Florida/Georgia Personal Injury & Workers Compensation

...As for Plaintiff V, there is no real dispute that her conduct was not “casual and voluntary.” Francis was convicted under a Plea Agreement of one count of child abuse under Florida Statutes § 827.03(1)(c) and two counts of prostitution under Florida Statutes § 796.07(2)(f) for his actions with Plaintiff V....

...t is greater than the penalty imposed by state statutes regulating similar conduct. See Thomas v. State, 614 So.2d 468 (Fla. 1993). Florida's loitering statute, section 856.021, Florida Statutes (1987), and its prostitution and solicitation statute, section 796.07(3)(b) (1987), create second-degree misdemeanors calling for a maximum imprisonment of sixty days in jail. Sections 856.021(3), 796.07(5), 775.082(4)(b), Fla....

...e that the unlawful intent to engage in prostitution-related activities exists." Dissenting op. at 24. If interpreted in this manner, the ordinance clearly proscribes conduct already proscribed by the state prostitution and solicitation statute. See § 796.07, Fla....

...The majority adopts Wyche's argument that the maximum six-month penalty under the ordinance is illegal because it provides for greater punishment than that provided for the same offense under the loitering statute, section 856.021, Florida Statutes (1989), and the statute prohibiting prostitution and solicitation, subsection 796.07(5), Florida Statutes (1989)....

...State's Atty., for appellee. ROBERTS, Justice. This cause has been transferred to us by the Circuit Court, Fifteenth Judicial Circuit *389 in and for Palm Beach County, it appearing that the trial judge directly ruled on the constitutionality of Sections 828.21, 800.02, and 796.07, Florida Statutes, F.S.A., thereby vesting jurisdiction in this Court pursuant to Article V, Section 3(b)(1), Florida Constitution, F.S.A....

...On January 19, 1973, appellant was charged by information with two counts of causing a minor under 18 to become a delinquent or dependent child, two counts of unnatural and lascivious acts, and four counts of assignation contrary to Sections 828.21, 800.02, and 796.07, Florida Statutes, F.S.A....

...1971)], that the words `unnatural and lascivious' or `lewd and lascivious' are of such a character that an ordinary citizen can easily determine what character of act is intended, and are thus secure from constitutional attack." Witherspoon v. State, etc., supra, at 612. Section 796.07, Florida Statutes, F.S.A., provides in pertinent part: "(1) As used in this section, unless the context clearly requires otherwise: (a) The term `prostitution' shall be construed to include the giving or receiving of the body for sexua...

...admissible in evidence in support of the charge. (5) Any person who shall violate any provision of this section shall be deemed guilty of a misdemeanor of the second degree, punishable as provided in § 775.082 or § 775.083." Appellant argues that Section 796.07, Florida Statutes, F.S.A., is unconstitutional because the term lewdness is vague....

...*391 We are not unmindful of the decision of the United States District Court, Southern District of Florida, in Miami Health Studios, Inc. v. The City of Miami Beach, 353 F. Supp. 593 (S.D.Fla., 1973), wherein that court determined that the lewdness provision of Section 796.07 was unconstitutionally vague and indefinite; however, decisions by United States District Courts when well-reasoned are at the most persuasive and are not controlling in matters before us....

...i, Florida Appellate Rules, 32 F.S.A., see Redditt v. State of Florida, 84 So.2d 317 (Fla. 1955). The record before us supports a finding that the plea was voluntarily and knowingly made and that the trial court properly accepted the plea as such. Accordingly, we hold Section 828.21, 800.02 and 796.07, Florida Statutes, F.S.A., to be constitutional and affirm the judgment of the trial court....

...Gen., Tallahassee, and Richard G. Pippinger, Asst. Atty. Gen., Tampa, for appellee. SUNDBERG, Justice. This cause is before us on appeal from an order of the judge of the County Court for Pinellas County, Florida, which initially and directly passed on the constitutionality of Section 796.07(3)(a), Florida Statutes (1975). We have jurisdiction pursuant to Article V, Section 3(b)(1), Florida Constitution. Appellant, Michael Whitted, was charged with the offense of prostitution, lewdness or assignation under Section 796.07(3)(a), *670 Florida Statutes (1975), [1] for having engaged in sexual intercourse with a 15-year-old student, Lucy Carr. Appellant entered a written plea of not guilty and the case was set for jury trial. Prior to trial appellant filed a motion to dismiss the information alleging, inter alia, [2] that Section 796.07(3)(a), is unconstitutional in that the term "lewdness" is unconstitutionally vague....

...of its provisions because mere vaginal sexual intercourse does not constitute "licentious sexual intercourse without hire," the definition of "prostitution." The trial judge rejected these contentions and specifically upheld the constitutionality of Section 796.07(3)(a)....

...ed the testimony of Lucy Carr and Lisa Webb. However, appellant had chosen not to testify in his own behalf. At the conclusion of the State's case, appellant's counsel renewed his motion to dismiss the information based on the unconstitutionality of Section 796.07(3)(a), Florida Statutes (1975), alleging that the phrase "licentious sexual intercourse" is vague in failing to specify the conduct which it seeks to proscribe....

...The jury returned a verdict of guilty of prostitution. Appellant was adjudicated guilty by the court and sentenced to a term of forty days in the county jail with twenty days suspended. Seven issues have been raised for consideration by this Court: (1) Whether the term "assignation" in Section 796.07(3)(a), Florida Statutes (1975), is impermissibly vague for failure to specify the statutorily proscribed conduct; (2) whether the term "lewdness" is also vague; (3) whether the phrase "licentious sexual intercourse without hire" is vague or, alternatively, is overbroad in seeking to proscribe constitutionally protected activity; (4) whether, assuming the constitutional validity of Section 796.07(3)(a), the information failed to charge appellant with the crime of prostitution in that mere vaginal sexual intercourse does not constitute "licentious sexual intercourse without hire"; (5) whether the trial court erred in excluding t...

...sa Webb and Lucy Carr; and (7) whether the trial court properly permitted introduction of evidence of the good character of the State's witnesses Lisa Webb and Lucy Carr for truth and veracity. The first three issues involve the constitutionality of Section 796.07(3)(a), the trial judge's ruling upon which constitutes the *672 basis of our jurisdiction....

...State, supra, also dictates that appellant's fourth point must fail. Because appellant engaged in sexual intercourse with an unmarried female he ran afoul of the prohibition of Section 798.03, the fornication statute, and, concomitantly, engaged in licentious sexual intercourse without hire in violation of Section 796.07(3)(a), the prostitution statute. Consequently, the information filed against appellant did not fail to charge him with a violation of Section 796.07(3)(a)....

...nd remand the cause to the County Court for Pinellas County, Florida, for disposition not inconsistent herewith. It is so ordered. ADKINS, BOYD and ALDERMAN, JJ., concur. ENGLAND, C.J., and OVERTON and HATCHETT, JJ., concur in result only. NOTES [1] § 796.07(3)(a), Fla....

...On that day appellee Bales allegedly offered for monetary consideration to fondle or masturbate the sexual organs of a male person who was not her spouse and who was, in fact, an Orange County deputy sheriff. She was charged by information with violating Section 796.07, Florida Statutes: "(1)(b) The term `lewdness' shall be construed to include any indecent or obscene act." "(3) It shall further be unlawful in the state: (a) To offer to commit, or to commit, or to engage in, prostitution, lewdness, or assignation." In a second count, Ms....

...ner or operator of the "Garden of Paradise," was charged in the same two-count information with aiding and abetting the commission of both offenses. Appellees filed separate but identical motions to dismiss the information alleging, inter alia, that Section 796.07 is unconstitutionally vague and that Chapter 480 is unconstitutionally vague, overly broad and that there is no reasonable relationship between *11 the requirements of the latter statute and the public safety and welfare. The trial court denied appellees' motion as to Section 796.07 but granted as to Chapter 480, ruling that "the definitions of masseur are vague, overbroad and an inordinate use of the police powers of the State of Florida." The State appeals from this ruling, while appellees Bales and Cataldo cross-appeal their unsuccessful challenge to Section 796.07, Florida Statutes....

...We therefore find Section 480.02(1), Florida Statutes (1975), and its companion legislation, as herein read and interpreted, to be constitutional vel non. Appellees cross-assign as error the trial court's denial of their motion to dismiss the lewdness count entered under Section 796.07(3)(a), Florida Statutes, supra....

...range County for further proceedings not inconsistent herewith. OVERTON, C.J., and ADKINS, BOYD, HATCHETT and ROBERTS (Retired), JJ., concur. ENGLAND, J., concurs with majority opinion on F.S. § 480.02(1), and dissents from majority opinion on F.S. § 796.07 for reasons expressed in Campbell v....

...Gen., Tampa, for appellee. SUNDBERG, Justice. This cause has been transferred to us by the Circuit Court of the Thirteenth Judicial Circuit, in and for Hillsborough County. Because the Judge of the County Court initially and directly passed on the constitutionality of Section 796.07(3)(c), Florida Statutes (1975), by ruling that the statute was not unconstitutionally vague, jurisdiction vests in this Court pursuant to Article V, Section 3(b)(1), Florida Constitution....

