Prostitution, Pimping, and Pandering Laws in Florida

Prostitution and a variety of acts related to it are crimes under Florida law. Florida reserves some of its harshest penalties for those who engage, solicit, or procure the prostitution services of minors younger than 18.

Is Prostitution Legal in Florida?

No. Prostitution and related offenses are illegal in Florida. The state makes it a crime to:

• work as a prostitute
• purchases the services of a prostitute (patrons)
• arrange prostitution services
• profit off of another's prostitution, or
• procure or promote prostitution services.

Florida law defines prostitution as providing sexual activity for hire. Sexual activity can include sexual intercourse, oral or anal sex, or fondling another for masturbation.

(Fla. Stat. § 796.07 (2024).)

What Are the Penalties for Prostitution in Florida?

Florida makes it a crime to sell or buy prostitution services. These crimes carry the same penalties.

Engaging in Prostitution (Adult Prostitutes)

It's illegal for an adult to engage in or offer to engage in prostitution, including making an appointment or agreement to do so (called assignation).

Under Florida's Safe Harbor laws, a minor younger than 18 cannot be arrested or prosecuted for engaging or offering to engage in prostitution. The law considers the child to be sexually exploited and in need of protection.

Purchasing Prostitution Services (Patrons)

A patron or customer who purchases prostitution services also commits a crime. The law also prohibits a person from entering or remaining in a building, structure, or vehicle for prostitution purposes.

If the patron engages the services of an adult, the offense falls under this law prohibiting prostitution. Engaging the services of a minor can result in much harsher penalties for trafficking, sexual abuse of a child, or sexual battery.

Penalties for Prostitution Activities

Florida law makes a first prostitution offense a misdemeanor of the second degree. A second conviction is a misdemeanor of the first degree. All subsequent violations are felonies of the third degree.

(Fla. Stat. §§ 39.01, 409.1678, 787.06, 796.001, 796.07 (2024).)

What Are the Penalties for Pimping Activities in Florida?

Florida makes it a crime to arrange or profit from another's prostitution services—sometimes called pimping. The law prohibits:

• offering to secure prostitution services for another
• directing or transporting someone for prostitution services, or
• taking any earnings or proceeds of another's prostitution.

Arranging prostitution services of an adult carries misdemeanor penalties for a first or second offense. Subsequent offenses are third-degree felonies.

Taking the earnings of an adult prostitute starts as a second-degree felony. Repeat offenses are first-degree felonies.

When any of these acts involve a minor or force or coercion, a defendant can face trafficking charges that carry first-degree felony penalties.

(Fla. Stat. §§ 787.06, 796.05, 796.07 (2024).)

What Are the Penalties for Promoting Prostitution in Florida?

A wide range of prohibited activities relate to promoting prostitution. As with the above crimes, if the offense involves a child, the defendant can be charged with human trafficking.

Operating a Place of Prostitution

A person who owns, operates, or rents a place, building, or vehicle for the purposes of prostitution commits a misdemeanor for a first offense. Repeat offenses can be misdemeanors or felonies.

Procuring Someone to Commit Prostitution

It's a crime to solicit, induce, entice, or otherwise procure someone to commit prostitution. This offense starts as a misdemeanor of the first degree. A second violation is a felony of the third degree, as is forcing, compelling, or coercing someone to become a prostitute. Subsequent violations are felonies of the second degree.

On top of incarceration and fines, a judge must order a convicted defendant to pay a $5,000 civil penalty. Judges can also order up to 100 hours of community service, educational courses, and impoundment of any vehicle used in the offense.

(Fla. Stat. §§ 787.06, 796.04, 796.07 (2024).)

What Are the Penalties for Human Trafficking in Florida?

Florida's human trafficking laws cover exploiting another for commercial sexual activities, which includes prostitution. A person commits trafficking by patronizing, procuring, soliciting, or transporting another to exploit them for prostitution services. It's a crime whether the person acts knowingly or recklessly disregards the facts.

When the victim is an adult, the prosecution must prove coercion on the part of the defendant. Coercion can be threats or use of physical force, restraint, threats of financial harm, deceit, fraud, or use of drugs. The prosecution does not need to prove coercion when the victim is a child, and mistake of age is not a defense.

Human trafficking convictions carry first-degree felony penalties.

(Fla. Stat. § 787.06 (2024).)

Talk to a Lawyer

If you face any type of prostitution or trafficking charges, speak to a criminal defense attorney. A conviction can have serious ramifications. A lawyer can help you understand what's at stake and defend your case.