You came for the sun, the parties, and the unforgettable memories – but are you prepared for the legal risks? Florida’s strict solicitation laws catch many Spring Breakers off guard, turning what seems like a harmless conversation into a serious criminal charge. This article is part of BD Law’s 10-part Spring Break Legal Awareness Series, helping tourists understand the legal pitfalls that could derail their vacation – and their future.
A Night Out That Ends in Handcuffs
Spring Break in South Florida is all about sun, nightlife, and unforgettable experiences. But for some, the night takes an unexpected turn – one moment, they’re chatting with an attractive stranger at a hotel bar, and the next, they’re in handcuffs, facing solicitation charges.
What many tourists don’t realize is how broad Florida’s solicitation laws are. You don’t have to exchange money or explicitly ask for services to be arrested. Even vague conversations, implied agreements, or suggestive language can be enough to trigger charges.
As a former prosecutor, Brandon Dinetz of BD Law has seen firsthand how quickly innocent interactions can be misinterpreted in sting operations. He has successfully defended countless individuals caught in these situations, helping them fight back against damaging charges.
For example, asking if someone is "available" and discussing a potential meet-up in a way that suggests an exchange – without ever mentioning money – could still be interpreted as solicitation and used as evidence in a case. A seemingly harmless conversation can quickly escalate into legal trouble.
If a situation feels too good to be true – it probably is.
What Is Solicitation of Prostitution in Florida?
Under Florida Statute § 796.07, solicitation occurs when a person offers, agrees to, or engages in an exchange – whether it’s money, gifts, or other compensation – for sexual acts. Even discussing an exchange, without any physical act taking place, can result in an arrest.
Common Misconceptions About Solicitation Laws:
- “If no money changed hands, I can’t be charged.” → False. An offer or agreement alone is enough.
- “If I was just talking, it’s not illegal.” → False. If the conversation implies an exchange for sex, it is considered solicitation.
- “This is entrapment!” → Not necessarily. Law enforcement only needs to create the opportunity – if you voluntarily engage, it’s not considered entrapment under Florida law.
How Law Enforcement Conducts Solicitation Stings in South Florida
During Spring Break, law enforcement intensifies solicitation stings in high-traffic nightlife areas, hotels, and unlicensed spas. These operations often target locations associated with high-end nightlife, escort services, and illicit massage parlors.
Common Law Enforcement Tactics:
- Undercover Officers in Bars & Clubs: Officers pose as escorts or sex workers, waiting for individuals to initiate a conversation that suggests an exchange of money for companionship.
- Fake Escort Ads: Authorities post misleading listings on escort websites, and anyone who responds may unknowingly interact with an undercover officer.
- Massage Parlor Stings & Surveillance: Law enforcement closely monitors unlicensed spas and businesses suspected of offering illegal services.
While these establishments may seem discreet, law enforcement frequently conducts raids, often leading to public arrests. To avoid legal trouble, stick to well-known, licensed spas at reputable hotels. Even asking about ‘extra services’ at an unverified location could put you under suspicion.
Misdemeanor vs. Felony Solicitation Charges
The severity of a solicitation charge in Florida depends on prior offenses, location, and whether aggravating factors are involved.
First-time offense → Second-degree misdemeanor
- Up to 60 days jail time
- Up to $500 fine
- Mandatory $5,000 civil penalty
- Completion of a state-approved prostitution and human trafficking awareness course
- Mandatory STD health screening
Second offense → First-degree misdemeanor
- Up to one year in jail
- Up to $1,000 fine
- Mandatory $5,000 civil penalty
- 100 hours of community service
- Potential driver’s license suspension (at the court’s discretion)
Third or subsequent offense → Third-degree felony
- Up to five years in prison
- Up to $5,000 fine
- Mandatory sex offender registration
- Not eligible for record sealing or expungement
Aggravating Factors That Can Increase Penalties
Certain circumstances can escalate solicitation charges to more severe penalties:
- Soliciting near a school, church, or park: Even for a first offense, committing solicitation in these areas triggers enhanced penalties, including higher fines and longer probationary periods.
- Soliciting a minor (under 18): Even unknowingly engaging with a minor can have severe legal consequences. Under Florida law, any solicitation involving a minor is an automatic felony, regardless of intent. A conviction carries harsh penalties, including severe fines, a lengthy prison sentence, and mandatory lifetime sex offender registration. If law enforcement suspects a connection to human trafficking, additional felony charges may apply, leading to even more severe consequences.
Beyond Jail Time: The Hidden Costs of a Solicitation Conviction
A solicitation charge doesn’t end with fines or jail time. The consequences can follow you for years, affecting your career, finances, and future opportunities. Here’s what’s at stake:
Vehicle Impoundment & Asset Seizure
- Used your car to meet someone for solicitation? Florida police can impound your vehicle, leaving you responsible for costly fees to retrieve it.
- In addition to fines and penalties, courts may seize any cash or property linked to the offense, further increasing financial burdens.
Career & Professional Licensing Risks
- Working in healthcare, education, finance, or law enforcement? A conviction could cost you your job or professional license.
- Many employers conduct routine background checks, and even a misdemeanor solicitation charge could show up, making future job searches difficult.
What to Do If You’re Arrested for Solicitation in Florida
If you’re arrested, your next steps can significantly impact your case:
- Do not admit guilt. Anything you say can and will be used against you.
- Do not argue or resist arrest. This can lead to additional charges.
- Do not discuss your case online. Prosecutors may monitor social media.
- Remain silent and ask to speak with a criminal defense attorney immediately.
Pretrial Diversion for First-Time Offenders
First-time offenders may qualify for pretrial diversion programs – a second chance to keep your record clean and avoid jail time. These programs may include:
- Court-ordered education programs on the legal consequences of solicitation.
- Community service to meet diversion requirements.
- Counseling sessions for personal or legal rehabilitation.
Why It Matters: Completing these programs can lead to case dismissal – which means no criminal record, no conviction, and no lasting consequences. An experienced attorney can determine if you qualify and help negotiate the best possible outcome.
How BD Law Fights Solicitation Charges in Florida
Facing solicitation charges in Florida is serious and requires immediate legal action. Attorney Brandon Dinetz, a former prosecutor, has successfully defended clients against solicitation and sting operation arrests. His insight into prosecution tactics allows BD Law to fight aggressively on your behalf.
Our legal team:
- Negotiates charge reductions or dismissals to minimize penalties.
- Challenges evidence and arrest procedures for potential violations.
- Explores diversion programs for eligible first-time offenders.
- Fights to minimize penalties and protect your future.
Charged with Solicitation? Protect Your Future Today with BD Law
If you or a loved one has been arrested for solicitation in West Palm Beach, Boca Raton, Fort Lauderdale, Miami, Jupiter, Delray Beach, or anywhere in South Florida, time is of the essence.
A conviction can impact your career, education, and reputation, and without skilled legal defense, the consequences can be severe. Attorney Brandon Dinetz has extensive experience handling solicitation cases and understands the complexities of these charges. As a former prosecutor, he has insight into how these cases are built, allowing BD Law to develop strong defense strategies tailored to each client’s situation. His knowledge and experience enable him to fight for the best possible resolution in your case.
Don’t let one mistake define your future. Contact BD Law today for a confidential, free consultation.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. If you are facing charges, consult with a criminal defense attorney.