Penalties for Prostitution and Related Acts

HB 257 2026

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A bill to be entitled 1
An act relating to penalties for prostitution and 2
related acts; amending s. 796.07, F.S.; increasing the 3
penalties for certain offenses; amending ss. 456.074, 4
480.041, 480.043, and 480.046, F.S.; conforming 5
provisions to changes made by the act; providing an 6
effective date. 7
8
Be It Enacted by the Legislature of the State of Florida: 9
10
Section 1. Paragraphs (b), (c), and (d) of subsection (5) 11
of section 796.07, Florida Statutes, are redesignated as 12
paragraphs (a), (b), and (c), respectively, subsection (4), 13
paragraph (a) and present subsection (d) of subsection (5), and 14
subsection (7) of that section are amended, and subsection (2) 15
of that section is republished, to read: 16
796.07 Prohibiting prostitution and related acts.— 17
(2) It is unlawful: 18
(a) To own, establish, maintain, or operate any place, 19
structure, building, or conveyance for the purpose of lewdness, 20
assignation, or prostitution. 21
(b) To offer, or to offer or agree to secure, another for 22
the purpose of prostitution or for any other lewd or indecent 23
act. 24
(c) To receive, or to offer or agree to receive, any 25

HB 257 2026

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person into any place, structure, building, or conveyance for 26
the purpose of prostitution, lewdness, or assignation, or to 27
permit any person to remain there for such purpose. 28
(d) To direct, take, or transport, or to offer or agree to 29
direct, take, or transport, any person to any place, structure, 30
or building, or to any other person, with knowledge or 31
reasonable cause to believe that the purpose of such directing, 32
taking, or transporting is prostitution, lewdness, or 33
assignation. 34
(e) For a person 18 years of age or older to offer to 35
commit, or to commit, or to engage in, prostitution, lewdness, 36
or assignation. 37
(f) To solicit, induce, entice, or procure another to 38
commit prostitution, lewdness, or assignation. 39
(g) To reside in, enter, or remain in, any place, 40
structure, or building, or to enter or remain in any conveyance, 41
for the purpose of prostitution, lewdness, or assignation. 42
(h) To aid, abet, or participate in any of the acts or 43
things enumerated in this subsection. 44
(i) To purchase the services of any person engaged in 45
prostitution. 46
(4)(a) A person who violates any provision of this 47
section, other than paragraph (2)(f), commits: 48
(a)1. A felony misdemeanor of the third second degree for 49
a first violation, punishable as provided in s. 775.082 or s. 50

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775.083. 51
(b)2. A felony misdemeanor of the second first degree for 52
a second violation, punishable as provided in s. 775.082 or s. 53
775.083. 54
(c)3. A felony of the first third degree for a third or 55
subsequent violation, punishable as provided in s. 775.082, s. 56
775.083, or s. 775.084. 57
(b) A person who is charged with a third or subsequent 58
violation of this section, other than paragraph (2)(f), shall be 59
offered admission to a pretrial intervention program or a 60
substance abuse treatment program as provided in s. 948.08. 61
(5)(a) A person who violates paragraph (2)(f) commits: 62
1. A misdemeanor of the first degree for a first 63
violation, punishable as provided in s. 775.082 or s. 775.083. 64
2. A felony of the third degree for a second violation, 65
punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 66
3. A felony of the second degree for a third or subsequent 67
violation, punishable as provided in s. 775.082, s. 775.083, or 68
s. 775.084. 69
(c)(d)1. If a person who violates paragraph (2)(f) uses a 70
vehicle in the course of the violation, the judge, upon the 71
person's conviction, may issue an order for the impoundment or 72
immobilization of the vehicle for a period of up to 60 days. The 73
order of impoundment or immobilization must include the names 74
and telephone numbers of all immobilization agencies meeting all 75

