Attorneys for state Rep. Bob Allen are trying to get statements he made to police thrown out and the prostitution charges against him dismissed.
Allen was arrested at a park in Titusville last month, accused of offering an undercover officer $20 for a sex act in the restroom.
Allen denies any wrongdoing.
His attorney said Allen was never informed of his Miranda rights to remain silent until he was booked into the jail. He also said his client asked several times to speak to a lawyer, but officers continued to question him.
A hearing is set for Friday to decide whether the statements and charges will stand.
Meanwhile, the Florida Civil Rights Association is calling on House Speaker Marco Rubio and Republican Party Chairman Jim Greer to demand Allen resign from the Florida Legislature immediately.
He said he was afraid he was going to be robbed by several African-Americans at the park, who turned out to be undercover police officers.
Earlier this week, Allen was stripped of his committee assignments by House Speaker Marco Rubio. Allen said he felt he was being considered guilty, as would happen in Cuba. Rubio is a Cuban-American.