charging tools available to Florida prosecutors — and it requires experienced criminal defense counsel from the earliest stages. Call (863) 774-4556 — 24/7 availability, Hablamos Español.

Legally reviewed by Tonmiel Rodriguez, Board Certified Criminal Trial Lawyer — last reviewed June 2026.

Florida RICO charges are often filed alongside — and dramatically amplify — the underlying predicate offenses. A defendant facing drug trafficking and money laundering charges can also be charged with RICO for participating in an enterprise that engaged in both. The RICO charge adds a 30-year first-degree felony to the existing exposure and triggers civil forfeiture of business assets and property. Understanding the RICO elements, the predicate offenses, and the defenses specific to RICO is what separates competent from inadequate defense of these cases.

What Is Florida RICO Under § 895.03?

Florida’s RICO Act, codified at Chapter 895 of the Florida Statutes, was modeled on the federal RICO Act and shares its core structure. Section 895.03 makes it unlawful for any person:

• Who has received any proceeds derived from a pattern of racketeering activity or collected unlawful debt to use those proceeds in the operation of an enterprise
• Through a pattern of racketeering activity or the collection of an unlawful debt to acquire or maintain an interest in an enterprise
• Who is employed by or associated with any enterprise to conduct or participate in the conduct of the enterprise’s affairs through a pattern of racketeering activity or collection of unlawful debt
• To conspire to violate any of the above provisions

Each violation is a first-degree felony carrying up to 30 years in prison — separate from and in addition to any sentences imposed for the underlying predicate offenses.

What Is a “Pattern of Racketeering Activity” Under § 895.02?

A pattern of racketeering activity requires at least two incidents of racketeering activity that: (1) have the same or similar intents, results, accomplices, victims, or methods of commission; (2) are otherwise interrelated by distinguishing characteristics and are not isolated incidents; and (3) occurred within a five-year period. The two-incident minimum is just the floor — prosecutors typically charge RICO when multiple incidents of predicate activity can be linked to the enterprise.

What Offenses Are Racketeering Predicates Under Florida Law?

The list of predicate offenses under § 895.02 is expansive, including:

• Murder, kidnapping, robbery, arson, burglary
• Drug trafficking (Chapter 893) and related offenses
• Fraud and theft (Chapters 817, 812)
• Money laundering (§ 896.101)
• Extortion and bribery
• Gambling violations
• Prostitution and human trafficking
• Counterfeiting and forgery (Chapter 831)
• Computer crimes (§ 815.06)
• Any conduct indictable under federal RICO predicates (18 U.S.C. § 1961)

What Is an “Enterprise” Under Florida RICO?

The enterprise is a critical element of every RICO charge. Under § 895.02, an enterprise includes any individual, partnership, corporation, association, trust, or other legal entity — and crucially, any group of individuals associated in fact, even without formal organization. The enterprise can be:

• A legitimate business used as a vehicle for racketeering activity (a check-cashing operation used for money laundering)
• A purely criminal organization with no legitimate function (a drug distribution network)
• A hybrid — a business that engages in both legitimate and criminal activity

The enterprise must be distinct from the racketeering activity itself — there must be a structure or organization beyond the mere act of committing predicate offenses. However, courts have applied this requirement with varying strictness, and prosecutors frequently argue that informal criminal networks constitute enterprises under the broadly worded statute.

What Are the Penalties and Civil Consequences of Florida RICO?

What Are the Criminal Penalties for § 895.03?

A violation of § 895.03 is a first-degree felony — the same level as murder and sexual battery. The maximum penalty is 30 years in Florida state prison. With a prior record or under Florida’s sentencing scoresheet system, the recommended minimum sentence can be substantial even for a first offense. Each separate RICO charge is a separate first-degree felony.

What Is RICO Forfeiture Under § 895.05?

Beyond the criminal penalties, § 895.05 provides for civil forfeiture of any real property, personal property, or proceeds acquired or maintained in violation of § 895.03. Forfeiture can include:

• Business interests and assets used in the racketeering enterprise
• Real estate acquired with proceeds of racketeering activity
• Vehicles, bank accounts, and financial instruments
• Cash and other property derived from the pattern of activity

The civil forfeiture proceeding can run parallel to the criminal case and can result in the loss of legitimately acquired property that is tied, even loosely, to the enterprise. Defending against forfeiture requires both criminal defense strategy and civil litigation.

What Are the Defenses to Florida RICO Charges?

Is There Actually a Pattern of Racketeering Activity?

The pattern requirement — at least two related incidents within five years — is the most technical element of RICO. Challenging whether the alleged incidents were truly related to each other and to the enterprise, rather than being isolated or unconnected acts, can defeat the pattern element. Florida courts have recognized that not every series of criminal acts constitutes a pattern for RICO purposes, particularly when the underlying conduct was limited in scope or duration.

Is There an Enterprise Separate from the Activity?

The enterprise must be distinct from the predicate activity itself. If the prosecution’s theory of the enterprise is essentially identical to the predicate racketeering acts — with no separate structure or ongoing organization — the enterprise element may fail. This defense has succeeded in cases where prosecutors attempted to use RICO to charge what was essentially a simple drug transaction or fraud scheme without the organizational structure the statute requires.

