CopyPublished | Florida 5th District Court of Appeal | 1997 WL 629142
...ese searches and that they might be arrested on felony charges if they refused to submit to the searches. Balas and Shumate's second amended complaint against Ruzzo contains seven counts. Count I is an action for coercion of prostitution pursuant to section 796.09, Florida Statutes....
...Here the petitioners argue that the information sought to be discovered regarding prostitution and their sexual activities was propounded solely to embarrass them and to invade their right to privacy. The petitioners also claim that this information is privileged under section 796.09 and is not calculated to lead to evidence which would be admissible at trial. Section 796.09 provides a person with a civil cause of action for compensatory and punitive damages against anyone who coerces that person into prostitution, who coerces that person to remain in prostitution, or who uses coercion to collect or receive any part of that person's earnings derived from prostitution....
...nalty or forfeiture. In addition, any testimony or evidence or any information produced by the plaintiff or witness for the plaintiffs cannot be used against the plaintiffs or witness in any other investigation or proceeding, except one for perjury. Section 796.09(5) specifically provides that it is not a defense that the plaintiff was paid or otherwise compensated for prostitution, that the plaintiff had engaged in prostitution prior to any involvement with the defendant or that the plaintiff made no attempt to escape from the defendant. Section 796.09(6) provides that convictions for prostitution or prostitution-related offenses are inadmissible for the purpose of attacking the plaintiffs' credibility....
...quire more equal treatment by the courts of the prostitute in relation to the client and the pimp and to lessen the incentive to traffic in human flesh by giving the prostitute access to the judicial system without first having to be arrested. Under section 796.09, the petitioners' prior involvement in prostitution and their earnings from prostitution would be irrelevant....
...Hence discovery should not be permitted because such information would not be admissible at trial nor would it be reasonably calculated to lead to evidence ultimately admissible at trial. Even though the scope of discovery is generally quite broad, section 796.09 is designed to encourage prostitutes to sue their pimps. Thus the usually broad scope of discovery may be constricted so that prostitutes will not be embarrassed, harassed or hindered in their actions. Had the petitioners brought their lawsuit against Ruzzo and The Boardroom only under section 796.09, evidence of petitioners' past prostitution, including with the Boardroom, and their earnings relating to such activities, may not have been discoverable....
...es of previous employers and previous rates of pay; and a statement of income received from defendants. These interrogatories survived the employees' objections. I agree certiorari should be denied. The employees' primary cause of action is based on section 796.09(1), Florida Statutes, which provides: (1) A person has a cause of action for compensatory and punitive damages against: (a) A person who coerces that person into prostitution; (b) A person who coerces that person to remain in prostitut...
...c) A person who uses coercion to collect or receive any part of that person's earnings derived from prostitution. The employees resist discovery of their past prostitution or their past or present earning experience on the basis of subparagraph 5 of section 796.09: (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 ......
...[3] Therefore, even in sexual battery cases, before coercion or exploitation will vitiate consent, the free will of the victim must be overcome by force or threat or some unfortunate circumstance suffered by the victim. But then we get to the definition of "coercion" contained in section 796.09(3): (3) As used in this section, the term "coercion" means any practice of dominion, restraint, or inducement for the purpose of or with the reasonably foreseeable effect of causing another person to engage in or remain in prostitution...
...to selling one's body for money. If there is no such revulsion, there can be no coercion. Becoming a prostitute only because one likes the hours and wages or "because it beats the heck out of working for a living" simply should not meet the test of section 796.09(1). At oral argument herein, it was suggested without contradiction, that at least one of the employees has a college degree and gave up a well-paying, legitimate job in order to engage in this profession for the greater reward. Section 796.09 does not appear to be a general prostitute's relief act....
...DOES ONE, FREE FROM FORCE, INTIMIDATION, OR DISADVANTAGEOUS CIRCUMSTANCE, WHO MAKES A REASONED DECISION TO BECOME OR REMAIN A PROSTITUTE OR TO SHARE THE PROCEEDS THEREOF BECAUSE OF A PROMISE OF A GREATER FINANCIAL REWARD HAVE A CAUSE OF ACTION UNDER SECTION 796.09(1), FLORIDA STATUTES? ON MOTIONS FOR REHEARING, FOR CLARIFICATION, FOR CERTIFICATION, AND FOR REHEARING EN BANC W....
