The Florida Senate

¹796.07  Prohibiting prostitution, etc.; evidence; penalties; definitions.--

(1)  As used in this section:

(a)  "Prostitution" means the giving or receiving of the body for sexual activity for hire but excludes sexual activity between spouses.

(b)  "Lewdness" means any indecent or obscene act.

(c)  "Assignation" means the making of any appointment or engagement for prostitution or lewdness, or any act in furtherance of such appointment or engagement.

(d)  "Sexual activity" means oral, anal, or vaginal penetration by, or union with, the sexual organ of another; anal or vaginal penetration of another by any other object; or the handling or fondling of the sexual organ of another for the purpose of masturbation; however, the term does not include acts done for bona fide medical purposes.

(2)  It is unlawful:

(a)  To own, establish, maintain, or operate any place, structure, building, or conveyance for the purpose of lewdness, assignation, or prostitution.

(b)  To offer, or to offer or agree to secure, another for the purpose of prostitution or for any other lewd or indecent act.

(c)  To receive, or to offer or agree to receive, any person into any place, structure, building, or conveyance for the purpose of prostitution, lewdness, or assignation, or to permit any person to remain there for such purpose.

(d)  To direct, take, or transport, or to offer or agree to direct, take, or transport, any person to any place, structure, or building, or to any other person, with knowledge or reasonable cause to believe that the purpose of such directing, taking, or transporting is prostitution, lewdness, or assignation.

(e)  To offer to commit, or to commit, or to engage in, prostitution, lewdness, or assignation.

(f)  To solicit, induce, entice, or procure another to commit prostitution, lewdness, or assignation.

(g)  To reside in, enter, or remain in, any place, structure, or building, or to enter or remain in any conveyance, for the purpose of prostitution, lewdness, or assignation.

(h)  To aid, abet, or participate in any of the acts or things enumerated in this subsection.

(i)  To purchase the services of any person engaged in prostitution.

(3)  In the trial of a person charged with a violation of this section, testimony concerning the reputation of any place, structure, building, or conveyance involved in the charge, testimony concerning the reputation of any person residing in, operating, or frequenting such place, structure, building, or conveyance, and testimony concerning the reputation of the defendant is admissible in evidence in support of the charge.

(4)  A person who violates any provision of this section commits:

(a)  A misdemeanor of the second degree for a first violation, punishable as provided in s. 775.082 or s. 775.083

(b)  A misdemeanor of the first degree for a second violation, punishable as provided in s. 775.082 or s. 775.083

(c)  A felony of the third degree for a third or subsequent violation, punishable as provided in s. 775.082, s. 775.083, or s. 775.084

(5)  A person who is charged with a third or subsequent violation of this section shall be offered admission to a pretrial intervention program or a substance-abuse treatment program as provided in s. 948.08

²(6)  A person who violates paragraph (2)(f) shall be assessed a civil penalty of $500 if the violation results in any judicial disposition other than acquittal or dismissal. The proceeds from penalties assessed under this subsection shall be paid to the circuit courts administrator for the sole purpose of paying the administrative costs of mandatory treatment-based drug court programs provided under s. 397.334

History.--ss. 1, 2, 3, 4, 5, ch. 21664, 1943; s. 769, ch. 71-136; s. 3, ch. 81-281; s. 1, ch. 86-143; s. 39, ch. 91-110; s. 181, ch. 91-224; s. 5, ch. 93-227; s. 4, ch. 2002-297; s. 118, ch. 2003-402.

¹Note.--

A.  Section 1, ch. 2002-297, provides that:

"Project HOPE.--

"(1)  There is created a 2-year community-based program in Pinellas County and Hillsborough County that shall include early intervention for a person convicted of prostitution, as defined in section 796.07(1)(a), Florida Statutes. Any person convicted two or more times under section 796.07, Florida Statutes, shall undergo screening and evaluation for substance abuse prior to sentencing. After screening and evaluation for substance abuse, the person shall enter into a court-authorized substance abuse treatment program, if recommended.

"(2)  The proposed program shall be called Project HOPE (Healthy Options Promoting Esteem). Project HOPE shall provide services that include intake and screening, initial drug screening and urinalysis tests, psychosocial assessments, case management, short-term supportive counseling, community referrals, and referrals to residential and nonresidential drug treatment.

"(3)  In order to successfully curb the prostitution cycle, intervention efforts must target the solicitor or buyer of prostitute services as described in section 796.07(2)(f), Florida Statutes. A person convicted for a first or second time under section 796.07, Florida Statutes, shall be given the option to attend a rehabilitative educational program recommended by the court for solicitors or buyers of prostitution services. If the person convicted chooses this option, adjudication shall be withheld pending the completion of the requirements of such program. The person is required to attend six classes within 6 months and pay $350 in fees. The program provider shall provide monthly tracking of the person's attendance, progress, and attitude to the court until the classes are completed."

B.  Section 3, ch. 2002-297, provides that "[t]he Office of Program Policy Analysis and Government Accountability shall conduct a program review of Project HOPE as created by this act for the 2002-2003 and 2003-2004 fiscal years and shall present a report of its findings and recommendations to the President of the Senate and the Speaker of the House of Representatives by December 1, 2004."

²Note.--Section 118, ch. 2003-402, amended subsection (6), effective July 1, 2004, to read:

(6)  A person who violates paragraph (2)(f) shall be assessed a civil penalty of $500 if the violation results in any judicial disposition other than acquittal or dismissal. The proceeds from penalties assessed under this subsection shall be paid to the circuit court administrator for the sole purpose of paying the administrative costs of treatment-based drug court programs provided under s. 397.334