The “$5,000 Hooker Tax”: Why Asking for Sex Costs More Than Beating Your Wife

By: John Guidry

It’s time, again, to compare Florida’s laws to the rest of the world. Here in Florida, beating your wife—in front of your young kids yelling “stop hurting mommy”—carries a maximum fine of $1,000 (Domestic Battery). But, asking an undercover cop for $40 worth of sex will get you a $500 fine plus a mandatory $5,000 civil fine.

The Math:

• Kid’s yelling “stop hurting mommy” = $1,000 fine.
• Consenting adults = $5,500 fine.

Technically, there isn’t a misdemeanor in Florida that carries a greater financial penalty than soliciting sex. Even in Russia, prostitution is like a speeding ticket ($65). But in the “Free State of Florida,” we have decided to tax vices at a premium.

Are you facing a $5,000 fine for a misdemeanor?

The punishment doesn’t fit the crime. Call John today at (407) 423-1117.

The Case: State v. Javares Jones (A Rare Dose of Common Sense)

Recently, a rare dose of common sense sprung up out of Broward County. In State v. Javares Jones, Judge Kenneth Gottlieb found that the mandatory $5,000 civil fine was unconstitutional.

• The Facts: Jones pled to Solicitation (a 2nd Degree Misdemeanor).
• The Sentence: He faced 60 days in jail and a $500 criminal fine.
• The Kicker: The Judge was forced to impose the additional $5,000 Civil Penalty under Florida Statute 796.07(6).

The Constitutional Problem: Both the US and Florida Constitutions prohibit “Excessive Fines.”

• The Legislator’s Trick: They labeled it a “Civil Penalty” instead of a “Criminal Fine” to bypass the Constitution. (As Bill Clinton famously reasoned, it depends on what the definition of “is” is).
• The Disproportionality: The fine ($5,000) is 100 times higher than the cost of the transaction ($40).
• The Ruling: Judge Gottlieb ruled the fine was “unreasonable and excessive” and struck it down.

The Appeal: The Empire Strikes Back

Of course, the State appealed. They argued that because the money goes to “Drug Courts” and “Safe Houses,” it is “remedial,” not “punitive.”

• The Sad Reality: The Appellate Courts agreed with the State. They overturned Judge Gottlieb’s brave ruling.
• The Result: The $5,000 fine is back. The courts essentially said, “It shocks the conscience, but the Legislature is allowed to be shocking.”

John’s 2026 Update: The “John” Crackdown & Venmo Trails

Note: In 2014, we hoped the courts would kill the fine. In 2026, the fine is the least of your worries.

1. The Fine is Here to Stay (And Inflation Proof) The $5,000 penalty has survived every constitutional challenge.

• The 2026 Reality: If you plead No Contest to Solicitation, you will pay this fine. There is no waiver. Judges have no “Unbridled Discretion” here. It is mandatory.

2. The “Human Trafficking” Upcharge In 2026, police don’t just charge you with “Solicitation” (a misdemeanor).

• The New Danger: If the person you solicited was being trafficked (even if you didn’t know), prosecutors try to charge you with Solicitation of Human Trafficking, a 2nd Degree Felony punishable by 15 Years in Prison.
• The Tactic: They use this to force you to plead to the misdemeanor (and pay the $5,000) just to avoid the felony risk.

3. The Venmo/CashApp “Confession” In Jones, the deal was for $40 cash.

• The Digital Trap: Today, most transactions are digital.
• The Evidence: Police don’t need to catch you in the act. They just subpoena your CashApp history. If they see a payment to a known sex worker, that digital trail is sufficient for a conviction—and the $5,000 fine—even if you never met up.

Don’t Pay the “Hooker Tax” Without a Fight

The fine is excessive, but the conviction is worse. A sex crime on your record (even a misdemeanor) is a career killer. We fight to get the charge dismissed or diverted so you keep your $5,000 and your reputation.

Call me at (407) 423-1117. Let’s keep your record clean.

About John Guidry II

John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.

Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.

Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.

When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.