"RICO lets the state tell one big story instead of several small ones. Our job is to make it prove every chapter of that story — the enterprise, the pattern, and your place in it."
— Carolle El-Naffy
TL;DR – Florida's RICO Act (Chapter 895, Florida Statutes) makes it a first-degree felony — up to 30 years in prison — to acquire, invest in, or conduct an enterprise through a pattern of racketeering activity, or to conspire to do so. A "pattern" means at least two related incidents of listed crimes, with the last within 5 years of a prior one. The fine can reach three times the gain or loss, and property tied to the conduct can be forfeited. RICO is ranked Level 8 under Florida's sentencing code, and a defendant can be convicted of both RICO and the underlying crimes.
What Is RICO in Florida?
RICO stands for the Racketeer Influenced and Corrupt Organization Act. Florida adopted its own version in 1977, modeled on the federal law. It doesn't create a new type of street crime. It takes crimes that are already illegal — drug trafficking, fraud, theft, money laundering — and charges them together as an organized course of conduct, with much heavier penalties.
That's why RICO shows up in cases that look very different on the surface: a pill-mill ring, an insurance-fraud scheme, a theft crew, a street gang. What they share is a group and a repeated pattern of crimes.
The Four Ways to Violate Florida RICO
§ 895.03, Florida Statutes lists four prohibited acts:
- Investing dirty money. Using proceeds from a pattern of racketeering (or from collecting an unlawful debt) to buy real property or to set up or run an enterprise.
- Acquiring control. Gaining or keeping an interest in, or control of, an enterprise or real property through a pattern of racketeering.
- Conducting the enterprise. Being employed by or associated with an enterprise and conducting or participating in it through a pattern of racketeering. This is the most commonly charged subsection.
- Conspiracy. Conspiring or "endeavoring" to commit any of the first three.
What Prosecutors Must Prove
1. An enterprise
Under § 895.02(5), an "enterprise" is almost any person or group: a corporation, a partnership, a sole proprietorship, a union, a government entity — or simply a "group of individuals associated in fact although not a legal entity." Legitimate businesses count, and so do illegal ones. A criminal gang as defined in § 874.03 is an enterprise by statute.
In Gross v. State (Fla. 2000), the Florida Supreme Court rejected the argument that the state must prove an "ascertainable structure" or a formal chain of command. Following the U.S. Supreme Court's Turkette decision, the state must show an ongoing organization, formal or informal, with a common purpose, whose members function as a continuing unit. That is a lower bar than many defendants expect — but it is still a bar. A handful of people who each committed crimes, without a shared purpose or ongoing relationship, is not an enterprise.
2. A pattern of racketeering activity
Under § 895.02(7), a pattern requires at least two incidents of racketeering conduct that:
- Have the same or similar intents, results, accomplices, victims, or methods — or are otherwise interrelated by distinguishing characteristics and are not isolated incidents; and
- Fall within the time limit: the last incident occurred within 5 years after a prior one.
Two incidents is the floor, not the test. In State v. Lucas (Fla. 1992), the Florida Supreme Court adopted the federal continuity requirement: the state must show that the acts are related and that they amount to, or threaten, continuing criminal activity. A pattern requires more than accidental or unrelated instances of misconduct.
3. Predicate crimes ("racketeering activity")
Each incident must be a listed predicate offense. Under § 895.02(8), racketeering activity means committing, attempting, conspiring, or soliciting another to commit a crime under one of more than 50 listed Florida statutes, conduct that is racketeering under federal law (18 U.S.C. § 1961(1)), or certain wildlife-code violations. Common Florida predicates include:
- Drug offenses (chapter 893), including trafficking
- Fraud (chapter 817), including credit card fraud and patient brokering
- Theft and robbery (chapter 812)
- Money laundering (chapter 896) and securities fraud (chapter 517)
- Medicaid fraud (§§ 409.920, 409.9201)
- Homicide, kidnapping, and human trafficking (chapters 782 and 787)
- Bribery, extortion, and witness tampering
- Gang offenses (chapter 874) and computer crimes (chapter 815)
The list keeps growing. In 2025 the Legislature added harassing and retaliating against court officials (§§ 918.12, 918.125) and voting-related offenses, and a 2026 elections bill (HB 991) rewrote the petition-fraud predicates effective July 1, 2026.