...When appellant was asked if she was a prostitute, she replied in the affirmative. Appellant was issued a summons charging that she "did enter, occupy or remain in Room # 5 of the Harbor Lite Motel for the purpose of lewdness, assignation and prostitution" in violation of Section 796.07(3)(c), Florida Statutes (1975). [1] Appellant filed a motion to dismiss the action, alleging that "the charge is unconstitutional for reasons of vagueness." Relying upon this Court's decision in Bell v. State, 289 So.2d 388 (Fla. 1973), which held that the term "lewdness" in Section 796.07 was not unconstitutionally vague, the trial judge denied the motion to dismiss. At a nonjury trial appellant was found guilty as charged. Prior to sentencing, appellant filed a petition for writ of habeas corpus in the United States District Court for the Middle District of Florida, alleging that Section 796.07(3)(c), Florida Statutes (1975), was unconstitutional....

...State, supra, which merely held that the term "lewdness" was not unconstitutionally vague. Subsequent to dismissal of appellant's petition for writ of habeas corpus, the county judge erroneously adjudicated appellant guilty of offering to commit prostitution in violation of Section 796.07(3)(a), Florida Statutes (1975), rather than of "enter[ing]......

...After appellant's appeal was lodged in this Court, we relinquished jurisdiction, permitting the trial court to amend the judgment to adjudicate appellant guilty as charged under subsection (c) of the statute. Appellant correctly points out that there was no evidence in this case of solicitation of payment for sexual favors. Section 796.07(3)(c) prohibits, inter alia, entering a structure for the purpose of committing prostitution....

...Webster's New World Dictionary (2d ed. 1976). Black's Law Dictionary (Rev. 4th ed. 1968) defines "licentiousness" as follows: The indulgence of the arbitrary will of the individual, without regard to ethics or law... . Licentious sexual intercourse as proscribed by Section 796.07(3)(c), then, is that which is without regard to and, therefore, is in violation of, the law....

...03, Florida Statutes (1975). Since their illicit sexual intercourse would be in violation of Section 798.03, their carnal union would be "without regard to ... law" and would thus constitute "licentious sexual intercourse without hire" as defined in Section 796.07(1)(a), Florida Statutes (1975), and proscribed by subsection (3)(c) of the enactment. Appellant suggests that even if Section 796.07(3)(c) is not unconstitutionally vague, the evidence presented at trial was insufficient to sustain her conviction under subsection (3)(c) for "enter[ing] ......

...in a statute merely because of our belief as to the lack of wisdom of the enactment. See McDonald v. Roland, 65 So.2d 12 (Fla. 1953); Vocelle v. Knight Brothers Paper Co., 118 So.2d 664 (Fla. 1st DCA 1960). If the citizens of our state believe that Section 796.07(3)(c) is an unwise law, the proper forum in which to seek change is the legislature. For the reasons herein stated, the ruling of the trial judge upholding the constitutionality of Section 796.07(3)(c), Florida Statutes (1975), and appellant's conviction are affirmed....

...rostitution. The obvious vagueness of the word "licentious" as used in the statute violates due process of law guaranteed by the Fifth and Fourteenth Amendments to the U.S. Constitution and Article I, Section 9 of the Florida Constitution. NOTES [1] § 796.07, Fla....

...Bussey, 463 So.2d 1141, 1144 (Fla. 1985). To this end, a statute must be written "in language which is relevant to today's society." Franklin, 257 So.2d at 23. We agree with the district court that the words "prostitution" and "lewdness" meet the standards set out above. § 796.07(1)(a), (b), Fla....

...[2] Our research has added nothing to the district court's discussion of the statute's history and the case law. [3] "Ill fame" is the element that distinguishes the felony prohibited by § 796.01, Fla. Stat. (1987), from the misdemeanor prohibited by § 796.07(2)(a), Fla....

...e City of Hollywood (City) challenging the validity of the City's vehicle impoundment ordinance, section 101.46, Hollywood, Florida, Code of Ordinances (1999). Mulligan was arrested by City police officers for soliciting a prostitute in violation of section 796.07, Florida Statutes (2000), a misdemeanor offense....

...led substance under chapter 893 of the Florida Statutes; (2) was used to purchase or attempt to purchase cannabis or a controlled substance; or (3) was used to facilitate the commission of an act of prostitution, assignation, or lewdness pursuant to section 796.07, Florida Statutes....

...Petersburg, for appellants. Jim Smith, Atty. Gen., and Charles Corces, Jr., Asst. Atty. Gen., Tampa, for appellee. BOYD, Justice. In these consolidated appeals, we are presented with challenges to the appellants' convictions in a number of prosecutions under section 796.07(2)(a), (2)(b), (3)(a), and (3)(c), Florida Statutes (1975)....

...Of the 100 that analyzed a crime-related statistic, . . . [only] two analyzed CFSs, but even in these two cases, CFSs were not used to measure crime or crime risk.”). 32 Under Florida law, lewdness is at least a second-degree misdemeanor. See Fla. Stat. § 796.07. 45 (seeking to reduce “prostitution, ....

...Gen., and Gregory C. Smith, Asst. Atty. Gen., Daytona Beach, for appellee. ADKINS, Justice. By direct appeal, Margaret McKenney attacks the validity of her conviction of violating *1233 Florida's assignation statute and her sentence as a habitual misdemeanant. §§ 796.07(3)(a) & 775.084, Fla....

...The defendant first contends that the assignation statute is unconstitutionally vague and overbroad. U.S. Const., amend. I; art. I, § 9, Fla. Const. The statute makes it illegal: To offer to commit, or to commit, or to engage in, prostitution, lewdness, or assignation. § 796.07(3)(a), Fla. Stat. (1977). There is also a legislative definition: The term "assignation" shall be construed to include the making of any appointment or engagement for prostitution or lewdness or any act in furtherance of such appointment or engagement. § 796.07(1)(c), Fla. Stat. (1977). We have recently upheld other portions of section 796.07 against similar constitutional challenges....

...nd is likely to incite or produce such action." Brandenburg v. Ohio, 395 U.S. 444, 447, 89 S.Ct. 1827, 1829, 23 L.Ed.2d 430 (1969). The instant statutory prohibition is limited to conduct which produces lawless action, i.e. prostitution or lewdness. § 796.07(3)(a), Fla....

...itution; 23.5 — Offering to Commit, Committing, or Engaging in Prostitution, Lewdness, or Assignation; 23.6 — Soliciting for Prostitution; 23.7 — Entering for the Purpose of Prostitution, Lewdness, or Assignation; 23.8 — Definitions for Use With s. 796.07, Fla. Stat.; and 23.9 — Optional Definitions for Use With s. 796.07, Fla....

...---------------------------------------- Comment This instruction was adopted 1987 [508 So.2d 1221] and was amended in 1995 [657 So.2d 1152], and 1997 [697 So.2d 84], and 2008. 23.1 MAINTAINING HOUSE A PLACE OF PROSTITUTION, LEWDNESS, OR ASSIGNATION § 796.07(2)(a), Fla....

...medical purposes. Lesser Included Offenses No lesser included offenses have been identified for this offense. Comment This instruction was adopted in 1981 and amended in 2008. 23.2 SOLICITING FOR THE PURPOSE OF PROSTITUTION OR A LEWD OR INDECENT ACT § 796.07(2)(b), Fla....

...e persons present. Lesser Included Offenses No lesser included offenses have been identified for this offense. Comment This instruction was adopted in 1981 and amended in 2008. 23.43 RECEIVING FOR THE PURPOSE OF PROSTITUTION, LEWDNESS OR ASSIGNATION § 796.07(2)(c), Fla....

...r sleeping car. Lesser Included Offenses No lesser included offenses have been identified for this offense. Comment This instruction was adopted in 1981 and amended in 2008. 23.34 TRANSPORTING FOR THE PURPOSE OF PROSTITUTION, LEWDNESS OR ASSIGNATION § 796.07(2)(d), Fla....

...Lesser Included Offenses No lesser included offenses have been identified for this offense. Comment This instruction was adopted in 1981 and amended in 2008. 23.5 OFFERING TO COMMIT, COMMITTING, OR ENGAGING IN PROSTITUTION, LEWDNESS, OR ASSIGNATION § 796.07(2)(e), Fla....

...tment or engagement. Lesser Included Offenses No lesser included offenses have been identified for this offense. Comment This instruction was adopted in 1981 and amended in 2008. 23.6 SOLICITING FOR PROSTITUTION, LEWDNESS, OR ASSIGNATION THE PURPOSE § 796.07(2)(f), Fla....

...ed. Lesser Included Offenses No lesser included offenses have been identified for this offense. Comment This instruction was adopted in 1981 and amended in 2008. 23.7 INMATE OF HOUSE ENTERING FOR THE PURPOSE OF PROSTITUTION, LEWDNESS, OR ASSIGNATION § 796.07(2)(g), Fla....

