This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1131a.CRJ
DATE: 1/19/2024
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 1131 Online Sting Operations Grant Program
SPONSOR(S): Temple
TIED BILLS: IDEN./SIM. BILLS: SB 1190
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Criminal Justice Subcommittee 15 Y, 0 N Butcher Hall
2) Justice Appropriations Subcommittee
3) Judiciary Committee
SUMMARY ANALYSIS
Section 943.041, F.S., creates the Crimes Against Children Criminal Profiling Program (CACP) within the
Florida Department of Law Enforcement (FDLE). CACP provides investigative, training, and intelligence
assistance to local law enforcement agencies while taking a proactive approach to investigating and preventing
child sexual exploitation. Special Agents are qualified to investigate multi-jurisdictional operations and
organized crimes against children in conjunction with local law enforcement agencies.
Local law enforcement agencies in Florida routinely conduct sting operations targeting online predators who
may intend to commit crimes against children. A “sting operation” generally consists of an opportunity to
commit a crime, a likely offender or group of offenders targeted by law enforcement, an undercover or hidden
law enforcement officer or surrogate, and the eventual arrest of the likely offender or group of offenders.
Sting operations relating to online child sexual exploitation frequently involve an undercover law enforcement
officer who poses as a child online for the purpose of identifying suspects who are communicating with or
attempting to communicate with a child for the purpose of soliciting unlawful sexual activity. Such sting
operations are generally localized efforts, and their utilization and effectiveness depend on how local officials
allocate resources and personnel.
HB 1131 creates s. 943.0411, F.S., establishing the Online Sting Operations Grant Program within FDLE to
award grants to local law enforcement agencies to support the creation of sting operations to target individuals
online preying upon children or attempting to prey upon children.
The bill requires FDLE to annually award any funds specifically appropriated to the grant program to local law
enforcement agencies to cover expenses related to computers, electronics, software, and other related
necessary supplies. The bill specifies that grants must be provided to local law enforcement agencies if funds
are appropriated for that purpose, and that the total amount of grants awarded may not exceed funding
appropriated for the grant program.
The bill authorizes FDLE to establish criteria and set specific time periods for the acceptance of applications
and for the selection process for awarding grant funds.
The bill may have an indeterminate positive fiscal impact on local law enforcement agencies to the extent that
such agencies apply for and receive funding under the grant program, enabling them to support the creation of
sting operations to target online predators. However, the bill does not include a specific appropriation for the
grant program.
The bill provides an effective date of July 1, 2024. STORAGE NAME: h1131a.CRJ PAGE: 2
DATE: 1/19/2024
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Sting Operations
Section 943.041, F.S., creates the Crimes Against Children Criminal Profiling Program (CACP) within
the Florida Department of Law Enforcement (FDLE). CACP provides investigative, training, and
intelligence assistance to local law enforcement agencies while taking a proactive approach to
investigating and preventing child sexual exploitation.
1
Special Agents are qualified to investigate multi-
jurisdictional operations and organized crimes against children in conjunction with local law
enforcement agencies.
2
A “sting operation” generally consists of an opportunity to commit a crime, a likely offender or group of
offenders targeted by law enforcement, an undercover or hidden law enforcement officer or surrogate,
and the eventual arrest of the likely offender or group of offenders.
3
Sting operations have the potential
to result in large scale arrests and require planning and coordination from law enforcement to
investigate, reduce, and prevent crimes.
4
Sting operations relating to online child sexual exploitation frequently involve an undercover law
enforcement officer who poses as a child online for the purpose of identifying suspects who are
communicating with or attempting to communicate with a child for the purpose of soliciting unlawful
sexual activity. Such sting operations are generally localized efforts, and their utilization and
effectiveness depend on how local officials allocate resources and personnel.
5
Local law enforcement agencies in Florida routinely conduct sting operations targeting online predators
who may intend to commit crimes against children. In Leon County, the Capital City Human Trafficking
Taskforce has arrested 16 people since its formation in late 2023.
6
The taskforce’s undercover
operations targeted individuals engaging in internet crimes against children, prostitution, and human
trafficking.
