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Florida Statute 796.05 - Full Text and Legal Analysis
Florida Statute 796.05 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 796.05 Case Law from Google Scholar Google Search for Amendments to 796.05

The 2025 Florida Statutes

Title XLVI
CRIMES
Chapter 796
PROSTITUTION
View Entire Chapter
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.

F.S. 796.05 on Google Scholar

F.S. 796.05 on CourtListener

Amendments to 796.05


Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 796.05
Level: Degree
Misdemeanor/Felony: First/Second/Third

S796.05 1 - PROCURE FOR PROSTITUTE - LIVE OFF EARNINGS OF PROSTITUTE 1ST OFF - F: S
S796.05 1 - PROCURE FOR PROSTITUTE - LIVE OFF EARNINGS OF PROSTITUTE 2ND OFF - F: F
S796.05 1 - PROCURE FOR PROSTITUTE - LIVE OFF EARNING OF PROSTITUTE 3RD OR SUBQ OFF - F: F
S796.05 - PROCURE FOR PROSTITUTE - RENUMBERED. SEE REC # 7763 - F: T
S796.05 - PROCURE FOR PROSTITUTE - RENUMBERED. SEE REC # 7823 - F: S
S796.05 2a - PROCURE FOR PROSTITUTE - RENUMBERED. SEE REC # 8956 - F: S
S796.05 2a - PROCURE FOR PROSTITUTE - REPEALED 2014-160 - F: S
S796.05 2b - PROCURE FOR PROSTITUTE - RENUMBERED. SEE REC # 8957 - F: F
S796.05 2b - PROCURE FOR PROSTITUTE - REPEALED 2014-160 - F: F
S796.05 2c - PROCURE FOR PROSTITUTE - RENUMBERED. SEE REC # 8958 - F: F
S796.05 2c - PROCURE FOR PROSTITUTE - REPEALED 2014-160 - F: F

Cases Citing Statute 796.05

Total Results: 10  |  Sort by: Relevance  |  Newest First

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State v. Tyrrell, 807 So. 2d 122 (Fla. 5th DCA 2002).

Cited 17 times | Published | Florida 5th District Court of Appeal | 2002 WL 91297

...delines because valid reasons for departure were not established); State v. Arvinger, 751 So.2d 74 (Fla. 5th DCA 1999). SENTENCES VACATED; REMANDED FOR RESENTENCING. THOMPSON, C.J. and COBB, J., concur. NOTES [1] § 895.03(3), Fla. Stat. (1999). [2] § 796.05, Fla....
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State v. Rivers, 660 So. 2d 1360 (Fla. 1995).

Cited 7 times | Published | Supreme Court of Florida | 1995 WL 392855

...mbling, robbery, bribery, extortion, or dealing in narcotic drugs, marihuana, or other dangerous drugs." 18 U.S.C. § 2516 (2) (1988). [3] § 895.03, Fla. Stat. (1991). [4] § 796.07(3), Fla. Stat. (1991). [5] § 796.07(2)(d), Fla. Stat. (1991). [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. See §§ 775.082(3)(d), 796.05, Fla....
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Brown v. State, 506 So. 2d 1068 (Fla. 2d DCA 1987).

Cited 7 times | Published | Florida 2nd District Court of Appeal | 12 Fla. L. Weekly 930

...Butterworth, Atty. Gen., Tallahassee, and Theda R. James, Asst. Atty. Gen., Tampa, for appellee. PER CURIAM. 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. We have considered each of the issues presented by the appellant including his attack on the constitutionality of section 796.05, Florida Statutes (1983)....
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State v. Otte, 887 So. 2d 1186 (Fla. 2004).

Cited 6 times | Published | Supreme Court of Florida | 2004 WL 2251849

...ice that provided prostitution services. It charged Otte with racketeering and conspiracy to commit racketeering in violation of Florida's RICO statute, § 895.03(3)-(4), Fla. Stat. (1999), and with deriving support from prostitution in violation of section 796.05, Florida Statutes (1999)....
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Pronesti v. State, 847 So. 2d 1165 (Fla. 5th DCA 2003).

Cited 2 times | Published | Florida 5th District Court of Appeal | 2003 WL 21471637

...Crist, Jr., Attorney General, Tallahassee, and Rebecca Roark Wall, Assistant Attorney General, Daytona Beach, for Appellee. THOMPSON, C.J. Michele Gerardo Pronesti appeals his conviction for deriving support from the proceeds of prostitution, in violation of section 796.05(1), Florida Statutes....
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Hubard v. State, 17 So. 3d 1274 (Fla. 2d DCA 2009).

Cited 1 times | Published | Florida 2nd District Court of Appeal | 2009 Fla. App. LEXIS 14256, 2009 WL 3049002

...Whether listed in the "Additional Offense(s)" section or the "Prior Record" section, misdemeanor counts are each assigned a point value of 0.2. § 921.0024(1)(a), Fla. Stat. (2001). Deriving support from the proceeds of prostitution is a third-degree felony, § 796.05(2), Fla....
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Eaton v. State, 481 So. 2d 1254 (Fla. Dist. Ct. App. 1986).

Cited 1 times | Published | District Court of Appeal of Florida | 11 Fla. L. Weekly 149, 1986 Fla. App. LEXIS 5823

...The purpose of the statute is to prohibit prostitution and all incidental acts, such as pimping, which foster and encourage prostitution. Legislative enactments are presumed to be constitutional. State v. Lick, 390 So.2d 52 (Fla.1980). 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. Therefore, the judgment and sentence appealed are affirmed. Affirmed. . Section 796.05 reads in relevant part: (1) [I]t shall be unlawful for anyone to live off the earnings of any other person with the knowledge or reasonable cause to believe that such earnings are derived from prostitution....
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Helms v. State, 38 So. 3d 182 (Fla. 1st DCA 2010).

Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 6962, 2010 WL 1994075

HAWKES, C.J. 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 796.07(2)(d), Florida Statutes (2009)....
...Burrows, 940 So.2d 1259, 1261 (Fla. 1st DCA 2006); Robinson v. State, 936 So.2d 1164, 1166 (Fla. 1st DCA 2006). An element of both of the charges for which defendant was convicted required the State to prove he knew or had reasonable cause to believe prostitution might occur. Section 796.05(1) states it shall be unlawful for any person “with reasonable belief or knowing another person is engaged in prostitution” to derive support from the earnings of such prostitution....
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State v. Morris, 540 So. 2d 226 (Fla. Dist. Ct. App. 1989).

Published | District Court of Appeal of Florida | 14 Fla. L. Weekly 755, 1989 Fla. App. LEXIS 1465, 1989 WL 25349

DAUKSCH, Judge. 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)....
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State v. Rivers, 643 So. 2d 3 (Fla. Dist. Ct. App. 1994).

Published | District Court of Appeal of Florida | 1994 Fla. App. LEXIS 8009, 1994 WL 419603

...a misdemeanor. Additionally, two of the appellees were charged with violations of section 796.07(2)(d), Florida Statutes (1991) (directing or transporting for the purpose of prostitution), a misdemeanor. 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....

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