Understanding Soliciting Prostitution in Florida: The Legal Consequences and Defenses

Soliciting prostitution is a serious offense in the state of Florida, carrying severe penalties and long-term consequences. In Miami, where law enforcement agencies actively combat prostitution-related activities, individuals accused of this crime face not only legal repercussions but also significant social and personal stigma. This article will explore the Florida statutes prohibiting soliciting prostitution, the penalties involved, local city ordinances in Miami, potential defenses, and how the legal team at Albert Quirantes, Esq., has successfully defended individuals against these charges.

Florida Statutes on Soliciting Prostitution

Soliciting prostitution in Florida is prohibited under Florida Statute § 796.07. This statute makes it illegal to solicit, induce, entice, or procure another person to engage in prostitution. Prostitution is defined broadly and includes offering, agreeing to, or engaging in sexual activity for money or any other form of consideration.

Under this statute, “soliciting” specifically refers to the act of asking, encouraging, or attempting to engage another person in prostitution. This can occur in various contexts, such as in-person solicitations, online communications, or through intermediaries.

Penalties for Soliciting Prostitution in Florida

The penalties for soliciting prostitution in Florida are designed to be severe in order to deter individuals from engaging in this illegal activity. Some of the most significant consequences include:

Criminal Record: A conviction for soliciting prostitution results in a permanent criminal record, which can have long-lasting effects on your personal and professional life. This record is accessible to potential employers, landlords, and others, making it difficult to obtain employment, housing, and other opportunities.
First Offense: Soliciting prostitution is typically charged as a first-degree misdemeanor. Penalties can include up to one year in jail, one year of probation, and a fine of up to $1,000.
Increased Penalties for Repeat Offenders: If you are convicted of soliciting prostitution multiple times, the penalties become more severe. A second offense can result in a higher fine, longer jail time, and potentially more stringent probation terms.
$5,000 Civil Fine: In addition to the criminal penalties, Florida law imposes a mandatory $5,000 civil fine for individuals convicted of soliciting prostitution. This fine is separate from any criminal fines and is intended to further penalize those involved in prostitution-related activities.
Vehicle Forfeiture: In many cases, the vehicle used to solicit prostitution can be seized by law enforcement. This is a significant penalty, as it can result in the permanent loss of your car or truck, depending on the circumstances of the case.
Embarrassment and Social Stigma: Being arrested and charged with soliciting prostitution can be an incredibly embarrassing experience. The social stigma attached to such a charge can damage your reputation, relationships, and standing in the community.

Miami City Ordinances

In addition to state laws, Miami has specific ordinances designed to combat prostitution. Local law enforcement agencies, such as the Miami Police Department, actively patrol areas known for prostitution-related activities and use undercover operations to catch individuals soliciting sex. These local efforts often result in high-profile stings that receive significant media attention, further compounding the embarrassment and consequences for those involved.

Potential Defenses to Soliciting Prostitution Charges

While the penalties for soliciting prostitution are severe, there are several potential defenses that can be used to challenge the charges. Some of the most common defenses include:

Lack of Intent: One of the key elements of a soliciting prostitution charge is intent. The prosecution must prove that you intentionally solicited another person for prostitution. If your attorney can show that there was no intent, or that the encounter was misunderstood, the charges may be reduced or dismissed.
Entrapment: Entrapment occurs when law enforcement induces an individual to commit a crime that they would not have otherwise committed. If you were pressured or coerced into soliciting prostitution by an undercover officer, your attorney might argue entrapment as a defense.
Insufficient Evidence: In some cases, the evidence against you may be weak or circumstantial. If the prosecution cannot present strong evidence to prove that you solicited prostitution, your attorney can argue for a dismissal of the charges.
Violation of Rights: If law enforcement violated your constitutional rights during the arrest or investigation, such as conducting an illegal search or seizure, your attorney can file a motion to suppress the evidence, which could result in the dismissal of the charges.

Why You Need an Experienced Defense Attorney

If you are arrested and charged with soliciting prostitution in Miami, it is crucial to seek the help of an experienced criminal defense attorney. The legal team at Albert Quirantes, Esq., specializes in defending individuals accused of prostitution-related offenses. With a deep understanding of Florida’s laws and a track record of successfully defending clients, Albert Quirantes and his team can provide the representation you need to fight the charges.

Conclusion

Soliciting prostitution is a serious offense in Florida, particularly in Miami, where law enforcement is vigilant in cracking down on such activities. The penalties for this crime are severe and can include jail time, significant fines, vehicle forfeiture, and a permanent criminal record. The social and personal stigma attached to a conviction can be devastating.

However, with the right legal representation, it is possible to challenge the charges and protect your rights. Albert Quirantes, Esq., and his team of criminal defense lawyers have successfully defended many clients accused of soliciting prostitution, helping them avoid the long-term consequences of a conviction. If you are facing these charges, contact Albert Quirantes, Esq., at (305) 644-1800 for a consultation. With their help, you can work toward a favorable outcome and avoid the lasting impact of a solicitation conviction.