4. Your connection to the enterprise
For the most common charge, § 895.03(3), the state must prove you were employed by or associated with the enterprise and conducted or participated in its affairs through the pattern. Proving that a scheme existed is not the same as proving you knowingly took part in it.
What Are the Penalties for RICO in Florida?
Under § 895.04:
- First-degree felony — up to 30 years in prison (more if habitual-offender enhancements apply)
- A fine of up to $10,000, or, instead, up to three times the gross value gained or the gross loss caused, whichever is greater, plus court costs and investigation and prosecution costs. The court must hold a hearing to set that fine.
RICO under § 895.03(1)–(3) is ranked Level 8 on the offense severity chart (§ 921.0022), which typically produces a substantial prison score even with no prior record.
Forfeiture and civil exposure
The criminal case is often only half of it. Under § 895.05, any property — cash, cars, real estate, business interests — used in, intended for use in, or derived from RICO conduct is subject to civil forfeiture to the state. The state can also seek injunctions and, if it proves its own injury by clear and convincing evidence, three times its actual damages.
Can You Be Convicted of RICO and the Underlying Crimes?
Generally, yes. Florida's Fifth District held in Carroll v. State (1984) that a defendant may be adjudicated and sentenced for both RICO and the predicate offenses without violating double jeopardy. That stacking is a big part of why RICO charges carry so much leverage in plea negotiations.
Is There a Time Limit to File RICO Charges?
Yes. Under § 895.05(11), a criminal or civil RICO action must be brought within 5 years after the prohibited conduct terminates or the cause of action accrues. Because the clock runs from the end of the conduct, an older predicate act can still be included as long as the pattern continued into the limitations period.
Florida RICO vs. Federal RICO
| Florida RICO (ch. 895) | Federal RICO (18 U.S.C. §§ 1961–1968) | |
|---|---|---|
| Maximum prison | 30 years (first-degree felony) | 20 years, or life if a predicate carries life |
| Pattern time limit | Last act within 5 years of a prior act | Last act within 10 years of a prior act (excluding prison time) |
| Fine | Up to $10,000, or up to 3× gain or loss | Fine under Title 18 (generally up to $250,000), or instead up to 2× gross profits or proceeds |
| Forfeiture | Civil forfeiture to the state | Criminal forfeiture of interests and proceeds is mandatory |
| Enterprise | Ongoing organization functioning as a continuing unit (Gross) | Purpose, relationships, and longevity (Boyle v. United States, 2009) |
The federal statute requires related predicates that amount to or threaten continued criminal activity (H.J. Inc. v. Northwestern Bell, 1989) — the same continuity test Florida adopted in Lucas. Which system brings the case usually depends on the predicates: interstate wire fraud, healthcare fraud, and large drug conspiracies tend to go federal. See Federal vs. State Drug Charges in Florida and White Collar Crime Defense in Miami.
Common Defenses to a Florida RICO Charge
- No enterprise. Individuals acting independently, without a shared purpose or ongoing relationship, are not an association-in-fact.
- No pattern. Two acts that are unrelated, isolated, or a single episode broken into pieces may not show relationship and continuity.
- Failed predicates. If the underlying crimes can't be proven — or aren't on the statutory list — the RICO count falls with them.
- Outside the time limits. Check the 5-year gap between incidents and the 5-year limitations period.
- No knowing participation. Being an employee of, or doing business with, a company that committed crimes is not the same as conducting its affairs through racketeering.
- Suppression and discovery. RICO cases are built on wiretaps, financial records, and cooperating witnesses. Challenging how that evidence was obtained — and the deals cooperators received — is often where these cases are won.
- Forfeiture defense. Property not connected to the conduct, or belonging to an innocent owner, can be contested separately.
Charged With RICO in Broward or Miami-Dade? Get Ahead of It Early
RICO cases are usually investigated for months before an arrest, and the state often freezes assets at the same time. The sooner a defense lawyer is involved, the more options you have — on bond, on forfeiture, and on whether the RICO count survives at all. Carolle El-Naffy will review the charging documents and give you a straight assessment.
Call (305) 456-7576 75 Valencia Ave, Suite 800, Coral Gables, FL Confidential consultations available
