What are the penalties for solicitation in Florida?

Florida's prostitution law, section 796.07, lists nine separate acts, from offering to commit prostitution to operating a place for it. Soliciting, inducing, enticing or procuring another person to commit prostitution, lewdness or assignation, paragraph (2)(f), covers asking someone else to engage in prostitution and carries its own, harsher penalty scale. How Mr. Mead defends these charges is on our prostitution defense page. The other charges he handles are under criminal defense.

How does a solicitation case usually move, step by step?

1. The encounter. Many cases come from police operations where an officer poses as a sex worker or responds to an online ad. Under s. 796.07(3)(b), a police officer "may testify as an offended party."
2. Arrest or notice to appear. The person is booked or given a court date. A vehicle used in the offense may later be subject to an impoundment order.
3. Screening. A person arrested under s. 796.07 may request screening for sexually transmissible diseases, at his or her own cost (s. 796.08(2)).
4. Filing and arraignment. The State Attorney files the charge in county court for a first offense, or in circuit court if it is a felony because of prior violations.
5. Resolution. Dismissal, diversion, a plea or trial. Unless the case ends in an acquittal or dismissal, the $5,000 civil penalty applies (s. 796.07(6)).

What does each offense carry?

For comparison, the other acts in s. 796.07(2), such as offering to commit prostitution, start lower: a second-degree misdemeanor for a first violation, a first-degree misdemeanor for a second, and a third-degree felony for a third or later. A person charged with a third or later violation of those other paragraphs "shall be offered admission to a pretrial intervention program or a substance abuse treatment program" (s. 796.07(4)(b)); that guarantee does not extend to solicitation under (2)(f). The ceilings for every degree are in our chart of Florida criminal penalties.

What else can the court order?

• The $5,000 civil penalty. It is assessed for any judicial disposition other than acquittal or dismissal, so a plea with adjudication withheld still triggers it. The first $500 goes to treatment-based drug court costs and the rest to the Department of Children and Families for safe houses and safe foster homes (s. 796.07(6)).
• Community service and education. 100 hours, plus paying for and attending an educational program if the circuit has one, covering the link between demand and human trafficking, its impact on victims, and related topics (s. 796.07(5)(b), (8)).
• Vehicle impoundment. If a vehicle was used, the judge may order it impounded or immobilized for up to 60 days. The owner can have the order dismissed if, among other grounds, the family has no other means of transportation or the vehicle was stolen (s. 796.07(5)(d)). The similar DUI impound process is described in what happens to your car after a DUI.
• Disease screening. A person convicted of prostitution or of procuring another for it must undergo screening for sexually transmissible diseases, including HIV, under the Department of Health (s. 796.08(3)).

Where is a solicitation case heard in Palm Beach or Broward?

A first solicitation charge is a misdemeanor, so it stays in county court. In Palm Beach County, misdemeanors from Boca Raton, Delray Beach and Boynton Beach are assigned to the Southern Region and heard at the South County Courthouse in Delray Beach under the circuit's Administrative Order 4.603, and the State Attorney says many misdemeanor cases at its satellite offices "result in plea offers and pretrial diversion." In Broward, eligibility for the State Attorney's Misdemeanor Diversion Program for first-time offenders is decided at arraignment, and the office charges $150 per defendant for the costs of prosecution. A second violation is a third-degree felony, the category Broward's felony pretrial intervention program considers if the charge qualifies; an attorney must apply within 45 days of arraignment. The first court steps in Broward are described on the Broward Central Courthouse page.

What changes the answer?

• Prior violations. Each prior solicitation conviction raises the degree, from misdemeanor to second-degree felony (s. 796.07(5)(a)).
• Which paragraph is charged. Solicitation under (2)(f) is graded more harshly than offering or agreeing under (2)(e) or purchasing under (2)(i) (s. 796.07(4), (5)).
• A minor, or a person believed to be one. Using a phone or computer to solicit a child, or a person believed to be a child, is a third-degree felony, and traveling to meet that person is a second-degree felony (s. 847.0135(3), (4)). Those offenses require registration, as explained in which convictions require sex offender registration. Online cases are discussed on our internet crimes page.
• Human trafficking. Florida's trafficking statute defines human trafficking to include purchasing or patronizing another person for the purpose of exploitation (s. 787.06(2)(d)), so a case involving a trafficking victim can be charged under that separate and far more serious statute.
• A massage establishment. Operating a place for prostitution that is or should be a licensed massage establishment raises the degree one level (s. 796.07(7)).
• Diversion. First-time offenders may be considered for the programs described in pretrial diversion in Palm Beach and Broward, which have their own rules.

A worked example

For example, take a hypothetical 45-year-old with no record, arrested in a Fort Lauderdale police operation after offering an undercover officer money for sexual activity, having driven his car to the meeting. Under s. 796.07(5), a conviction would be a first-degree misdemeanor with a maximum of 1 year in jail and a $1,000 fine. The court would have to order 100 hours of community service and the educational program if the circuit offers one, and the $5,000 civil penalty would apply even with a withhold. The judge could also order his car impounded or immobilized for up to 60 days. If he had a prior solicitation conviction, the same facts would be a third-degree felony with at least 10 days in jail. If the case ended in diversion and a dismissal, the civil penalty would not apply. This illustration is not a prediction for any case.

Common mistakes people make

• Assuming a first offense is a minor ticket; it carries mandatory community service and a $5,000 civil penalty.
• Taking a quick plea with a withhold without knowing the civil penalty still applies.
• Discussing the case by text or phone, including with the person who was contacted.
• Ignoring a possible vehicle impoundment order and the owner's right to contest it.
• Not checking whether the case involves claims about a minor, which changes everything.
• Missing the window for diversion by waiting to act.

What to do this week

1. Get the arrest report or notice to appear and note which paragraph of s. 796.07 is charged.
2. Write down every prior arrest or plea under s. 796.07, in any county.
3. Keep, but do not delete or send, any messages related to the encounter; give them to your lawyer.
4. If a vehicle was involved and is not yours, tell its owner about the possible impoundment process.
5. Speak with a defense attorney about diversion before arraignment.

Frequently asked questions

Is solicitation a misdemeanor or a felony in Florida?

A first violation of s. 796.07(2)(f) is a first-degree misdemeanor; a second is a third-degree felony and a third or later a second-degree felony (s. 796.07(5)(a)).

Do I have to pay $5,000 even if adjudication is withheld?

Yes. The civil penalty applies to any judicial disposition other than acquittal or dismissal (s. 796.07(6)).

Is jail mandatory?

For a first violation, no minimum is set. For a second or later violation of (2)(f), the court must impose at least 10 days of incarceration (s. 796.07(5)(c)).

Does a solicitation conviction require sex offender registration?

Adult solicitation under s. 796.07 is not on the registration list in s. 943.0435; online solicitation of a minor under s. 847.0135 is.

Can a solicitation record be sealed?

Adult solicitation is not on the list of offenses that can never be sealed, so eligibility depends on the outcome and the person's record. See our page on sealing and expunction eligibility.

Can the case be dropped?

The State Attorney decides. Some cases end in dismissal or diversion; see whether criminal charges can be dropped before trial.

How can Mr. Mead help?

Mr. Mead's practice is devoted entirely to criminal defense, with more than three decades in South Florida courts. In a solicitation case, the exact paragraph charged, any prior record and the details of the operation shape the penalties, and diversion questions should be raised early. The office is in Boca Raton, Spanish and Portuguese are spoken, and you can call 24 hours.

Every case is different, and no result can be promised. If you are charged with solicitation, a confidential call to (561) 362-6677 is a sound first step.

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