Category: Criminal Offenses · Statute: F.S. 796.07 · Source: Florida Legislature
Understanding Prostitution and Solicitation in Florida
Under Florida Statute Section 796.07, the law draws a distinction between prostitution and solicitation, though both are heavily prosecuted. Prostitution involves giving or receiving the body for sexual activity for hire, whereas solicitation occurs when an individual induces, entices, or requests another to commit prostitution, or purchases those services. In Florida, the law targets both the seller and the buyer (often referred to as the "john") with equal severity. Arrests frequently arise from undercover sting operations conducted by local police departments or sheriff's offices, where law enforcement officers pose as sex workers or clients online or in designated areas.
Florida has significantly stiffened the penalties for these offenses in recent years, particularly for those soliciting services. A first-offense solicitation of prostitution is classified as a first-degree misdemeanor, which carries mandatory civil penalties, educational programs, and community service hours. Subsequent offenses quickly escalate to third-degree felonies. Furthermore, Florida law mandates a vehicle impoundment period if a motor vehicle was used to facilitate the solicitation offense, adding immediate logistical and financial complications for the accused individual upon arrest.
Bail and Pretrial Release for Prostitution Charges
For individuals arrested under Florida Statute 796.07, securing pretrial release typically involves a standard monetary bond set by the county's uniform bond schedule. However, Florida judges frequently impose specific release conditions to prevent recidivism. For solicitation charges, courts often issue "stay away" orders, legally barring the defendant from entering specific geographic zones known for high prostitution activity. Additionally, because Florida law mandates HIV and sexually transmitted disease testing for individuals convicted of prostitution-related offenses, pretrial intervention programs may require compliance with health screenings as a condition of maintaining bond.