...A "conveyance" means any motor vehicle, ship, vessel, railroad car, trailer, aircraft, or sleeping car. Lesser Included Offenses No lesser included offenses have been identified for this offense. Comment This instruction was adopted in 1981 and amended in 2008. 23.8 DEFINITIONS FOR USE WITH § 796.07, Fla....

...nclosed by a fence or wall. *489 § 810.011(3), Fla. Stat. 9. A "conveyance" means any motor vehicle, ship, vessel, railroad car, trailer, aircraft, or sleeping car. Comment This instruction was adopted in 1981. 23.9 OPTIONAL DEFINITION FOR USE WITH § 796.07, Fla....

...t. Comment This instruction was adopted in 1981. NOTES [1] The Court rejects the Committee's proposed definition of "lewd and indecent" in instruction 23.2, Soliciting for the Purpose of Prostitution, which did not track the statutory language under section 796.07(1)(b), Florida Statutes....

...iples, his conviction for the crime of keeping a house of ill fame, in violation of section 796.01, Florida Statutes (1977), precludes his subsequent trial under Florida's RICO Act for maintaining or operating a house of prostitution in violation of section 796.07(2)(a), Florida Statutes (1977)....

...articipating in an enterprise through a pattern of racketeering activity, in violation of section 943.462(3). The predicate offense underlying this pattern of racketeering activity was the alleged operation of a house of prostitution in violation of section 796.07(2)(a), encompassing the same time span as that of Carlson's previous conviction....

...701, 6 So.2d 828 (1942), we stated that there are three elements of the offense of keeping a house of ill fame: "the ill fame of the place in question, its use for prostitution or lewdness, and its maintenance by the defendant." Id. at 702, 6 So.2d at 828. Section 796.07(2)(a) — the offense underlying Carlson's RICO prosecution — provides that "it shall be unlawful in the state ... [t]o keep, set up, maintain, or operate any place, structure, building or conveyance for the purpose of lewdness, assignation, or prostitution." A plain reading of section 796.07(2)(a) *176 reveals that the state must prove two elements in order to obtain a conviction under this statute: the use of the place in question for prostitution, lewdness or assignation, and its maintenance or operation by the defendant. Applying the Blockburger test, we see that the offense of maintaining and operating a house of prostitution, in violation of section 796.07(2)(a), requires no proof beyond that which is necessary for conviction under section 796.01....

...a single crime into a series of temporal or spatial units.[ [5] ] We hold that Carlson's conviction under section 796.01 barred his subsequent prosecution under Florida's RICO Act for maintaining or operating a house of prostitution in violation of section 796.07(2)(a)....

...[2] See Note, Racketeers and Non-Racketeers Alike Should Fear Florida's RICO Act, 6 Fla.St. U.L.Rev. 483 (1978). [3] The state, citing Atkinson v. State, 156 Fla. 449, 23 So.2d 524 (1945), argues that since a violation of section 796.01 requires proof of a fact which section 796.07(2)(a) does not — the ill fame of the place in question — these statutory proscriptions are not the "same" offense for double jeopardy purposes. This argument, however, overlooks the reciprocal nature of the Blockburger test, which mandates that a violation of section 796.07(2)(a) requires proof of a fact which section 796.01 does not. This, as stated above, is clearly not the case. The former crime is, in essence, a lesser-included offense. In any event Atkinson, in which this Court merely held that section 796.07(2)(a) did not repeal by implication section 796.01, is irrelevant to the double jeopardy question presented here....

...798.01, Florida Statutes (1977), so that there is actually no differential treatment or classification established. Section 798.01 prohibits living in open adultery. [2] It might also be suggested that married women are subject to prosecution under section 796.07(1)(a), Florida Statutes (1977), which in part defines prostitution as "licentious sexual intercourse without hire." The elements of these offenses, however, are different from fornication....

...decided after rendition of the probation order appealed from, is that extramarital sexual intercourse is not ipso facto illegal under Florida law unless engaged in under circumstances of licentiousness so as to run afoul of the prostitution statute, Section 796.07(1)(a), F.S....

...Robert W. Pope, St. Petersburg, for appellant. Robert L. Shevin, Atty. Gen., and Charles Corces, Jr., Asst. Atty. Gen., Tampa, for appellee. HATCHETT, Justice. In this case, we are again called upon to determine the constitutional validity of Section *339 796.07 [1] and Section 480.02(1) [2] Florida Statutes (1975)....

...Bales, 343 So.2d 9 (Fla. 1977), we uphold the statutes and affirm the judgments entered below. Appellant was charged in two informations with (1) entering, remaining, or residing in a structure or building for the purpose of lewdness, prostitution, or assignation, Section 796.07(3)(c), Florida Statutes; (2) maintaining or operating a place, structure, or building for the purpose of lewdness, assignation, or prostitution, Section 796.07(2)(a), Florida Statutes; (3) committing or offering to commit or engage in lewdness, assignation, or prostitution, Section 796.07(3)(a), Florida Statutes; and (4) practicing massage without a license, Section 480.02(1), Florida Statutes. She moved to dismiss the informations on the ground that Section 796.07 and Section 480.02(1) were unconstitutionally vague. These motions were denied, and appellant pleaded nolo contendere to all charges, specifically reserving her right to appeal. Appellant's argument is threefold: (1) she challenges the constitutionality of Sections 796.07 and 480.02(1), Florida Statutes (1975); (2) she challenges the sufficiency of the charging informations; and (3) she argues that the trial judge erred in denying her motion to include a definition of sexual intercourse in the instructions to the jury....

...l request for instructions is not appealable on a plea of nolo contendere. Accordingly, the judgments entered below are affirmed. It is so ordered. ENGLAND, C.J., and BOYD, OVERTON, SUNDBERG and ALDERMAN, JJ., concur. ADKINS, J., dissents. NOTES [1] Section 796.07, Fla....

...Gen., West Palm Beach, for appellee. CROSS, Judge. Appellant-defendant, William Howard French, was charged by information in count one thereof with unlawfully entering and remaining in a building for the purpose of prostitution, lewdness or assignation, *318 in violation of Section 796.07(3)(c), Florida Statutes, F.S.A., and in count two of the information with unlawfully carrying a concealed firearm contrary to Section 790.01(2), Florida Statutes 1969, F.S.A., tried and convicted by a jury on both counts, and adjudged guilty by the trial court with imposition of sentence....

...wledges that it is reprehensible. What he does defend is his right to be charged under a statute which embraces such conduct. Thus, while he suggests that he may have been prosecuted for lewd cohabitation, § 798.02, Fla. Stat. (1981); prostitution, § 796.07, Fla. Stat. (1981); see Tatzel v. State, 356 So.2d 787 (Fla. 1978) (holding constitutional the defining of licentious sexual intercourse, without consideration, as prostitution under Section 796.07); or contributing to the delinquency of a minor, § 827.04(3), Fla....

...orida corporation engaged in business at 517 Arthur Godfrey Road on Miami Beach, Florida. The other named petitioners are employees or agents of the corporation who have been arrested and charged with violating various subsections of Florida Statute § 796.07 (1971), F.S.A., a copy of which is attached hereto as Appendix "A"....

...on. All charges resulting from the August 14 raid by the Constable's office were subsequently dropped. The Court cannot, however, consider each of the ten raids conducted by the Miami Beach police officers an isolated good-faith attempt to enforce F.S. 796.07, F.S.A....

...sue the prayed-for injunction pending the convening of a three-judge court (which can be accomplished in a matter of days), it became evident that the petitioners were primarily seeking a declaratory decree with respect to the constitutionality of F.S. 796.07, F.S.A....

...Florida Real Estate Commission, 468 F.2d 245 (5th Cir. 1972). Furthermore, in view of the posture which this action had assumed by the conclusion of the December 8 hearing, see, infra, p. 599, this Court's declaratory decree became the only relief sought. In the Court's opinion, F.S. 796.07, F.S.A., is so vague, indefinite and uncertain as to render it violative of the petitioners' Fifth and Fourteenth Amendment rights to due process of law, in that its language, particularly subsection (1)(b) thereof, is not so clearly and de...

...The law enforcement agencies of this state are likewise entitled to have the benefit of delineated standards by which they can ascertain whether or not a citizen's conduct is violative of the law. Although defendants' counsel stated to the Court at the hearing that there was no severability clause found in F.S. 796.07, F.S.A., research has disclosed that when the legislature passed the original act from which the present statute was codified, Ch....

...That in the event any section of this Act, or any part thereof, shall hereafter be held to be unconstitutional, the remainder of this Act shall not be affected thereby." Unfortunately, either by design or by legislative oversight, Section 6 was deleted from the Act when it became F.S. 796.07, F.S.A. See F.S. 796.07 (1949), F.S.A. Today, and at all times material to this action, the law of Florida, of which this Court is bound to take judicial notice, is F.S. § 796.07 (1971), F.S. A., which includes only subsections 1-5 of the original Act. By virtue of F.S. § 11.2422, [4] F.S.A., and National Bank of Jacksonville v. Williams, 38 Fla. 305, 20 So. 931 (Fla.1896), F.S. 796.07, F.S.A., now contains no severability clause....

