This topic has come up and here is some insight that should help clarify this:
Hillsborough County Ordinance:
These so-called "precursor acts" occur when a prostitute or a customer seeking sex asks the other party to expose his or her genitalia or breasts. The tactic is a common way for prostitutes or customers looking for sex to find out if they are dealing with an undercover officer.
The ordinance, passed in October 2011, can only be used in public settings, such as a conversation on the side of a road.
Tampa has its own prostitution precursor ordinance. It also applies only to public settings.
Chapter 14 Division 4 of the Tamp Code:
Prostitution.
Sec. 14-77. Violation attempt.
Sec. 14-78. Giving information concerning prohibited acts, etc.
Sec. 14-79. Immoral services.
Sec. 14-80. Precursor acts facilitating prostitution unlawful.
Sec. 14-80. Precursor acts facilitating prostitution unlawful.
(a) Definitions:
(1) Public encounter means contact between two (2) or more persons which originates in the City of Tampa where at least one (1) of the parties thereto is on a public street, on a public sidewalk, on the public right-of-way or is visible from any of the foregoing, regardless of whether any party is in a motor vehicle.
(2) Contact means sufficiently close proximity between two (2) or more persons as to permit verbal communication between them.
(3) Right-of-way shall be defined as provided in Tampa Code section 23-4.
(b) It shall be unlawful for any person participating in a public encounter to:
(1) Demand or request any other encounter participant to expose his or her sexual organ.
(2) Demand or request any female encounter participant to expose her breast;.
(3) Expose his or her sexual organ;.
(4) Expose her breast if female;.
(5) Fondle or touch the sexual organ of any other encounter participant, whether or not the sexual organ is covered by clothing or any other material;.
(6) Fondle or touch the breast of any female encounter participant, whether or not the breast is covered by clothing or any other material;.
(7) Demand or request any encounter participant to fondle or touch the sexual organ of any other encounter participant, whether or not the sexual organ is covered by clothing or other material;.
(8) Demand or request any encounter participant to fondle or touch the breast of any female encounter participant, whether or not the breast is covered by clothing or other material.
(c) Violation of this section is not contingent upon the participants expressly mentioning money, prostitution, sexual acts or any euphemism for any of those terms.
(e) Enforcement: In order to limit application of this ordinance to prostitution related activities and not prohibit otherwise lawful behavior between persons not involved in prostitution related activities, this section shall be enforced only when a law enforcement officer is one of the participants in the public encounter. This fact need not be known to the other participant (s).
Florida Statues are:
796.04: Forcing, compelling, or coercing another to become a prostitute.
796.045: Sex trafficking; penalties.
796.05: Deriving support from the proceeds of prostitution.
796.06: Renting space to be used for lewdness, assignation, or prostitution.
796.07: Prohibiting prostitution, etc. ; evidence; penalties; definitions.
796.08: Screening for HIV and sexually transmissible diseases; providing penalties.
796.09: Coercion; civil cause of action; evidence; defenses; attorney's fees.
Ultimately you are violating ordinances and not State law. Punishment may be equal to a class B misdemeanor but it is not a misdemeanor.
Hopefully my 100th post helps you out.