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of the conditions of s. 316.193(13). Within 7 business days 76
after the date that the court issues the order of impoundment or 77
immobilization, the clerk of the court must send notice by 78
certified mail, return receipt requested, to the registered 79
owner of the vehicle, if the registered owner is a person other 80
than the defendant, and to each person of record claiming a lien 81
against the vehicle. 82
2. The owner of the vehicle may request the court to 83
dismiss the order. The court must dismiss the order, and the 84
owner of the vehicle will incur no costs, if the owner of the 85
vehicle alleges and the court finds to be true any of the 86
following: 87
a. The owner's family has no other private or public means 88
of transportation; 89
b. The vehicle was stolen at the time of the offense; 90
c. The owner purchased the vehicle after the offense was 91
committed, and the sale was not made to circumvent the order and 92
allow the defendant continued access to the vehicle; or 93
d. The vehicle is owned by the defendant but is operated 94
solely by employees of the defendant or employees of a business 95
owned by the defendant. 96
3. If the court denies the request to dismiss the order, 97
the petitioner may request an evidentiary hearing. If, at the 98
evidentiary hearing, the court finds to be true any of the 99
circumstances described in sub-subparagraphs 2.a.-d. (d)2.a.-d., 100

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the court must dismiss the order and the owner of the vehicle 101
will incur no costs. 102
(7) If the place, structure, building, or conveyance that 103
is owned, established, maintained, or operated in violation of 104
paragraph (2)(a) is a massage establishment that is or should be 105
licensed under s. 480.043, the offense shall be reclassified to 106
the next higher degree as follows: 107
(a) A felony misdemeanor of the third second degree for a 108
first violation is reclassified as a felony misdemeanor of the 109
second first degree, punishable as provided in s. 775.082 or s. 110
775.083. 111
(b) A felony misdemeanor of the second first degree for a 112
second violation is reclassified as a felony of the first third 113
degree, punishable as provided in s. 775.082, s. 775.083, or s. 114
775.084. 115
(c) A felony of the first third degree for a third or 116
subsequent violation is reclassified as a life felony of the 117
second degree, punishable as provided in s. 775.082, s. 775.083, 118
or s. 775.084. 119
Section 2. Paragraph (l) of subsection (4) and paragraph 120
(q) of subsection (5) of section 456.074, Florida Statutes, are 121
amended to read: 122
456.074 Certain health care practitioners; immediate 123
suspension of license.— 124
(4) The department shall issue an emergency order 125

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suspending the license of a massage therapist and establishment 126
as those terms are defined in chapter 480 upon receipt of 127
information that the massage therapist; the designated 128
establishment manager as defined in chapter 480; an employee of 129
the establishment; a person with an ownership interest in the 130
establishment; or, for a corporation that has more than $250,000 131
of business assets in this state, the owner, officer, or 132
individual directly involved in the management of the 133
establishment has been arrested for committing or attempting, 134
soliciting, or conspiring to commit, or convicted or found 135
guilty of, or has entered a plea of guilty or nolo contendere 136
to, regardless of adjudication, a violation of s. 796.07 or a 137
felony offense under any of the following provisions of state 138
law or a similar provision in another jurisdiction: 139
(l) Section 796.07 796.07(4)(a)3., relating to a felony of 140
the third degree for a third or subsequent violation of s. 141
796.07, relating to prohibiting prostitution and related acts. 142
(5) The department shall issue an emergency order 143
suspending the license of any health care practitioner who is 144
arrested for committing or attempting, soliciting, or conspiring 145
to commit any act that would constitute a violation of any of 146
the following criminal offenses in this state or similar 147
offenses in another jurisdiction: 148
(q) Section 796.07(4)(c) 796.07(4)(a)3., relating to a 149
felony of the first third degree for a third or subsequent 150