...ses, it is Ordered and adjudged that the stipulations entered into by the parties in the record of the Court's hearing on December 8, 1972 be and the same hereby are accepted and approved by the Court, it being further Ordered and adjudged that F.S. § 796.07 (1971), F.S.A., be and the same is hereby declared to be in violation of petitioners' Fifth and Fourteenth Amendment rights to due process of law, it being further *600 Ordered and adjudged that the remaining portions of petitioners' complaint be and the same hereby are dismissed, it being further Ordered and adjudged that the State of Florida's Motion to Intervene in this action, filed on December 21, 1972, be and the same is hereby denied as moot. APPENDIX A 796.07 Prohibiting prostitution, etc.; evidence; penalties....

...Supplemental Opinion At the time of entry of the Court's oral order in this cause, at the hearing on December 8, 1972, and by the time the Court's Final Judgment was entered on December 26, 1972, counsel for defendants had not submitted to the Court authority by which the Court could have refrained from striking F.S. § 796.07, *601 07, F.S.A., in its entirety because of the lack of a valid severability clause in the statute....

...The Court, being bound by that holding, now deletes that language on page 12 of its December 26, 1972 opinion which discusses the severability question. The offenses with which petitioners in this action had been charged involved only those portions of F.S. § 796.07, F.S.A., which prohibited "lewdness," as defined in subsection (1)(b) of that statute; no one appearing before this Court has ever contended that any of the petitioners was ever charged with a prostitution violation. The constitutionality of F.S. § 796.07, F.S.A., insofar as it prohibits prostitution was never before the Court. Therefore the Court will judicially delete and sever the definition of "lewdness" in § (1)(b) of F.S. § 796.07, F.S.A., and will sever and strike the term "lewdness" from every subsection of the statute in which it is found as well as the phrase "or for any other lewd or indecent act," as found in subsection (2) (b) of the statute. Upon consideration of the foregoing, it is Ordered and adjudged that the third paragraph on page 599 of the Court's Final Judgment dated December 26, 1972 is hereby corrected and amended to read as follows: Ordered and adjudged that F.S. § 796.07, F.S.A., be and the same is hereby declared to be in violation of petitioners' Fifth and Fourteenth Amendment rights to due process of law insofar as it defines the term "lewdness" in subsection (1)(b) and further as it includes the word "l...

...Case law in other jurisdictions has defined "offer" in similar fashions. [2] In addition to the literal definition of the phrase, it is also important to note that "offer" is a term commonly employed in our criminal statutes. Among these, it is a criminal offense to "offer to commit" prostitution, section 796.07(3)(a); to "offer" a bribe, section 838.016; to "offer" to sell obscene materials, section 847.014(2)(b)(2); to "offer" to sell fireworks, section 791.02; to "offer" to sell lottery tickets, section 849.09(g)....

...We have been presented with a petition for writ of certiorari by Anne Powers, defendant in the county court, seeking review of the circuit court affirmance of her county court conviction for "offering to commit prost[itution] In Viol[lation] of ... [Section] 796.07, [Florida Statutes (1977)]." The petition alleges a departure from the essential requirements of law by the circuit court's affirmance of her conviction on appeal, where the record clearly shows that she (1) was entitled to a jury trial, (2) h...

...We have no objection to taking judicial notice of the fact that the petitioner was also in violation of a municipal ordinance; however, we think we are bound by the record which shows that the petitioner was arrested on a charge of "offering to commit prost. in Viol. of F.S. 796.07 ......

...Aaronson of Benjamin & Aaronson, P.A., Fort Lauderdale, for appellees. Rehearing, Rehearing En Banc, and Certification of Questions Denied February 11, 1997. GROSS, Judge. The State appeals from a county court order dismissing lewdness charges against appellees on the basis that section 796.07(1)(b), Florida Statutes (1991), which defines "lewdness" as "any indecent or obscene act," is unconstitutional under various provisions of the state and federal constitutions....

...The sex acts were performed rhythmically, in conjunction with the music, as part of the performance. The dancers contended that they attempted to communicate the message of eroticism. The officer testified that he, in fact, received the message. Both women were arrested and charged with engaging in lewd acts in violation of section 796.07(3), Florida Statutes (1991). [3] Chapter 796 is entitled "Prostitution." Section 796.07(3)(a), Florida Statutes (1991), provides that it is unlawful "[t]o offer to commit, or to commit, or to engage in, prostitution, lewdness, or assignation." "Lewdness" is defined by section 796.07(1)(b) as "any indecent or obscene act." On the facts set forth above, and pursuant to motions filed by appellees, the court entered two identical orders declaring section 796.07(1)(b) to be unconstitutional and dismissing the charges against both appellees....

...FIRST AMENDMENT On First Amendment grounds, the trial court based its ruling on Miller v. California, 413 U.S. 15, 93 S.Ct. 2607, 37 L.Ed.2d 419 (1973), and Barnes v. Glen Theatre, Inc., 501 U.S. 560, 111 S.Ct. 2456, 115 L.Ed.2d 504 (1991). The court reasoned that section 796.07(1)(b) was unconstitutional as applied to the facts of this case because the offensive sexual conduct was part of a nude dance, which under Barnes is expressive conduct protected by the First Amendment....

...Department of Business Regulation, Div. of Alcoholic Beverages and Tobacco, 592 So.2d 1145 (Fla. 2d DCA), rev. denied, 601 So.2d 552 (Fla.1992), decided the year following Barnes, the court affirmed the revocation of an alcoholic beverage license for violation of section 796.07(2)(a), Florida Statutes (1989), which proscribed operating a building for the purpose of lewdness....

...applicable to the States through the Fourteenth Amendment are adequately protected by the ultimate power of appellate courts to conduct an independent review of constitutional claims when necessary." Id. at 25, 93 S.Ct. at 2615 (emphasis supplied). Section 796.07 regulates conduct, not the expressive material at issue in Miller....

...ented here with the problem of regulating lewd public conduct itself, the States have greater power to regulate nonverbal, physical conduct than to suppress depictions or descriptions of the same behavior. 413 U.S. at 26 n. 8, 93 S.Ct. at 2616 n. 8. Section 796.07 does not attempt to regulate depiction of sexual conduct in material protected by the First Amendment; rather it regulates the actual physical sexual conduct itself....

...woman locked in a sexual embrace at high noon in Times Square is protected by the Constitution because they simultaneously engage in a valid political dialogue. For these reasons, the trial court incorrectly applied the Miller test in this case, and section 796.07(1)(b) is constitutional on its face....

...at the definition of lewdness in section 796.01(1)(b) is unwieldy in practice. In 1993, we rejected this argument and declined to revisit the issue. State v. Davis, 623 So.2d 622 (Fla. 4th DCA 1993). We are bound by the supreme court's decision that section 796.07(1)(b) is not unconstitutionally vague. See id. at 624. We also reverse the trial court's determination that section 796.07(1)(b) is overbroad....

...Lewdness has traditionally been associated with gross indecency with respect to sexual relations. See Chesebrough v. State, 255 So.2d 675, 677-78 (Fla.1971), cert. denied, 406 U.S. 976, 92 S.Ct. 2427, 32 L.Ed.2d 676 (1972). As our supreme court has already determined, section 796.07, including the definition of lewdness, withstands an attack on grounds of overbreadth....

...Long, 544 So.2d 219, 223 (Fla. 2d DCA 1989)). If under Stall there is no privacy right to patronize a retail establishment to purchase obscene material, then there can be no right to patronize a commercial establishment to buy a live, lewd performance violative of section 796.07(3)(a)....

...No one else was present in the room except for the detective and appellee. The building housing the business was constructed in a manner wherein members of the public could not see into the premises. 623 So.2d at 623 (footnote omitted). Davis was charged with engaging in a lewd act in violation of section 796.07(3) for "dancing topless in close proximity to [the detective], encouraging him to masturbate and placing his hand on her inner thigh." Id. at 623 n. 1. Addressing a constitutional attack on the statute, we held: [T]he claimed unconstitutionality of section 796.07(3) as violating the right of privacy is at odds with the state's compelling interest in outlawing prostitution, assignation and lewd behavior, particularly where such conduct involves the sale of services in a commercial enterprise....

...(footnotes omitted). [3] In pertinent part, the information charged that Conforti and Urbano "did ... unlawfully engage in a lewd act, to-wit: cunnilingus and masturbation in the presence of a male patron of "Studio XXX" adult business ... in violation of F.S. 796.07(3)." [4] In Stall, the supreme court quoted the following from Paris Adult Theatre I: ......

...Sarasota-Manatee Airport Authority, 111 So.2d 439 (Fla. 1959). Appellant was charged in a three count information with two counts of false imprisonment in violation of Section 787.02, Florida Statutes (1975), and one count of solicitation to commit prostitution or lewdness contrary to Section 796.07(3)(b), Florida Statutes (1975)....

