§ 14-3. Loitering to engage in prostitution.

(a)

Definitions. For the purpose of this section the following words shall have the meanings respectively ascribed to them:

Commit prostitution means to engage in sexual activity for hire, including homosexual or other deviate sexual relations, and shall also include licentious sexual intercourse with or without hire.

Known prostitute or panderer means a person who, within one (1) year previous to the date of arrest for violation of this section has, within the knowledge or reasonable belief of the arresting officer, been convicted in any court of the state of any offense relating to or involving prostitution as defined in the statutes of the state or this Code.

Prostitution means the giving or receiving of the body for sexual intercourse for hire, and shall also be construed to include the giving or receiving of the body for licentious sexual intercourse without hire. The term "prostitution" does not include sex acts between a husband and his wife.

Public place means an area generally visible to public view and includes streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, automobiles (whether moving or not), and buildings open to the general public, including those which serve food or drink, or provide entertainment, and the doorways and entrances to buildings or dwellings and the grounds enclosing them.

(b)

Prohibition. It is unlawful for any person to loiter in or near any public place with intent to commit prostitution or to induce, entice, solicit or procure another to commit prostitution.

(1)

No arrest shall be made for a violation of this subsection unless the arresting officer first affords such person an opportunity to explain such conduct, and no one shall be convicted of violating this subsection if it appears at trial that the explanation given was true and disclosed a lawful purpose.

(2)

Among the circumstances which may be considered in determining whether the person intends such prohibited conduct are that such person:

a.

Repeatedly beckons to, stops or attempts to stop or engage passersby in conversation;

b.

Repeatedly stops or attempts to stop motor vehicles by hailing, waving of arms, or any other bodily gesture;

c.

Is a known prostitute or panderer; or

d.

Previously has been convicted of violating this section.

(Ord. No. 79-1, §§ 1, 2)

State law reference

Prostitution, F.S. ch. 796.