Florida Solicitation Statute Explained (Understanding 796.07 and Its Subsections)

Solicitation of prostitution laws in Florida are complicated — and many clients are shocked to learn how many different subsections can apply to a single arrest. The choice of subsection determines penalties, whether diversion is possible, and whether the charge is a misdemeanor or can be enhanced to a felony.

At Mesic Law, we break the statute down clearly so clients understand what they’re facing and what defenses may apply.

Understanding Florida’s Solicitation of Prostitution Law — Fla. Stat. § 796.07

Florida’s prostitution/solicitation law is built around subsection (2) (what conduct is illegal) and subsection (5) (penalties).
Here’s what you need to know.

Subsection (2): What Conduct Is Criminalized?

796.07(2)(f) – Soliciting, Inducing, Enticing, or Procuring Prostitution

This is the most common charge used in Jacksonville stings.
It applies when a person:

• asks,
• offers,
• agrees,
• or attempts

to exchange something of value for sexual activity.

No sexual contact needs to occur.
No money needs to change hands.

A conversation alone can lead to an arrest.

796.07(2)(e) – Transporting a Person for the Purpose of Prostitution

This subsection is far more serious.
It is used when police allege someone:

• drove another person to a hotel,
• arranged a ride, or
• otherwise helped transport someone for prostitution.

This subsection often escalates cases toward “pimping” or “organizing” accusations.

796.07(2)(h) – Renting a Room for Prostitution

Police frequently add this subsection when a room was:

• rented in your name,
• paid for by you, or
• arranged by you online.

This is especially common in undercover hotel operation arrests.

Subsection (5): The Penalties

796.07(5)(a) – First Degree Misdemeanor

All solicitation charges start here.
Penalties include:

• Up to 1 year in jail
• Up to 1 year of probation
• Fines, court costs, and potential driver’s license suspension

796.07(5)(b) – Felony Enhancements

These enhancements apply when:

• the person solicited is under 18, or
• human trafficking elements appear in the investigation

These are felony charges requiring immediate legal representation.

796.07(5)(c) – Mandatory Penalties (Applies Even to First Offenders) for section (2)(f)

This is the subsection many clients are surprised by.
It includes:

• Mandatory $5,000 civil penalty
• Mandatory 100 hours of community service
• Completion of a court-approved educational program
• Possible driver’s license suspension up to one year

There is no judicial discretion to waive these mandatory penalties.

Why These Subsections Matter in Your Case

The specific subsection used determines:

• whether jail time is likely
• whether probation is mandatory
• whether diversion is an option
• whether the case can be reduced or dismissed
• whether sealing or expungement is possible
• whether your professional license is at risk

At Mesic Law, we examine the affidavit line by line to find weaknesses, enhancements that do not apply, and police errors that can lead to reduced or dismissed charges.

Call Mesic Law for a Confidential Consultation

A solicitation charge can follow you for life. You do not need to navigate this alone.

 Call Mesic Law at (904) 615-8950
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