Most people charged with solicitation in Florida were arrested in an undercover sting and have never been in trouble before. The charge is usually a misdemeanor, but it carries a $5,000 civil penalty, a public arrest record, and a real risk to a career and a marriage. A Florida prostitution and solicitation lawyer can often protect far more than the fine.
Goldman Wetzel defends people charged with prostitution and solicitation offenses across Tampa Bay. Attorney Summer Goldman is a former prosecutor, and she and her partner, Maribeth Wetzel, work every case together. Call (727) 828-3900 or contact us online for a free, confidential consultation.
Arrested in a sting? What to do first
Solicitation arrests usually come from an online ad or a hotel operation run by undercover officers, and the conversations are recorded. The first decisions you make afterward affect the outcome.
- Do not explain yourself to the officers. Anything you say after the arrest is evidence. Ask for a lawyer and stop.
- Do not plead at your first court date to get it over with. A guilty or no contest plea brings the $5,000 civil penalty and a criminal record, even when the judge imposes no jail.
- Keep the messages and the ad. Screenshots of what was actually said, and by whom, are often the heart of the defense.
- Call a Florida prostitution and solicitation lawyer before your court date. In a misdemeanor case, your lawyer can often appear in court for you.
What Florida law prohibits
Section 796.07, Florida Statutes defines prostitution as giving or receiving the body for sexual activity for hire. The statute reaches both sides of the transaction and the people around it. It is unlawful to:
- Offer to commit, or commit, prostitution
- Solicit, induce, entice, or procure another person to commit prostitution
- Purchase the services of a person engaged in prostitution
- Offer or agree to secure another person for prostitution
- Own or operate a place used for prostitution, or receive someone there for that purpose
- Transport a person knowing the purpose is prostitution
- Aid or take part in any of these acts
No sexual act and no payment has to take place. An agreement, or even an appointment made for that purpose, can be enough for a charge.
Penalties for prostitution and solicitation in Florida
Florida punishes soliciting more heavily than prostitution itself. Soliciting starts one level higher than the other offenses and rises faster with each new charge.
| Offense | First violation | Second violation | Third or later violation |
|---|---|---|---|
| Soliciting another person to commit prostitution, § 796.07(2)(f) | First-degree misdemeanor: up to 1 year in jail and a $1,000 fine | Third-degree felony: up to 5 years in prison and a $5,000 fine | Second-degree felony: up to 15 years in prison and a $10,000 fine |
| Prostitution and the other offenses in § 796.07 | Second-degree misdemeanor: up to 60 days in jail and a $500 fine | First-degree misdemeanor: up to 1 year in jail and a $1,000 fine | Third-degree felony: up to 5 years in prison and a $5,000 fine |
Arrested in a Sting? Talk to Us Before Your Court Date.
Contact Goldman Wetzel for a free, confidential consultation with a Florida prostitution and solicitation lawyer.
A solicitation charge also carries penalties the other offenses do not:
- A $5,000 civil penalty, owed after any outcome other than an acquittal or a dismissal.
- 100 hours of community service upon conviction.
- An educational program on prostitution and human trafficking, where the judicial circuit offers one.
- At least 10 days in jail for a second or later conviction.
- Vehicle impoundment for up to 60 days, at the judge’s discretion, if a vehicle was used.
Florida repealed its public database of people convicted of solicitation on January 1, 2024, so a conviction no longer puts a person on that list.
A person charged with a third or later prostitution offense must be offered a pretrial intervention or substance abuse treatment program. Related offenses, such as forcing a person into prostitution or living off the earnings, are felonies, and any case involving a minor is far more serious.
Consequences beyond the sentence
For most clients, the court penalties are not the main worry.
- A public record. The arrest, the booking photo, and the court file are public, and sting arrests are often announced by the sheriff’s office.
- Work and licensing. A conviction can affect professional licenses, security clearances, and employment.
- Immigration. For a non-citizen, a prostitution-related conviction can affect status and admission to the United States.
- Family. These cases often surface in divorce and custody proceedings.
A misdemeanor prostitution or solicitation charge between adults does not require sex offender registration. Depending on how the case ends, the record may be eligible for sealing or expungement, which is one reason not to plead guilty at the first court date.
How a Florida prostitution and solicitation lawyer defends these charges
The State must prove an agreement to exchange sexual activity for something of value. In a sting case, the recording usually shows exactly what was and was not said.
- No agreement. Vague talk, a conversation about time or companionship, or an offer the accused never accepted is not enough. We compare the recording and the messages to the officer’s report.
- Entrapment. An undercover ad is not entrapment by itself. It becomes entrapment when officers pressure or persuade someone who was not otherwise inclined to commit the offense.
- Identity. In cases built on texts or online messages, the State has to prove who sent them.
- Unlawful police conduct. Evidence from an illegal stop, search, or detention can be suppressed.
- The right outcome for a first offense. When the evidence is strong, we look for a resolution that avoids a conviction, such as a diversion program when available, or a plea to a different offense.
In most first-offense cases, the goal is to keep a single arrest from becoming a lasting record.
Why Goldman Wetzel
- A former prosecutor’s view of the case. Summer Goldman prosecuted cases before she defended them, and she knows how the State handles sting arrests.
- Both partners on your case. Summer Goldman and Maribeth Wetzel work as a team on every case the firm takes.
- Discretion. We handle these cases quietly, we contact you only the way you ask us to, and everything you tell us is confidential.
- Local. We have offices in St. Petersburg, Tampa, and Bradenton and represent clients in Pinellas, Hillsborough, Manatee, and Sarasota Counties.
Frequently asked questions
What is the difference between prostitution and solicitation?
Prostitution is offering or agreeing to engage in sexual activity for hire. Solicitation is asking or enticing another person to do so, which is the charge usually brought against the person accused of trying to buy. Solicitation carries the heavier penalties.
Is it entrapment if the ad was posted by the police?
Not by itself. Officers are allowed to create an opportunity to commit a crime. Entrapment requires more, such as persistent pressure on someone who was not inclined to go along. Whether it applies depends on the full recording of the conversation.
Do I have to go to court?
Often not for a misdemeanor. Your lawyer can usually appear at routine hearings on your behalf, which matters to clients who cannot miss work or do not want to be seen at the courthouse.
Will I have to register as a sex offender?
No, not for a misdemeanor prostitution or solicitation charge between adults. Florida repealed its separate public list of people convicted of solicitation in 2024.
Can the charge be sealed or expunged?
Sometimes. It depends on how the case ends and on your prior record.
Contact a Florida prostitution and solicitation lawyer
A first arrest does not have to define your record. If you have been arrested for or charged with prostitution or solicitation, call Goldman Wetzel at (727) 828-3900 or contact us online for a free, confidential consultation before your first court date.
We represent clients in Pinellas, Hillsborough, Manatee, and Sarasota Counties. For other charges, see our Florida sex crimes page.
Arrested in a Sting? Talk to Us Before Your Court Date.
Contact Goldman Wetzel for a free, confidential consultation with a Florida prostitution and solicitation lawyer.