Florida Statutes

Fla. Stat. § 796.05 (2025)

Deriving support from the proceeds of prostitution.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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796.05 Deriving support from the proceeds of prostitution.—

(1) It shall be unlawful for any person with reasonable belief or knowing another person is engaged in prostitution to live or derive support or maintenance in whole or in part from what is believed to be the earnings or proceeds of such person’s prostitution.

(2) Anyone violating this section commits:

(a) For a first offense, a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(b) For a second offense, a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(c) For a third or subsequent offense, a felony of the first degree punishable as provided in s. 775.082, s. 775.083, or s. 775.084, with a mandatory minimum term of imprisonment of 10 years.

History.—ss. 1, 2, ch. 21662, 1943; s. 767, ch. 71-136; s. 2, ch. 81-281; s. 1, ch. 87-168; s. 3, ch. 93-227; s. 11, ch. 2014-160.

Arrestable Offenses under F.S. 796.05

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd

§796.05(1)PROCURE FOR PROSTITUTELIVE OFF EARNINGS OF PROSTITUTE 1ST OFFF · 2nd

§796.05(1)PROCURE FOR PROSTITUTELIVE OFF EARNINGS OF PROSTITUTE 2ND OFFF · 1st

§796.05(1)PROCURE FOR PROSTITUTELIVE OFF EARNING OF PROSTITUTE 3RD OR SUBQ OFFF · 1st

§796.05PROCURE FOR PROSTITUTERENUMBERED. SEE REC # 7763F · 3rd

§796.05PROCURE FOR PROSTITUTERENUMBERED. SEE REC # 7823F · 2nd

§796.05(2a)PROCURE FOR PROSTITUTERENUMBERED. SEE REC # 8956F · 2nd

§796.05(2a)PROCURE FOR PROSTITUTEREPEALED 2014-160F · 2nd

§796.05(2b)PROCURE FOR PROSTITUTERENUMBERED. SEE REC # 8957F · 1st

§796.05(2b)PROCURE FOR PROSTITUTEREPEALED 2014-160F · 1st

§796.05(2c)PROCURE FOR PROSTITUTERENUMBERED. SEE REC # 8958F · 1st

§796.05(2c)PROCURE FOR PROSTITUTEREPEALED 2014-160F · 1st

Notes of Decisions

Cited in 12 cases, 1986–2019 · leading case: Brown v. State, 506 So. 2d 1068 (Fla. 2d DCA 1987).

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Brown v. State, 506 So. 2d 1068 (Fla. 2d DCA 1987). · cites it 4× “Appellant appeals the judgment and sentence resulting from his adjudication of guilty of living off the earnings of a prostitute in violation of section 796.05, Florida Statutes (1983). Appellant raises a number of points on appeal, only three of which we discuss.”

State v. Tyrrell, 807 So. 2d 122 (Fla. 5th DCA 2002). · cites it 2× “[2] § 796.05, Fla. Stat. (1999). [3] § 921.002, et seq.”

State v. Otte, 887 So. 2d 1186 (Fla. 2004). · cites it 2× “(1999), and with deriving support from prostitution in violation of section 796.05, Florida Statutes (1999). The State obtained an order authorizing a wiretap on a telephone in Otte's home.”

State v. Rivers, 660 So. 2d 1360 (Fla. 1995). · cites it 2× “[6] § 796.05, Fla. Stat. (1991). [7] Deriving support from the proceeds of prostitution is a third-degree felony, punishable by a term of imprisonment not exceeding five years.”

Pronesti v. State, 847 So. 2d 1165 (Fla. 5th DCA 2003). · cites it 2× “Michele Gerardo Pronesti appeals his conviction for deriving support from the proceeds of prostitution, in violation of section 796.05(1), Florida Statutes. We affirm.”

Helms v. State, 38 So. 3d 182 (Fla. 1st DCA 2010). · cites it 3× “This is an appeal from defendant’s convictions for deriving support from the proceeds of prostitution, in violation of section 796.05(1), Florida Statutes (2009), and transporting another individual for the purposes of prostitution, in violation of section 796.”

Eaton v. State, 481 So. 2d 1254 (Fla. 3d DCA 1986). · cites it 2× “For the reasons stated, we hold section 796.05 to be constitutional. We also hold that no other reversible error has been shown with regard to appellant’s conviction.”

Hubard v. State, 17 So. 3d 1274 (Fla. 2d DCA 2009). · cites it 2× “Deriving support from the proceeds of prostitution is a third-degree felony, § 796.05(2), Fla. Stat. (2001), and is a level 3 offense for scoresheet purposes, § 921.”

State v. Morris, 540 So. 2d 226 (Fla. 5th DCA 1989). · cites it 2× “This is an appeal from an order dismissing a criminal information which purports to allege a violation of section 796.05(1), Florida Statutes (1987).”

State v. Rivers, 643 So. 2d 3 (Fla. 5th DCA 1994). · cites it 2× “Rivers was also charged with one violation of section 796.05, Florida Statutes (1991) (deriving support from the proceeds of prostitution), a third degree felony.”

United States v. Ramiro Hernandez, 194 F. App'x 851 (11th Cir. 2006). · cites it 2× “1(b)(5), for use or possession of a firearm in connection with two other felony offenses, namely: (1) “deriv[ing] support or maintenance in whole or in part from what is believed to be the earnings or proceeds of such person’s prostitution,” in violation of Fla. Stat. § 796.05…”

United States v. Jesse Lewis (11th Cir. 2019). “ved, as proper exercises of a district court’s broad discretion under the Federal Rules of Evidence, admission of extrinsic bad acts evidence of conduct or events further removed in time from 4 The Florida statutes under which Lewis had been found guilty made it unlawful “for…”

— 796.05(1) — 3 cases

Pronesti v. State, 847 So. 2d 1165 (Fla. 5th DCA 2003). “Michele Gerardo Pronesti appeals his conviction for deriving support from the proceeds of prostitution, in violation of section 796.05(1), Florida Statutes. We affirm.”

Helms v. State, 38 So. 3d 182 (Fla. 1st DCA 2010). “This is an appeal from defendant’s convictions for deriving support from the proceeds of prostitution, in violation of section 796.05(1), Florida Statutes (2009), and transporting another individual for the purposes of prostitution, in violation of section 796.”

State v. Morris, 540 So. 2d 226 (Fla. 5th DCA 1989). “This is an appeal from an order dismissing a criminal information which purports to allege a violation of section 796.05(1), Florida Statutes (1987).”

— 796.05(2) — 1 case

Hubard v. State, 17 So. 3d 1274 (Fla. 2d DCA 2009). “Deriving support from the proceeds of prostitution is a third-degree felony, § 796.05(2), Fla. Stat. (2001), and is a level 3 offense for scoresheet purposes, § 921.”

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