Soliciting prostitution under Florida Statute § 796.07(2)(f) — soliciting, inducing, enticing, or procuring another person to commit prostitution — is a first-degree misdemeanor for a first offense (up to 1 year in jail), a third-degree felony for a second offense (up to 5 years in prison), and a second-degree felony for a third or subsequent offense (up to 15 years in prison). Enhanced penalties apply near schools and churches. Vehicle impoundment, human trafficking awareness class requirements, and potential public shaming through name publication are additional consequences in Polk County. Call (863) 774-4556 — reach us 24/7.

Legally reviewed by Tonmiel Rodriguez, Board Certified Criminal Trial Lawyer — last reviewed June 2026.

A soliciting arrest can happen from a single text message, a response to an online ad, or a brief street encounter. Many people are shocked to learn that a first offense is already a first-degree misdemeanor — more serious than standard prostitution. A second offense is a felony. I defend soliciting charges at every level in Polk County and know every defense the facts can support.

What Is Soliciting Prostitution Under Florida Statute § 796.07(2)(f)?

Florida Statute § 796.07(2)(f) makes it unlawful to solicit, induce, entice, or procure another person to commit prostitution, lewdness, or assignation. The soliciting offense targets the buyer’s side of the prostitution transaction — it is the criminal charge brought against the person seeking sexual services, not the person providing them. The elements the prosecution must prove are: (1) the defendant solicited, induced, enticed, or procured; (2) the solicitation was directed at another person; and (3) the purpose of the solicitation was to commit prostitution or assignation. Like all prostitution-related charges, soliciting requires proof of an explicit solicitation — ambiguous conduct, conversation, or statements that do not clearly constitute a solicitation for sexual services for compensation are legally insufficient to support the charge.

What Are the Penalties for Soliciting Prostitution in Florida?

Florida law imposes significantly higher penalties for soliciting prostitution than for the prostitution offense itself — recognizing the buyer’s role in creating demand for commercial sexual exploitation.

What Is the Penalty for a First Soliciting Prostitution Offense?

A first conviction for soliciting prostitution under § 796.07(2)(f) is a first-degree misdemeanor, punishable by up to 1 year in jail, 12 months of probation, and a $1,000 fine. This is immediately more serious than a first prostitution offense, which is only a second-degree misdemeanor. A first conviction also triggers mandatory HIV testing under § 796.08. In some circumstances, the court may order the defendant to complete a human trafficking awareness course as a condition of any sentence. I negotiate aggressively for a withhold of adjudication on first-offense soliciting charges — a withhold avoids a formal conviction and may preserve the client’s eligibility for record sealing under § 943.059.

What Is the Penalty for a Second Soliciting Prostitution Offense?

A second conviction for soliciting prostitution is a third-degree felony, punishable by up to 5 years in Florida state prison and a $5,000 fine. This escalation from misdemeanor to felony on a second offense is one of the most dramatic penalty jumps in Florida’s prostitution statutes. A felony conviction carries permanent consequences including loss of the right to possess firearms under § 790.23, loss of the right to vote (until civil rights are restored), and permanent disqualification from employment requiring a Level 2 background screen under § 435.04. Because the felony charge depends on a prior valid qualifying conviction, I scrutinize that prior conviction for any defect that would keep it from serving as a predicate.

What Is the Penalty for a Third or Subsequent Soliciting Prostitution Offense?

A third or subsequent conviction for soliciting prostitution under § 796.07(2)(f) is a second-degree felony, punishable by up to 15 years in Florida state prison and a $10,000 fine. A second-degree felony is among the most serious felony classifications in Florida — this is the same level as certain assault, robbery, and firearms offenses. The prosecution must prove two prior qualifying convictions. I examine all prior convictions for procedural defects, constitutional issues in how the guilty plea was taken, and whether each prior conviction is a valid predicate for the enhanced charge.

What Enhanced Penalties Apply Near Schools and Churches?