...We affirm the trial court's ruling that there was probable cause for the arrests, which operates as a complete bar to the actions. See Bolanos v. Metro. Dade County, 677 So.2d 1005 (Fla. 3d DCA 1996). On February 16, 1999, the state charged Mailly and Duffy with engaging in lewdness, contrary to section 796.07(2)(e), Florida Statutes (1999), and remaining in a place for the purposes of prostitution, lewdness, or assignation, in violation of section 796.07(2)(g)....

...stion of fact." LeGrand v. Dean, 564 So.2d 510, 512 (Fla. 5th DCA 1990). Taking the facts in the light most favorable to appellants, we hold that at the time the arrests occurred, the officers had probable cause to arrest appellants for violation of section 796.07(2)(g), remaining in a place for the purposes of prostitution, lewdness, or assignation....

related acts in violation of the laws of Florida. Section 796.07 of the Florida Statutes provides, in part,

...Waller, Tallahassee, for appellee. LEHAN, Acting Chief Judge. We affirm the final order of the Department of Business Regulation, Division of Alcoholic Beverages and Tobacco, which revoked the alcoholic beverage license of appellants on the basis of violating section 796.07(2)(a), Florida Statutes (1989), which proscribes operating a building for the purpose of lewdness. We disagree with appellant's argument that the division director's amendment in the final order, after the hearing had already taken place, of the charges in the notice to show cause so as to charge appellant under section 796.07(2)(a), rather than under section 796.01, as originally charged, constituted reversible error. Conduct in violation of section 796.07 is a lesser-included offense of that in violation of section 796.01....

...State, 576 So.2d 915 (Fla. 2d DCA 1991). Cf. Golden v. State, 578 So.2d 480 (Fla. 2d DCA 1991) (appellate court, pursuant to section 924.34, Florida Statutes (1987), directed trial court to enter judgment for "lesser included offense" described in section 796.07(2)(a) after Warren v....

...enterprise through a pattern of racketeering activity, in violation of section 943.462(3), Florida Statutes. The predicate offense underlying this pattern of racketeering activity was the alleged operation of a house of prostitution in violation of section 796.07(2)(a), Florida Statutes, encompassing the same time span as that of Carlson's previous conviction. The supreme court, applying the test enunciated in Blockburger v. United States, 284 U.S. 299, 52 S.Ct. 180, 76 L.Ed. 306 (1932) stated: [T]he offense of maintaining and operating a house of prostitution, in violation of section 796.07(2)(a), requires no proof beyond that which is necessary for conviction under section 796.01....

...2] The offenses listed in the federal statute include "murder, kidnapping, gambling, 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....

PLACE OF PROSTITUTION, LEWDNESS, OR ASSIGNATION § 796.07(2)(a), Fla. Stat. To prove the crime of Maintaining

...Van Doren, Tallahassee and Ronald Baker, Crawfordville, for appellees. ADKINS, Justice. This is an appeal from an order of the Leon County Court which held the statutory prohibition against prostitution unconstitutional insofar as it applied only to women. See § 796.07(1)(a), Fla....

...We refer to the parties as they appeared in the trial court; appellant as state and appellees as defendants. The defendants, both of whom are women, were charged with unlawfully offering to commit or to engage in prostitution, lewdness or assignation in violation of section 796.07(3)(a), Florida Statutes (1977)....

...C.J.S. Prostitution § 1 at n. 15.5 (1978 Supp.). *53 The state argues these definitions are irrelevant in light of the non-gender based statutory definition which refers to "the giving or receiving of the body for sexual intercourse for hire, ..." § 796.07(1)(a), Fla. Stat. (1977) (emphasis supplied). Furthermore, the section making prostitution a crime says "any person " who violates the statute is guilty of a misdemeanor. § 796.07(5), Fla....

...The State seeks certiorari review of a circuit court order affirming the dismissal of lewdness charges against the respondents. We grant the petition. The respondents were working at adult entertainment establishments when they were arrested and charged under section 796.07(2)(e), Florida Statutes (2002), [1] which makes it unlawful "[t]o offer to commit, or to commit, or to engage in, prostitution, lewdness, or assignation." In county court, the respondents moved to dismiss the charges pursuant to Florid...

...ed party because the officer is not within the class of individuals sought to be protected from such conduct. The county court granted the respondents' motion to dismiss. In its order, the sole question the court addressed was whether a violation of section 796.07(2)(e) could be proved if the only person allegedly offended by the conduct was an undercover officer acting in his official capacity....

...In determining whether the circuit court violated a clearly established principle of law, this court may consider recent controlling case law, rules of court, statutes, and constitutional law. Allstate Ins. Co. v. Kaklamanos, 843 So.2d 885 (Fla.2003). The issue the parties have framed for us is whether section 796.07(2)(e) requires as an element of an offense involving lewdness that a person witnessing the conduct be offended....

...tion 827.071, Florida Statutes (1987) (prohibiting sexual performances by a child or the sexual exploitation of children). That statute did not contain any provision defining lewd. Accordingly, the court had to craft its own definition. In contrast, section 796.07(1)(b) defines lewdness *687 as any indecent or obscene act. It does not require that the conduct be witnessed by others who are offended. See Hall v. Stewart, 297 F.Supp.2d 1328 (S.D.Fla.2004) (holding that offensiveness to others is not an element of the offense under section 796.07 and distinguishing Schmitt and other cases because the statutes involved in those cases did not provide a statutory definition of lewdness)....

...ficiently definite warning of proscribed conduct when measured by common understanding and practice." Bell v. State, 289 So.2d 388, 390 (Fla.1973). See also State v. Waller, 621 So.2d 499, 501 (Fla. 2d DCA 1993) (holding that in defining lewdness in section 796.07 as "indecent or obscene," the legislature "did not suggest that it intended a narrower definition than the common understanding courts have employed to explain that term as a crime involving the concept of indecency")....

...The public defender was appointed to represent Rodehaver. The referee concluded that trading sexual favors for legal service was not a per se violation of rule 4-8.4(i) and found Bryant not guilty of violating rule 4-8.4(i). The referee found Bryant violated section 796.07, Florida Statutes (1997), which outlaws prostitution....

...Hymans, supra, 463 F.2d 615 ("indecent conduct" not vague as applied to public nudity); United States v. New Orleans Book Mart, Inc., 490 F.2d 73 (5th Cir. 1974) (statute prohibiting "obscene, lewd, lascivious or filthy" publications not vague); Bell v. State, 289 So.2d 388 (Fla.1973) (Fla.Stat. 796.07, "lewdness" not vague); Chesebrough v....

violations of the law on the licensed premises under Section 796.07, Florida Statutes (1959), F.S.A., relating

...City of Miami Beach, 491 F.2d 98 (5th Cir. 1974) reversed and remanded the United States District Court's findings that the term "lewdness" read in the context of another statute was unconstitutionally vague. The effect of the remand was that the statute involved, Fla.Stat. § 796.07 (1973) was not determined to be unconstitutional....

...State, 30 Okla. Cr. 302, 236 P. 57, 44 A.L.R. 129 (1925). In the instant case Officer Brown had substantial reason to believe the defendant was committing a misdemeanor in his presence, to wit: soliciting or offering to commit prostitution in violation of § 796.07, Fla. Stat., particularly § 796.07(3)(a), (b), (c), Fla. Stat. No overt act, to wit: sexual intercourse, is required to complete the offense and the mere act of solicitation is a violation of § 796.07, Fla....

...(b) A motor vehicle shall be subject to seizure and impoundment whenever a police officer has probable cause to believe that the vehicle: (1) Was used to facilitate the commission or attempted commission of an act of prostitution, assignation or lewdness as defined in Florida Statute section 796.07 (1995); or (2) Unlawfully contains any controlled substance as defined in Florida Statute section 893.02 (1995); or (3) Was used, intended or attempted to be used, to facilitate the commission of any violation of Florida Statutes chapter 893....

...they shall be guilty of a misdemeanor of the second degree, punishable as provided in § 775.082 or § 775.083." [1] Chesebrough v. State, 255 So.2d 675 (Fla. 1971) (as to Section 800.04, Fla. Stat.); Bell v. State, 289 So.2d 388 (Fla. 1973) (as to Section 796.07, Fla....

...hey shall be guilty of a misdemeanor of the second degree, punishable as provided in § 775.082 or § 775.083." [2] Brock v. Hardie, 114 Fla. 670, 154 So. 690, 694 (1934). [3] Chesebrough v. State, 255 So.2d 675, 677 (Fla. 1971). [4] Id. at 678. [5] Section 796.07, Florida Statutes: Bell v....

...m doing so at the prompting of her attorney, and out of fear of prosecution. Id., ¶ 13. *1571 Florida defines prostitution as "the giving or receiving of the body for sexual activity for hire but excludes sexual activity between spouses." Fla.Stat. § 796.07(1)(a)....