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violation of s. 796.07, relating to prohibiting prostitution and 151
related acts. 152
Section 3. Paragraph (l) of subsection (6) of section 153
480.041, Florida Statutes, is amended to read: 154
480.041 Massage therapists; qualifications; licensure; 155
endorsement.— 156
(6) The board shall deny an application for a new or 157
renewal license if an applicant has been convicted or found 158
guilty of, or enters a plea of guilty or nolo contendere to, 159
regardless of adjudication, a violation of s. 796.07(2)(a) which 160
is reclassified under s. 796.07(7) or a felony offense under any 161
of the following provisions of state law or a similar provision 162
in another jurisdiction: 163
(l) Section 796.07(4)(c) 796.07(4)(a)3., relating to a 164
felony of the first third degree for a third or subsequent 165
violation of s. 796.07, relating to prohibiting prostitution and 166
related acts. 167
Section 4. Subsection (8) of section 480.043, Florida 168
Statutes, is amended to read: 169
480.043 Massage establishments; requisites; licensure; 170
inspection; human trafficking awareness training and policies.— 171
(8) The department shall deny an application for a new or 172
renewal license if an establishment owner or a designated 173
establishment manager or, for a corporation that has more than 174
$250,000 of business assets in this state, an establishment 175

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owner, a designated establishment manager, or any individual 176
directly involved in the management of the establishment has 177
been convicted of or entered a plea of guilty or nolo contendere 178
to any misdemeanor or felony crime, regardless of adjudication, 179
related to prostitution or related acts as described in s. 180
796.07 or a felony offense under any of the following provisions 181
of state law or a similar provision in another jurisdiction: 182
(a) Section 787.01, relating to kidnapping. 183
(b) Section 787.02, relating to false imprisonment. 184
(c) Section 787.025, relating to luring or enticing a 185
child. 186
(d) Section 787.06, relating to human trafficking. 187
(e) Section 787.07, relating to human smuggling. 188
(f) Section 794.011, relating to sexual battery. 189
(g) Section 794.08, relating to female genital mutilation. 190
(h) Former s. 796.03, relating to procuring a person under 191
the age of 18 for prostitution. 192
(i) Former s. 796.035, relating to selling or buying of 193
minors into prostitution. 194
(j) Section 796.04, relating to forcing, compelling, or 195
coercing another to become a prostitute. 196
(k) Section 796.05, relating to deriving support from the 197
proceeds of prostitution. 198
(l) Section 796.07, relating to prohibiting prostitution 199
and related acts. 200

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(m)(l) Section 800.04, relating to lewd or lascivious 201
offenses committed upon or in the presence of persons less than 202
16 years of age. 203
(n)(m) Section 825.1025(2)(b), relating to lewd or 204
lascivious offenses committed upon or in the presence of an 205
elderly or disabled person. 206
(o)(n) Section 827.071, relating to sexual performance by 207
a child. 208
(p)(o) Section 847.0133, relating to the protection of 209
minors. 210
(q)(p) Section 847.0135, relating to computer pornography. 211
(r)(q) Section 847.0138, relating to the transmission of 212
material harmful to minors to a minor by electronic device or 213
equipment. 214
(s)(r) Section 847.0145, relating to the selling or buying 215
of minors. 216
Section 5. Paragraph (c) of subsection (3) of section 217
480.046, Florida Statutes, is amended to read: 218
480.046 Grounds for disciplinary action by the board.— 219
(3) The board shall revoke or suspend the license of a 220
massage establishment licensed under this act, or deny 221
subsequent licensure of such an establishment, if any of the 222
following occurs: 223
(c) The establishment owner, the designated establishment 224
manager, or any individual providing massage therapy services 225

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for the establishment has had the entry in any jurisdiction of: 226
1. A final order or other disciplinary action taken for 227
sexual misconduct involving prostitution; 228
2. A final order or other disciplinary action taken for 229
crimes related to the practice of massage therapy involving 230
prostitution; or 231
3. A conviction or a plea of guilty or nolo contendere to 232
any misdemeanor or felony crime, regardless of adjudication, 233
related to prostitution or related acts as described in s. 234
796.07. 235
Section 6. This act shall take effect October 1, 2026. 236