Florida Statute § 796.07(4) provides for enhanced penalties when a soliciting violation occurs within 1,000 feet of a school, a day care center, a park, or a place of worship. The penalty is enhanced by one degree — a first-degree misdemeanor becomes a third-degree felony; a third-degree felony becomes a second-degree felony. In Polk County, many soliciting arrests occur in commercial areas that are near schools or churches, and the prosecution regularly files the enhanced charge when the GPS coordinates of the arrest fall within the measurement zone. I verify the precise measurement from the arrest location to the nearest protected facility and challenge enhanced charges when the measurement is incorrect or disputed.

What Is Vehicle Impoundment After a Soliciting Arrest in Florida?

Under Florida Statute § 796.07(5), upon a conviction or a withhold of adjudication for soliciting prostitution, the court may order the impoundment or immobilization of the vehicle used in the solicitation offense. The vehicle may be impounded for up to 60 days for a first conviction. The impoundment order may be imposed in addition to any other sentence. Vehicle impoundment is an additional financial burden on defendants — in addition to towing and storage fees that can accumulate to hundreds of dollars — and I challenge the factual basis for the impoundment order when the vehicle’s connection to the offense is disputed.

Are Names of Soliciting Defendants Published in Florida?

Florida law does not require publication of soliciting defendants’ names, but some counties in Florida have implemented programs or permitted local law enforcement to publish the names and photographs of persons arrested for soliciting prostitution. Polk County law enforcement has publicized arrests from certain sting operations in the past, particularly during large-scale operation announcements. The publication of a name after an arrest (not a conviction) raises potential legal issues regarding defamation, but Florida courts have generally permitted law enforcement to release this information as part of legitimate law enforcement communications. I advise clients on the risk of publicity and explore any legal avenue to limit or challenge the dissemination of arrest information before conviction.

What Is the Human Trafficking Awareness Requirement for Soliciting?

Under Florida Statute § 796.07(3)(a)3, as part of any sentence for a soliciting conviction, the court may order the defendant to complete a human trafficking awareness course approved by the Florida Department of Children and Families. This requirement reflects the Florida Legislature’s intent to link prostitution and soliciting enforcement to the broader campaign against human trafficking, based on the documented connection between demand for commercial sexual services and the exploitation of trafficking victims. The course requirement is typically imposed as a condition of probation and can add hours of community-based programming to the sentence. In cases where I negotiate a plea, I factor the practical burdens of all conditions — including program attendance — into the assessment of any proposed resolution.

What Defenses Apply to Soliciting Prostitution Charges?

What Is the Entrapment Defense in a Soliciting Case?

Entrapment under § 777.201 is frequently available in soliciting cases arising from sting operations. PCSO and Lakeland Police run reverse sting operations in which undercover officers post advertisements offering sexual services and wait for defendants to respond. In these operations, the critical entrapment question is: who introduced the sexual content and the compensation terms? If the undercover officer’s advertisement was explicit about sexual services and the defendant merely responded to it, the defense must argue that the officer’s conduct induced the defendant to commit the offense and that the defendant lacked a prior predisposition to solicit prostitution. The strength of the entrapment defense depends heavily on the specific language of the advertisement, the nature of the defendant’s initial response, and who drove the negotiation of terms. I obtain and scrutinize every piece of digital evidence from these operations.

Can the Specificity of the Solicitation Be Challenged?

Florida Statute § 796.07(2)(f) requires proof of a specific solicitation for prostitution — ambiguous statements, vague conversation, or mere contact with an escort service without an explicit solicitation for sexual services may not satisfy the statutory element. In cases where the alleged solicitation consisted of coded language or responses to ambiguous advertisements, I challenge whether the prosecution can prove a clear and specific solicitation beyond a reasonable doubt. I present the full context of the communication to the jury, not just the isolated excerpts the prosecution selects.

What Are the Collateral Consequences of a Soliciting Conviction in Florida?