Was the Defendant Participating in the Enterprise or Just Committing Individual Crimes?

RICO requires that the defendant conducted or participated in the conduct of the enterprise’s affairs — not merely committed the predicate offenses. A person who committed two crimes independently, without connection to a broader enterprise, is not a RICO defendant. Establishing that the defendant’s acts were independent rather than part of an enterprise’s coordinated activity is a core defense argument.

Is the Statute of Limitations an Issue?

Florida RICO cases involving a pattern of activity spanning years raise limitations questions. The five-year period required for the pattern runs from the first to the last act — but the limitations period for prosecution of the RICO offense itself is also five years under § 775.15. Analyzing when the pattern was complete and when the limitations clock began is a potential defense in cases involving older predicate acts.

Related: White Collar Crimes | Money Laundering | Federal Crimes | Federal Drug Charges

Frequently Asked Questions About Florida RICO

How Are Florida RICO Cases Actually Prosecuted?

Florida RICO prosecutions are reserved for cases involving ongoing criminal organizations or enterprises — they are not used for isolated criminal incidents. The 10th Judicial Circuit SAO and FDLE file RICO charges when they can demonstrate that multiple individuals associated with a discernible organization committed multiple related offenses over time as part of that organization’s operations.

Common contexts for Florida RICO charges in the 10th Circuit include:

• Drug trafficking organizations: A distribution network with identifiable hierarchy — suppliers, mid-level distributors, street-level dealers — where multiple transactions and multiple defendants can be tied to a single enterprise. Each transaction is a predicate offense; the organization is the enterprise.
• Fraud rings: Organized groups committing insurance fraud, worker’s compensation fraud, or identity theft through a coordinated operation, with the group itself treated as the enterprise behind each fraudulent act.
• Organized theft operations: Retail theft rings, cargo theft organizations, and organized property crime groups where multiple incidents can be linked to a single criminal organization.
• Criminal street gangs: Florida RICO is used to prosecute gang activity when the predicate offenses — robberies, drug sales, assaults — can be tied to the gang as an enterprise.

What Is the Florida RICO Conspiracy Charge?

In addition to the substantive RICO offenses under section 895.03(3), section 895.03(4) makes it a crime to conspire to violate any of the other RICO provisions. RICO conspiracy is also a first-degree felony. The prosecution of RICO conspiracy in Florida is similar to federal RICO conspiracy — the prosecution must prove that the defendant agreed with others to participate in the conduct of an enterprise through a pattern of racketeering activity, and that the defendant knowingly joined the conspiracy.

RICO conspiracy charges are significant because they can reach defendants who did not personally commit any of the predicate offenses — only that they agreed to participate in the enterprise’s affairs and that at least one member of the conspiracy committed at least one predicate offense. This makes RICO conspiracy a powerful tool for prosecuting the leadership of criminal organizations who insulate themselves from direct commission of the predicate acts.

How Does Florida RICO Relate to Federal RICO?

Federal RICO under 18 U.S.C. sections 1961-1968 and Florida RICO under Chapter 895 share the same basic structure but differ in important respects:

• Predicate offenses: Federal RICO requires predicate offenses that are federally chargeable or specifically enumerated in section 1961. Florida RICO uses Florida predicate offenses and specifically includes any conduct indictable under federal RICO — making the Florida statute extremely broad.
• Prosecuting authority: Federal RICO is prosecuted by the U.S. Attorney’s Office. Florida RICO is prosecuted by the State Attorney’s Office.
• Sentencing: Federal RICO carries up to 20 years per count under the Sentencing Guidelines. Florida RICO carries up to 30 years per first-degree felony count.
• Dual prosecution: Both can be charged for the same underlying conduct under the dual sovereignty doctrine. A defendant prosecuted for Florida RICO can also face federal RICO charges arising from the same enterprise if the predicate acts meet federal criteria.

What Is the Civil RICO Dimension?

Section 895.05 provides for civil remedies in addition to criminal penalties for RICO violations. These civil remedies include forfeiture of property used in or derived from racketeering activity, injunctive relief, and a civil cause of action for triple damages. The civil RICO cause of action under Florida law is available both to the state (through the Attorney General or SAO) and to private parties harmed by the racketeering activity.

In practice, civil RICO actions often accompany criminal prosecutions. A business victim of an organized fraud scheme can file a civil RICO lawsuit seeking treble damages against the defendants while the criminal prosecution proceeds. From the defendant’s perspective, this creates simultaneous civil and criminal exposure. Fifth Amendment considerations must be carefully managed — statements made in the civil case, or compelled disclosure in civil discovery, can affect the criminal defense. Civil litigation strategy and criminal defense strategy must be coordinated by counsel familiar with both.

What Happens to a Business or Organization Charged With Florida RICO?

When a business, partnership, or other entity is named as the enterprise in a Florida RICO prosecution, or when the enterprise’s own officers and directors are charged, the entity itself may face criminal prosecution alongside the individuals. A corporate conviction under section 895.03 can result in the forfeiture of the entity’s assets under section 895.05, injunctions prohibiting the entity from continuing to operate, and the effective destruction of the business. Business owners and corporate officers facing RICO charges need to consider both their personal criminal defense and the protection of the business entity’s interests — which may require separate counsel for the entity itself.