Mandatory Penalties in Florida Solicitation Cases (What Really Applies — and When)

Florida Criminal Defense Lawyer | Mesic Law 

If you were arrested for solicitation of prostitution in Florida, you may have already discovered that this offense carries some of the harshest mandatory penalties in misdemeanor law — but those penalties do not apply to every subsection of the statute.

This page explains exactly which penalties are mandatory, who they apply to, and how an experienced defense lawyer can often help you avoid them.

Who Actually Faces the Mandatory $5,000 Penalty + 100 Hours of Community Service?

Florida’s prostitution statute, § 796.07, contains multiple subsections for different conduct.
The mandatory penalties apply only when the charge is specifically under § 796.07(2)(f) — the subsection that criminalizes:

“Soliciting, inducing, enticing, or procuring another to commit prostitution, lewdness, or assignation.”

If your arrest paperwork, citation, or information lists § 796.07(2)(f), you are facing mandatory statutory requirements.

If your case falls under a different subsection, such as:

• § 796.07(2)(e): offering the act
• § 796.07(2)(i): the “buyer” provision (added later)
• § 796.07(2)(a): maintaining a place of prostitution

…then the mandatory penalties do not automatically apply.

This distinction is critical — and it is one of the first things I evaluate when defending a solicitation case.

Mandatory Penalty #1: The $5,000 Civil Fine

Under § 796.07(6), anyone who enters any disposition on a § 796.07(2)(f) case — including adjudication withheld — must pay a $5,000 civil penalty.

This fine:

• Cannot be waived
• Applies even to first-time offenders
• Is in addition to regular fines and court costs
• Must be paid during probation or as required in the plea
• Cannot be avoided unless the case is dismissed, diverted, or amended to a different subsection

This is one of the steepest financial penalties for any misdemeanor in Florida.

Mandatory Penalty #2: 100 Hours of Community Service

Under § 796.07(5)(b), a conviction under § 796.07(2)(f) also requires:

100 hours of community service.

Courts generally do not allow:

• Buying out the hours
• Converting them to a donation
• Waiving them

These hours must be performed through a court-approved provider and must be verified before you can successfully complete probation.

Mandatory Penalty #3: Educational Program 

Florida law also requires the court to order participation in an educational program if one exists in the circuit. In Northeast Florida, these courses typically cover:

• Human trafficking
• Exploitation and victimization
• Community impact
• Health and legal risks

Completion is mandatory. Failure to complete the program can result in a probation violation.

Possible Additional Penalties

Even though solicitation is a misdemeanor, judges in Duval, Clay, and St. Johns County often impose additional consequences depending on the allegations, including:

• Driver’s License Suspension (Up to 1 Year)

A judge may suspend your Florida driver’s license as a discretionary condition of sentencing — even on a first offense.

• Probation or Jail

Factors that increase the likelihood of jail include:

• Explicit negotiation
• Cases involving hotels or known trafficking locations
• Repeat allegations
• Prior similar offenses

First-time offenders with counsel often receive probation, but jail is legally allowed.

Collateral Consequences Most People Never Expect

A conviction or even a plea with adjudication withheld under § 796.07(2)(f) can affect:

• Professional licenses (medical, nursing, law, real estate, security)
• Employment in sensitive industries
• Background checks
• Immigration status
• Ability to seal or expunge the record

Important:
A plea to § 796.07(2)(f) cannot be sealed or expunged, even with a withhold of adjudication.

Avoiding this specific subsection is often the key to protecting your record.

How a Defense Lawyer Can Avoid or Reduce These Penalties

Many solicitation cases are highly defensible because they arise from sting operations, online ads, or text-message conversations that are legally vulnerable.

An experienced criminal defense attorney can work to:

• Challenge the legality of the sting
• Suppress statements or chat messages
• Attack enhancements
• Negotiate amendments to a different subsection (to avoid the mandatory penalties)
• Pursue diversion when available
• Push for dismissal before filing

Avoiding the specific (2)(f) subsection is often the difference between a life-changing penalty and a manageable outcome.

Why Act Quickly?

Early intervention often allows me to:

• Contact the State Attorney before the case is formally filed
• Prevent filing under § 796.07(2)(f)
• Request amendments to a subsection without mandatory penalties
• Protect your career, record, and family

Speed matters in these cases.

Speak With a Florida Solicitation Defense Lawyer Today

If you were arrested for solicitation or caught in a sting, you have options — but timing is everything.

Protect your record, your reputation, and your future.

 Call Mesic Law at (904) 615-8950
 Schedule a confidential consultation:https://www.mesiclaw.com/contact-us/