A soliciting conviction at any level creates a permanent public criminal record. For non-citizen defendants, a soliciting conviction is a crime involving moral turpitude under federal immigration law, creating grounds for inadmissibility or removal under 8 U.S.C. § 1182 and § 1227. Professional licenses requiring background checks — healthcare, childcare, real estate, insurance, cosmetology — are at risk. A second-offense felony soliciting conviction adds the full range of permanent felony consequences: no firearms, permanent background check record, loss of voting rights until restoration. A first-offense misdemeanor conviction with a withhold may be eligible for sealing under § 943.059. I evaluate every resolution option for its impact on the client’s record, license, and immigration status.

Frequently Asked Questions About Soliciting Prostitution in Florida

What is the charge for soliciting prostitution in Florida?

Under Florida Statute § 796.07(2)(f), soliciting prostitution is a first-degree misdemeanor for a first offense (up to 1 year), a third-degree felony for a second offense (up to 5 years), and a second-degree felony for a third or subsequent offense (up to 15 years).

Is soliciting prostitution more serious than prostitution in Florida?

Yes. A first soliciting offense under § 796.07(2)(f) is a first-degree misdemeanor, while a first prostitution offense under § 796.07(2)(a) is a second-degree misdemeanor. A second soliciting offense is a third-degree felony; a second prostitution offense is a first-degree misdemeanor. Florida law treats the buyer’s conduct as more serious than the provider’s at each offense level.

Can soliciting prostitution charges be expunged in Florida?

A dismissed or acquitted soliciting charge may be eligible for expungement under § 943.0585. A first-offense conviction with a withhold of adjudication may be eligible for sealing under § 943.059, subject to eligibility criteria including no prior sealing or expungement and no disqualifying offenses. I analyze eligibility in every first-offense case.

Does soliciting prostitution require sex offender registration in Florida?

No. A conviction under § 796.07(2)(f) does not by itself require sex offender registration under § 943.0435. Registration is triggered by specific qualifying offenses listed in § 943.0435(1)(a) — standard soliciting prostitution is not among them.

What is the “john school” diversion for soliciting in Florida?

“John school” refers to diversion programs designed for first-time soliciting defendants, typically involving educational sessions about the harms of prostitution and human trafficking. These programs exist in some Florida jurisdictions and some counties in the 10th Circuit have offered similar programming. Completion of an approved program may allow the charge to be reduced or resolved without a conviction. I advise clients on whether diversion is available and advantageous given the specific facts of their case.

Can my vehicle be taken if I’m convicted of soliciting prostitution in Florida?

Yes. Under Florida Statute § 796.07(5), the court may order the impoundment or immobilization of the vehicle used in a soliciting violation upon conviction or withhold of adjudication. Impoundment can last up to 60 days for a first conviction and is in addition to other criminal penalties.

For a full overview of Florida sex crime law, see our Sex Crimes Defense Hub. Related charge pages: Prostitution | Offering Prostitution | Human Trafficking Defense | Internet Sex Sting Defense. Related defense topics: Misdemeanor Defense | Felony Defense | Sealing and Expungement.

What Should You Do Immediately After a Soliciting Arrest in Polk County?

If you were arrested for soliciting prostitution in Polk County, the most important step is to contact a defense lawyer before speaking further with police. Do not try to explain yourself to the arresting officer. Do not contact the person you were communicating with. Do not delete messages from your phone — that creates an additional charge of tampering with evidence. At the time of arrest, you likely made some statement to the officer about why you were at the location or what you were doing — do not build on or modify those statements without legal counsel. After arraignment, I review the complete evidence package: the online conversation transcript, the officer’s body camera footage, the undercover operation report, and any other evidence the State intends to use. The entrapment defense, the sufficiency of the solicitation, and the specific language of the conversation are all evaluated from that complete record. Call (863) 774-4556 immediately — I am available 24 hours a day.