The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES

Chapter 796
PROSTITUTION

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F.S. 796.09

796.09 Coercion; civil cause of action; evidence; defenses; attorney’s fees.—

(1) A person has a cause of action for compensatory and punitive damages against:

(a) A person who coerced that person into prostitution;

(b) A person who coerces that person to remain in prostitution; or

(2) As used in this section, the term “prostitution” has the same meaning as in s. 796.07.

(3) As used in this section, the term “coercion” means any practice of domination, restraint, or inducement for the purpose of or with the reasonably foreseeable effect of causing another person to engage in or remain in prostitution or to relinquish earnings derived from prostitution, and includes, but is not limited to:

(a) Physical force or threats of physical force.

(b) Physical or mental torture.

(d) Blackmail.

(e) Extortion or claims of indebtedness.

(f) Threat of legal complaint or report of delinquency.

(g) Threat to interfere with parental rights or responsibilities, whether by judicial or administrative action or otherwise.

(h) Promise of legal benefit.

(i) Promise of greater financial rewards.

(j) Promise of marriage.

(k) Restraint of speech or communication with others.

(l) Exploitation of a condition of developmental disability, cognitive limitation, affective disorder, or substance dependency.

(m) Exploitation of victimization by sexual abuse.

(n) Exploitation of pornographic performance.

(o) Exploitation of human needs for food, shelter, safety, or affection.

(4) In the course of litigation under this section, any transaction about which a plaintiff testifies or produces evidence does not subject such plaintiff to criminal prosecution or any penalty or forfeiture. Further, any testimony or evidence, documentary or otherwise, or information directly or indirectly derived from such testimony or evidence which is given or produced by a plaintiff or a witness for a plaintiff shall not be used against these persons in any other investigation or proceeding. Such testimony or evidence, however, may be used against a plaintiff or a witness for a plaintiff upon any criminal investigation or proceeding for perjury committed while giving such testimony or producing such evidence.

(5) It does not constitute a defense to a complaint under this section that:

(a) The plaintiff was paid or otherwise compensated for acts of prostitution;

(b) The plaintiff engaged in acts of prostitution prior to any involvement with the defendant; or

(6) Evidence of convictions for prostitution or prostitution-related offenses are inadmissible in a proceeding brought under this section for purposes of attacking the plaintiff’s credibility.

(7) In any action brought under this section, the court, in its discretion, may award prevailing plaintiffs reasonable attorney’s fees and costs.

History.—s. 1, ch. 91-32; s. 20, ch. 93-227; s. 34, ch. 2016-24.

F.S. 796.09 on Google Scholar

F.S. 796.09 on Casetext

Amendments to 796.09

Arrestable Offenses / Crimes under Fla. Stat. 796.09

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 796.09.

Annotations, Discussions, Cases:

Cases from cite.case.law:

MYERS, v. CENTRAL FLORIDA INVESTMENTS, INC., 592 F.3d 1201 (11th Cir. 2010)

. . . battery, common law claims in Florida, and inducement to prostitution, in violation of Florida Statute § 796.09 . . .

BRYAN, v. A. BRYAN,, 930 So. 2d 693 (Fla. Dist. Ct. App. 2006)

. . . following claims against the husband: dissolution of marriage; coerced prostitution pursuant to section 796.09 . . .

BALAS v. A. RUZZO,, 703 So. 2d 1076 (Fla. Dist. Ct. App. 1997)

. . . Count I is an action for coercion of prostitution pursuant to section 796.09, Florida Statutes. . . . The petitioners also claim that this information is privileged under section 796.09 and is not calculated . . . Section 796.09(5) specifically provides that it is not a defense that the plaintiff was paid or otherwise . . . Even though the scope of discovery is generally quite broad, section 796.09 is designed to encourage . . . Had the petitioners brought their lawsuit against Ruzzo and The Boardroom only under section 796.09, . . . The employees’ primary cause of action is based on section 796.09(1), Florida Statutes, which provides . . . prostitution or their past or present earning experience on the basis of subparagraph 5 of section 796.09 . . . But then we get to the definition of “coercion” contained in section 796.09(3): (3) As used in this section . . . “because it beats the heck out of working for a living” simply should not meet the test of section 796.09 . . . Section 796.09 does not appear to be a general prostitute’s relief act. . . .

McCLARY v. MIDLAND LAND DEVELOPMENT CO., 109 F. Supp. 847 (E.D. Tenn. 1952)

. . . E., Biggs, who likewise would have ■enjoyed a preferred position as to $796.09, had he complied with . . .

v., 2 T.C. 75 (T.C. 1943)

. . . At the end of its fiscal year 1937 the petitioner carried on its books as an asset an item of $796.09 . . . the respondent makes the point that the evidence does not show whether the petitioner claimed the $796.09 . . .