..."Sexual activity" is defined as "oral, anal, or vaginal penetration by, or union with, the sexual organ of another; anal or vaginal penetration of another by any other object; or the handling or fondling of the sexual organ of another for the purpose of masturbation. . . ." Fla.Stat. § 796.07(1)(d). Section 796.07 also makes it unlawful for any person to "purchase the services of any person engaged in prostitution." Fla.Stat. § 796(2)(h)(i). Violation of Section 796.07 constitutes the commission of a misdemeanor. Fla.Stat. § 796.07(4)....

...f the Florida Statutes interferes with that right. V. THE LAW AS APPLIED TO THIS CASE Petitioner has raised both a due process and equal protection challenge to Florida Statutes Chapter 796. The latter challenge is based upon the fact that Fla.Stat. § 796.07(1)(a) excludes married couples from *1581 its reach....

...minutes in exchange for five dollars. During this activity, she allegedly simulated sexual intercourse and rubbed various parts of her anatomy against the fully clothed officer's genital area. Ms. Waller was arrested and charged with a violation of section 796.07(3)(a), Florida Statutes (1989). While this statute is often invoked concerning the crime of prostitution, it also makes it a misdemeanor for a person to "engage in ... lewdness." The statute defines lewdness as "any indecent or obscene act." § 796.07(1)(b), Fla....

...We do not foreclose the possibility that the trial court could properly dismiss this action at a later stage in these proceedings. We note, however, that this court has expressly affirmed an administrative determination that lap dancing in this same lounge was lewd for purposes of section 796.07(2)(a), Florida Statutes....

...On the other hand, we conclude that the circuit court erroneously instructed the county court to employ an incorrect definition of "lewdness." The circuit court explained that Campbell, Chesebrough, and *501 Egal involved prosecutions under statutes other than section 796.07. It stated that the county court erred in relying upon those cases for the definition of "lewdness." It ruled the county court was obligated to limit its analysis of "lewdness" to the definition in section 796.07(1)(b)....

...ndecency, when such act causes offense to one or more persons viewing it or otherwise intrudes upon the rights of others." 590 So.2d at 410 (footnotes omitted). The Florida Standard Jury Instructions in Misdemeanor Cases for use in actions involving section 796.07 define "lewdness" with language derived from both the statute and Campbell and Chesebrough....

...The instructions do not contain any Miller analysis. The state is concerned that the circuit court order may have the effect of invalidating these instructions at least in this case. When the legislature in 1943 defined "lewdness" as "indecent or obscene" for purposes of section 796.07, it did not suggest that it intended a narrower definition than the common understanding courts have employed to explain that term as a crime involving the concept of indecency. Although section 796.07 has been amended on several occasions, the legislature has continued to define lewdness in terms of either indecency or obscenity....

...privacy in whether or not she used tobacco products. In State v. Conforti, 688 So.2d 350 (Fla. 4th DCA 1997), the Fourth District held that exotic dancers were not protected from prosecution against a charge of engaging in lewd acts in violation of section 796.07(3), Florida Statutes (1991), by Florida's constitutional right to privacy....

...Section 796.03 states: Procuring person under age 18 for prostitution.—A person who procures for prostitution, or causes to be prostituted, any person who is under the age of 18 commits a felony of the second degree, punishable as provided in [Chapter 775, Florida Statutes]. Section 796.07, Florida Statutes (1995), defines "prostitution": Prohibiting prostitution, etc.; evidence; penalties; definitions.— (1) As used in this section: (a) "Prostitution" means the giving or receiving of the body for sexual activity for hire but excludes sexual activity between spouses....

...(f) To solicit, induce, entice, or procure another to commit prostitution, lewdness, or assignation. .... (4) A person who violates any provision of this section commits: (a) A misdemeanor of the second degree for a first violation, punishable as provided in [Chapter 775]. § 796.07, Fla....

...nstruction of the language in the defendant's favor under the rule of lenity. § 775.021(1), Fla. Stat. (1995); Perkins v. State, 576 So.2d 1310, 1312 (Fla.1991); Logan v. State, 666 So.2d 260, 261 (Fla. 4th DCA 1996). Construing sections 796.03 and 796.07 together, we conclude that the trial court should have granted the motion for judgment of acquittal. Section 796.03 addresses only procurement for prostitution, not solicitation. Section 796.07(2)(f) makes it unlawful "[t]o solicit ... or procure another to commit prostitution...." Although neither statute defines either "solicit" or "procure," the context in which the two terms are used in section 796.07 indicates a legislative intent to distinguish between the two acts. Section 796.03 applies only to acts of procurement for prostitution of persons under the age of 18, whereas subsection 796.07(2)(f) outlaws soliciting or procuring "another" (without express regard to the age of the victim) for prostitution....

...Determining the scope of the two statutes is of material importance to the appellant, who was convicted of a second-degree felony and was sentenced to 150 months in prison. In contrast, a first offense of unlawfully soliciting or procuring another person pursuant to section 796.07(2)(f) is only a second-degree misdemeanor, for which a defendant can be incarcerated "not exceeding 60 days." §§ 775.082(4)(b), 796.07(4)(a), Fla....

...he financial benefit of the procurer pimp. Given the absence of a third party in the present case, we need not decide whether successfully inducing a person under age 18 to have sexual activity with the offeror himself falls within section 796.03 or 796.07. Procuring for prostitution anyone 18 years of age or older is a misdemeanor under section 796.07. Soliciting anyone (irrespective of age) for prostitution likewise is a misdemeanor under section 796.07....

...Gen., Tallahassee, and Melvina Racey Flaherty, Asst. Atty. Gen., West Palm Beach, for appellant. Alexander M. Siegel, Fort Lauderdale, for appellee. PER CURIAM. The state appeals a final order of the county court dismissing an information charging appellee with violating section 796.07(3), Florida Statutes (1991), having found this section is unconstitutional. The county court also entered an amended final order wherein it certified the following four questions to this court: WHETHER F.S. 796.07(3)(a) IS UNCONSTITUTIONAL IN THAT IT REPRESENTS AN ABUSE OF POLICE POWER OF THE STATE OF FLORIDA DUE TO THE FACT THAT THERE IS NO LEGITIMATE, CLEAR, SUBSTANTIAL AND COMPELLING INTERESTS OF THE STATE OF FLORIDA IN REGARDS TO ACTS BETWEEN CONSENTING ADULTS IN PRIVATE; WHETHER F.S. 796.07(3) IS UNCONSTITUTIONAL IN THAT IT IS VAGUE, OVERBROAD AND AMBIGUOUS; WHETHER F.S. 796.07(3)(a) IS UNCONSTITUTIONAL AS IT IS SEXUALLY DISCRIMINATING; WHETHER F.S. 796.07(3)(a) IS UNCONSTITUTIONAL AS IT VIOLATES THE SINGLE SUBJECT REQUIREMENTS OF ARTICLE III SECTION 6 OF THE FLORIDA CONSTITUTION. Based upon our review of the applicable case law, we answer the certified questions in the negative and reverse and remand for further proceedings. Appellee was charged with engaging in a lewd act in violation of section 796.07(3)....

...[1] No one else was present in the room except for the detective and appellee. The building housing the business was constructed in a manner wherein members of the public could not see into the premises. We address the specific points on appeal as presented in the briefs. With respect to the first allegation that section 796.07(3) is unconstitutional because it is vague, overbroad *624 and ambiguous in its use of the term "lewdness," the Supreme Court of Florida held in Warren v. State, 572 So.2d 1376 (Fla. 1991), the word "lewdness" as used in section 796.07 was not unconstitutionally vague....

...We are constrained to follow the decisions of the supreme court on this issue, particularly where the matter has been addressed as recently as in the past two years. See Hoffman v. Jones, 280 So.2d 431 (Fla. 1973). With regard to the contention that section 796.07(3) violates the single subject rule relating to the enactment of statutes as provided in Article III, Section 6 of the Florida Constitution, our examination of the legislative act giving rise to section 796.07(3) reflects that its title is sufficiently broad to connect it with the general subject matter of the enactment and that it does not violate the single subject rule simply because it embraces prostitution, lewdness and assignation....

...1987); Smith v. Department of Ins., 507 So.2d 1080 (Fla. 1987); and State v. McDonald, 357 So.2d 405 (Fla. 1978). See also Loxahatchee River Envtl. Control Dist. v. School Bd. of Palm Beach County, 515 So.2d 217 (Fla. 1987). With respect to the claim that section 796.07(3) is unconstitutional because it is sexually discriminatory, our review of this section reflects it is gender neutral on its face and applies to both males and females and, therefore, is not sexually discriminatory. See State v. Lick, 390 So.2d 52 (Fla. 1980). [2] Finally, the claimed unconstitutionality of section 796.07(3) as violating the right of privacy is at odds with the state's compelling interest in outlawing prostitution, assignation and lewd behavior, particularly where such conduct involves the sale of services in a commercial enterprise....

