Tampa radio personality arrested for solicitation for prostitution which carries mandatory $5,000.00 civil fine unless criminal charge is dismissed

This time it was the Tampa Police Department running a prostitution sting in response to neighborhood complaints about prostitution in the area.  A local radio personality was arrested in the sting Tuesday night on a charge of unlawful acts as a precursor to prostitution. “Galvin” one of the stars of the Mike Calta Show on 102.5 The Bone was arrested in the sting operation.

TPD officers alleged that “Galvin” circled the block at least two times and then attempted to negotiate a prostitution deal with what turned out to be an undercover police officer.  During this conversation, “Galvin” allegedly asked the undercover officer to show her breasts to prove she was not a police officer.  When she refused, he allegedly tried to flee, but officers boxed him in and arrested Galvin for a precursor acts for prostitution.  Asking the undercover officer to prove she is not a cop was criminalized as a “precursor” act or act “prior to” prostitution in an attempt by legislatures to be able to arrest more people and prevent suspects from not requesting an act of prostitution.

He can potentially be charged under Florida’s Prostitution Statute 796.07(f). I have blogged about this statute before, been featured in Newsweek’s “Daily Beast “, and litigated extensively in court the $5,000.00 “civil penalty” it carries.  Under that statute “Assignation” is defined as the making of any appointment or engagement for prostitution or lewdness, or any act in furtherance of such appointment or engagement.

796.07(6) states “A person who violates paragraph (2)(f) shall be assessed a civil penalty of $5,000 if the violation results in any judicial disposition other than acquittal or dismissal.”

If the charge is dismissed, amended to a different statute, or he is allowed into a diversion program, the fine would not be applied.  The issue of the constitutionality of the fine is currently pending in the Polk County appellate court.

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