Category: Criminal Offenses · Statute: F.S. 895.01-895.06 · Source: Florida Legislature
Understanding Racketeering (RICO) in Florida
Under Florida Statute Section 895.03, the state’s Racketeer Influenced and Corrupt Organizations (RICO) Act makes it unlawful for any person employed by or associated with an "enterprise" to conduct or participate in that enterprise's affairs through a "pattern of racketeering activity." While federal RICO laws often target massive national syndicates, Florida’s state-level RICO statute is frequently used by local prosecutors to dismantle localized criminal groups, organized theft rings, mortgage fraud schemes, and coordinated drug distribution networks. To secure a conviction, the state must prove the defendant engaged in at least two "predicate incidents" of racketeering—such as kidnapping, robbery, drug trafficking, or white-collar fraud—that share similar intents, results, accomplices, or methods, with at least one incident occurring after October 1, 1977, and the last occurring within five years of a prior incident.
Florida treats racketeering as a first-degree felony, carrying a maximum penalty of 30 years in prison and severe financial consequences, including treble damages and the civil forfeiture of any property or assets used in or acquired through the course of the racketeering activity. Unlike isolated criminal charges, a RICO charge focuses on the organizational structure behind the crimes. This means an individual can be prosecuted for racketeering even if they did not personally commit every predicate physical act, provided they actively participated in the management, operation, or facilitation of the underlying criminal enterprise.
Florida RICO Bail and Pretrial Release
Securing pretrial release on a Florida RICO charge is exceptionally difficult and costly. Because racketeering is a first-degree felony carrying up to 30 years in prison, judges routinely set extraordinarily high bail amounts, often reaching hundreds of thousands of dollars. Furthermore, prosecutors frequently request a Nebbia hearing under Florida Statute Section 903.046. During this hearing, the defendant must prove that the collateral and cash used to secure the bail bond originate from legitimate, clean sources, rather than the illicit profits of the alleged racketeering enterprise.