...NOTES [1] The amended information charged appellee with unlawfully engaging in a lewd act as follows: "... dancing topless in close proximity to Richard Love, encouraging him to masturbate and placing his hand on her inner thigh, in violation of F.S. 796.07(3) ..." [2] We are unable to discern from the record below the existence of any evidence reflecting selective enforcement of section 796.07(3)....

...This is an interlocutory appeal from an order of the Circuit Court of Orange County denying appellants' motion to dismiss. The State of Florida filed an action to abate or enjoin a public nuisance alleging that the trial court had jurisdiction pursuant to Sections 823.05, 60.05, 60.06 and 796.07, Florida Statutes (1975)....

..."Keeping house of ill fame. — Whoever keeps a house of ill fame, resorted to for the purpose of prostitution or lewdness, shall be guilty of a misdemeanor of the first degree, punishable as provided in § 775.082 or § 775.083." (emphasis supplied) Section 796.07(2)(a), Florida Statutes (1975), also provides: "(2) After May 1, 1943, it shall be unlawful in the state: (a) To keep, set up, maintain, or operate any place, structure, building, or conveyance for the purpose of lewdness, assignation, or prostitution." (emphasis supplied) Section 796.07(1)(b), Florida Statutes (1975), provides: "The term `lewdness' shall be construed to include any indecent or obscene act." We agree with the trial court's conclusion that masturbation for hire by a female of a male customer under the c...

...declared a nuisance under Section 823.05. The trial court held that the complaint stated a cause of action. Were it not for the State's neutralization of its own complaint, we would affirm. The Supreme Court has previously rejected the argument that Section 796.07 is unconstitutional because the term lewdness is vague, holding that the statute is sufficiently definite to withstand attacks of vagueness and overbreadth and to convey a sufficiently definite warning of proscribed conduct when measured by common understanding and practice....

...We reverse the conviction and sentence for keeping a house of ill fame and direct the trial court to dismiss that charge. We determine, however, that the evidence does establish that Wolfe is guilty of the offense of keeping a house of prostitution under section 796.07(2)(a), Florida Statutes (1987), [1] which we conclude is a necessarily lesser included offense of maintaining a house of ill fame....

...that the plea was not knowingly and voluntarily entered. Appellant, Sergio Luis Quintana, was charged with possession of a firearm by a violent career criminal pursuant to § 790.235, Fla. Stat. (2004), procuring another to commit prostitution under § 796.07(2)(f), Fla....

...sion. Though Golden's conviction and sentence for keeping a house of ill fame must be reversed, we find the evidence adduced at trial was sufficient to establish Golden's guilt for the lesser included offense of keeping a house of prostitution under section 796.07(2)(a), Florida Statutes (1987)....

...Rehearing or Certification and Rehearing En Banc Denied November 24, 1993. *252 PER CURIAM. The trial court's order being appealed dismissed Counts I and II of the information against appellees, and rejected appellant's contention that lewdness and assignation under section 796.07, Florida Statutes (1989), were predicates to support a RICO prosecution pursuant to chapter 895, Florida Statutes....

...This designation is consistent with the intent to proscribe the commercial exploitation of children induced to engage in sexual activity with others for the financial benefit of the procurer pimp. ...Procuring for prostitution anyone 18 years of age or older is a misdemeanor under section 796.07. Soliciting anyone (irrespective of age) for prostitution likewise is a misdemeanor under section 796.07....

...ons, it shall be construed most favorably to the accused.' In my view, section 796.03 is directed at those who procure juvenile prostitutes for others. In the argot of prostitution law, the defendant's conduct amounted to `solicitation,' contrary to section 796.07(2)(f), Florida Statutes (1993)....

...r: To the extent that penal statutory language is indefinite or `is susceptible of differing constructions,' due process requires a strict construction of the language in the defendant's favor under the rule of lenity. Construing sections 796.03 and 796.07 together, we conclude that the trial court should have granted the motion for judgment of acquittal. Section 796.03 addresses only procurement for prostitution, not solicitation. Section 796.07(2)(f) makes it unlawful `[t]o solicit ... or procure another to commit prostitution ...' Although neither statute defines either `solicit' or `procure' the context in which the two terms are used in section 796.07 indicates a legislative intent to distinguish between the two acts....

...Id. at 1292. ON MOTION FOR REHEARING OR CLARIFICATION EN BANC PER CURIAM. We hereby grant appellant's motion for clarification. On remand Count 2, attempted procurement of a minor, shall be reduced to solicitation, a second degree misdemeanor, under section 796.07, Florida Statutes....

...As a result of the 1981 amendment, the essential element of "ill fame" is now the dividing line between a misdemeanor and a felony. In 1981, the supreme court considered a case in which the defendant had been convicted of racketeering based upon his operation of a house of prostitution in violation of section 796.07(2)(a), Florida Statutes (1977)....

...618, 83 L.Ed. 888 (1939). We do not believe that the undefined words, "prostitution" and "lewdness," in this statute render it unconstitutionally vague. Prostitution is defined as "the giving or receiving of the body for sexual activity for hire." § 796.07(1)(a), Fla. Stat. (1987). That same statute defines lewdness as "any indecent or obscene act." § 796.07(1)(b), Fla....

...The Florida Supreme Court approved both of these definitions in Bell v. State, 289 So.2d 388 (Fla. 1973). Significantly, this approval occurred two years after the court had disapproved *58 the sodomy statute in Franklin. Although the definitions in section 796.07 do not expressly apply to section 796.01, a person of ordinary intelligence would reasonably conclude that the two statutes intend the same definitions for these words. This is particularly true since section 796.07 is a lesser included offense of section 796.01....

imposed for solicitation of prostitution under section 796.07(6), Florida Statutes (2014), to be unconstitutionally

the division may enter its decision thereon.” F.S. 796.07, entitled “Prohibiting prostitution, etc.; evidence;

...In the end we hold the ordinance in question invalid. First we set the factual stage. The City of Hollywood (City) has adopted a vehicle "impoundment" ordinance. It purports to authorize the City to seize motor vehicles of those accused of violations of section 796.07, Florida Statutes—that is, offenses involving prostitution....

...$500, plus towing and storage costs." § 101.46(E)(2)(b). The vehicle remains seized until and unless the penalty assessed by the official is paid. § 101.46(E)(2)(b). Mulligan (owner) was arrested for offering to commit prostitution in violation of section 796.07....

civil penalty, mandated by the express terms of section 796.07(6), Florida Statutes (2014), upon a determination

relating to prostitution, being those set out in Section 796.07(2) (a) and (3) (c). For each of those offenses

...Officers posing as patrons entered the establishment and observed individuals engaging in sexual activity. Patrons seen engaging in sexual activity, including the Plaintiffs, were issued notices to appear in court to answer charges of lewdness in violation of Fla. Stat. § 796.07....

...the Fourth and Fourteenth Amendments. Defendants move to dismiss Plaintiffs' complaint, arguing that there was no arrest, [1] and raising the defenses of probable cause and qualified immunity. Plaintiffs oppose the Motion, arguing, inter alia, that § 796.07 contains a well-settled "offensiveness to others" element barring Defendants from prevailing on a probable cause or qualified immunity defense....

...and not whether the arrestees' actions actually constituted a crime". Id. at 1303 n. 8. Plaintiffs contend that Defendants lacked arguable probable cause because no reasonable officer would have believed that Plaintiffs' conduct violated Fla. Stat. § 796.07. Section 796.07 prohibits prostitution, *1332 lewdness, or assignation. [2] Under section 796.07(1)(b), "lewdness" is "any indecent or obscene act." Additionally, Plaintiffs argue, to be lewd under § 796.07, conduct must offend someone other than a law enforcement officer....

...Plaintiffs' argument hinges on whether an "offensiveness to others" element was "clearly established" at the time of the arrests. The statute on its face does not contain an express "offensiveness to others" element. Nor have Plaintiffs cited any case decided before the arrests construing § 796.07 to include an "offensiveness to others" element....

...In that context, the Court discussed the meaning of "lewdness." "It has been held sufficient if it is an intentional act of lewdness, offensive to one or more persons present." Id. at 678. Subsequently, in Bell, the Court cited Chesebrough in upholding the constitutionality of three statutes including § 796.07. Bell, 289 So.2d at 390. Given the language in Chesebrough, Plaintiffs' argue, Bell should be read to establish an "offensiveness to others" element within § 796.07....

...or public indecency, when such act causes offense to one or more persons viewing it or otherwise intrudes upon the rights of others.... Acts are neither "lewd" nor "lascivious" unless they substantially intrude upon the rights of others. Id. at 410. Section 796.07 is distinguishable from those statutes, however, because it provides a statutory definition of lewdness. The Court finds that none of the cases cited by Plaintiffs establish an "offensiveness to others" element within § 796.07 so as to constitute the type of notice contemplated by 42 U.S.C. § 1983. Moreover, at the time of the arrests, there was no authoritative judicial interpretation of "lewdness" under Fla. Stat. § 796.07....

...The only decision directly on point at the time of the arrests casts doubt upon the existence of an "offensiveness to others" element. State v. Willets, 4 Fla. L. Weekly Supp. 586a (Fla. 15th Jud. Cir.App.Div.1997) *1333 ("The issue before us is whether section 796.07, Florida Statutes (1993) requires that someone other than law enforcement be offended by Defendant's behavior. We find it does not ..."). [3] Because no "offensiveness to others" element was clearly established under Fla. Stat. § 796.07 at the time of the arrests, Defendants are entitled to qualified immunity....

...(g) To reside in, enter, or remain in any place, structure, or building, or to enter or remain in any conveyance for the purpose of prostitution, lewdness, or assignation. (h) To aid, abet, or participate in any of the acts or things enumerated in this subsection. Fla. Stat. § 796.07 (West 2004)....

State appeals a county court order finding section 796.07(6),, Florida Statutes (2013), unconstitutional

...Community Campaign Against Human Trafficking – West Florida, Inc., and International Association of Human Trafficking Investigators, in support of appellant. LEVINE, J. The state appeals a county court order finding the mandatory $5,000 civil penalty imposed under section 796.07(6) to be unconstitutionally excessive and certifying a question of great public importance. This court has jurisdiction. See Fla. R. App. P. 9.030(b)(1)(A). See also Fla. R. App. P. 9.030(b)(4)(A), 9.160. Appellee was charged with solicitation of prostitution in violation of section 796.07(2)(f), Florida Statutes (2013). Appellee allegedly offered to pay an undercover officer $40 in exchange for sex. Appellee pled no contest to the charge. The trial court imposed a $5,000 civil penalty pursuant to section 796.07(6), Florida Statutes (2013)....

...Subsequently, appellee filed a motion to vacate the plea and sentence, arguing that the civil penalty violated the United States Constitution and the Florida Constitution. The county court denied the motion to vacate the plea and sentence but held a hearing on the constitutionality of section 796.07(6). The trial court found the statute unconstitutional, determining that the $5,000 civil penalty was “excessive, unduly oppressive, and unreasonably harsh, such that it shocks the conscience of reasonable persons.” The county court struck the civil penalty from the final judgment and certified the following question, on which basis the state appeals: IS THE $5,000 FINE MANDATED BY FLA. STAT. § 796.07(6) (2013) FOR A FIRST VIOLATION OF FLA. STAT. § 796.07 (2013), A SECOND-DEGREE MISDEMEANOR UNDER FLORIDA LAW, UNCONSTITUTIONALLY EXCESSIVE, IN LIGHT OF THE NATURE AND GRAVITY OF THE CRIMINAL OFFENSE BEING PUNISHED? We review whether a fine is unconstitutionally disproportionate to the gravity of an offense de novo....

person(s) for prostitution or otherwise violated2 section 796.07, Florida Statutes (2006). See State v. Law

PLACE OF PROSTITUTION, LEWDNESS, OR ASSIGNATION § 796.07(2)(a), Fla. Stat. To prove the crime of Maintaining

1 provides for reclassification pursuant to section 796.07(7), Florida Statutes, which increases the degree

inter alia the constitutionality vel non of Section 796.07(2)(a), Florida Statutes (1975). Jurisdiction

mouth, anus, or vagina of the other. § 796.07(1)(a), Fla. Stat. "Prostitution"

conduct amounted to “solicitation,” contrary to section 796.07(2)(f), Florida Statutes (1993). The case might

prostitution in violation of § 796.07, Fla.Stat., particularly § 796.07(3) (a), (b), (c), Fla.Stat. No

with solicitation of prostitution pursuant to section 796.07(2)(f), and with exposure of sexual organs pursuant

the purposes of prostitution, in violation of section 796.07(2)(d), Florida Statutes (2009). Of the several

the right to appeal the constitutionality of Section 796.07, Florida Statutes (1975). The defendants originally

imposed for solicitation of-prostitution under section 796.07(6), Florida Statutes (2014), to be unconstitutionally

imposed for solicitation of prostitution under section 796.07(6), Florida Statutes (2014), to be unconstitutionally

imposed for solicitation of prostitution under section 796,07(6), Florida Statutes (2014), to be unconstitutionally

excludes sexual activity between spouses.” Fla.Stat. § 796.07(1)(a). “Sexual activity” is defined as “oral,

trial court’s order holding unconstitutional section 796.07(6), Florida Statutes (2013), which imposes

do not go to the constitutional validity of Section 796.07, Florida Statutes, are without merit. OVERTON

Plaintiffs argued that because the club is private section 796.07 is unconstitutional as applied to it. They

imposed for solicitation of prostitution under section 796.07(6), Florida Statutes (2014), to be unconstitutionally

earnings of a person engaged in prostitution. See § 796.07(4), Fla. Stat. (1999). As to each information

...PER CURIAM. We grant the motion for rehearing, withdraw our prior order, and substitute this opinion in its place. We reverse the county court’s order finding the mandatory $5,000 civil penalty imposed for solicitation of prostitution under Section 796.07(6), Florida Statutes (2014), to be unconstitutionally excessive....

...14-17516MM10A. Pamela Jo Bondi, Attorney General, Tallahassee, and Richard Valuntas, Assistant Attorney General, West Palm Beach, for appellant. No appearance for appellee. PER CURIAM. We reverse the county court’s order finding the mandatory $5,000 civil penalty imposed for solicitation of prostitution under section 796.07(6), Florida Statutes (2014), to be unconstitutionally excessive. See State v....

...Valuntas, Assistant Attorney General, West Palm Beach, for appellant. No brief filed for appellee. PER CURIAM. We reverse the county court’s order finding the mandatory $5,000 civil penalty imposed for solicitation of prostitution under section 796.07(6), Florida Statutes (2014), to be unconstitutionally excessive....

committed the crime of prostitution pursuant to section 796.07(2)(e) and (4)(c), Florida Statutes (2003).

imposed for solicitation of prostitution under section 796.07(6), Florida Statutes (2014), to be unconstitutionally

that she engaged in prostitution in violation of § 796.07(3) (a), Florida Statutes. The trial judge found

...As for Plaintiff V, there is no real dispute that her conduct was not “casual and voluntary.” Francis was convicted under a Plea Agreement of one count of child abuse under Florida Statutes § 827.03(1)(c) and two counts of prostitution under Florida Statutes § 796.07(2)(f) for his actions with Plaintiff V....

purpose of prostitution, lewdness, or assignation.” § 796.07(3)(c), Fla.Stat. (1981). This admitted, complete

operating a building for lewdness in violation of Section 796.07(2) (a) of the Florida Statutes. On December

...s into women's exposed vaginas, and a man lifting the skirt of a woman and performing cunnilingus on her. Respondents were arrested and charged with committing lewd and lascivious acts as well as exposing their sexual organs in violation of sections 796.07 and 800.03 of the Florida Statutes (2004)....

...We conclude that an analysis of the applicable statutes and case law supports the State's position. [1] We begin by recognizing that the specific statutes involved in this prosecution do not, on their face, require the State to submit proof that anyone was offended by the prohibited conduct. In that regard, section 796.07 of the Florida Statutes defines lewdness as any indecent or obscene act and makes it unlawful to commit or engage in lewdness....

...ces. For example, in Hoskins v. Department of Business Regulation, Division of Alcoholic Beverages and Tobacco, 592 So.2d 1145 (Fla. 2d DCA 1992), the second district held that a lap dance performed in public constituted lewd conduct in violation of section 796.07 of the Florida Statutes, with no indication that proof was required that someone was offended by the defendant's conduct. In State v. Davis, 623 So.2d 622 (Fla. 4th DCA 1993), the fourth district reversed the county court's dismissal of an information charging a violation of section 796.07 of the Florida Statutes even though no one was present at the time of the alleged act other than the defendant and the undercover detective. In State v. Bales, 343 So.2d 9 (Fla.1977), our supreme court held that the denial of a motion to dismiss a lewdness count entered under section 796.07 of the Florida Statutes was not erroneous, even though the only persons present at the time of the alleged act were the defendant and the undercover police officer....

of lewdness, assignation, or prostitution.” Section 796.07 makes certain specified conduct, which it defines

activity alleged was several violations of section 796.07, the prostitution statute, and section 847

imposed for solicitation of prostitution under section 796.07(6), Florida Statutes (2014), to be unconstitutionally

Statutes (1991) (RICO), a first degree felony, and section 796.07(3)(a), Florida Statutes (1991) (prostitution)

imposed for solicitation of prostitution under section 796.07(6), Florida Statutes (2014), to be unconstitutionally

appellants to dismiss charges alleging violations of Section 796.07, Florida Statutes (1975), and upholding the

Section 796.03 is a second degree felony. Section 796.07(2)(d) is also a second degree felony and prohibits

offense of keeping a house of prostitution under section 796.07(2)(a), Florida Statutes (1987). See Wolfe v

the statute she was charged with violating. Section 796.07(1) (a), Fla.Stat., F.S.A., describes prostitution

3 Chapter 796 includes section 796.07, Florida Statutes (2018), which prohibits prostitution