On January 11, 2024, the Hillsborough County Sheriff’s Office (HSCO) announced the arrest of 123
people over the course of three months, including online predators who thought they were
communicating with children and young teens but were actually communicating with HCSO detectives.
7
On October 10, 2023, the Polk County Sheriff’s Office announced that its fourth undercover sting
operation resulted in the arrest of six people alleged to have communicated online with persons they
thought were children or guardians for the purpose of soliciting unlawful sexual activity with minors.
8
1
FDLE, Missing Children Information Clearinghouse, https://www.fdle.state.fl.us/mcicsearch/crimesagainstchildren.asp (last visited Jan.
19, 2024).
2
Id.
3
Graeme R. Newman, Sting Operations, Center for Problem-Oriented Policing, (2007), https://cops.usdoj.gov/RIC/Publications/cops-
p134-pub.pdf (last visited Jan. 19, 2024).
4
Id.
5
In 2023, the Florida Legislature allocated $427,250 from the General Revenue Fund to the South Florida Internet Crimes Against
Children Task Force Program. See SB 2500 (2023).
6
Elena Barrera, Human trafficking taskforce arrests over a dozen individuals during undercover operation (Jan. 11, 2024), Tallahassee
Democrat, https://news.yahoo.com/human-trafficking-taskforce-arrests-over-020052310.html (last visited Jan. 19, 2024). The taskforce
includes members from the Department of Homeland Security, the United States Attorney’s Office for the Northern District of Florida,
the State Attorney’s Office for the Second Judicial Circuit, the Leon County Sheriff’s Office, FDLE, the Tallahassee Police Department,
the Federal Bureau of Investigations, the Internal Revenue Service, and the United States Marshals Service.
7
HCSO, Operation Renewed Hope, https://teamhcso.com/News/PressRelease/69dfc87b-5961-4432-b0a4-b123d01d11cf/en-US (last
visited Jan. 19, 2024).
8
Polk County Sheriff’s Office, Six suspects arrested during "Operation Child Protector IV" focusing on online solicitation of minors (Oct.
10, 2023), https://www.polksheriff.org/news-investigations/2023/10/10/six-suspects-arrested-during-operation-child-protector-iv-
focusing-on-online-solicitation-of-minors (last visited Jan. 19, 2024). See also “Takedown with Chris Hansen,” an investigative STORAGE NAME: h1131a.CRJ PAGE: 3
DATE: 1/19/2024
Criminal Charges Frequently Resulting from Sting Operations
Sting operations targeting child predators online may frequently result in criminal charges for the
offenses described below.
Certain Uses of Computer Services or Devices Prohibited
Under s. 847.0135(3), F.S., it is a third degree felony
9
for a person who knowingly uses a computer
online service, Internet service, local bulletin board service, or any other device capable of electronic
data storage or transmission to:
Seduce, solicit, lure, or entice, or attempt to seduce, solicit, lure, or entice, a child or another
person believed by the person to be a child, to commit any illegal act described in chapter 794
(sexual battery), chapter 800 (lewd or lascivious offenses), or chapter 827 (child sexual
performance), F.S., or to otherwise engage in any unlawful sexual conduct with a child or with
another person believed by the person to be a child; or
Solicit, lure, or entice, or attempt to solicit, lure, or entice a parent, legal guardian, or custodian
of a child or a person believed to be a parent, legal guardian, or custodian of a child to consent
to the participation of such child in any act described in chapter 794, chapter 800, or chapter
827, F.S., or to otherwise engage in any sexual conduct.
10
Traveling to Meet a Minor
Under s. 847.0135(4), F.S., it is a second degree felony
11
for a person who travels any distance either
within Florida, to Florida, or from Florida by any means, who attempts to do so, or who causes another
to do so or to attempt to do so for the purpose of engaging in any illegal act described in chapter 794,
chapter 800, or chapter 827, F.S., or to otherwise engage in other unlawful sexual conduct with a child
or with another person believed by the person to be a child after using a computer online service,
Internet service, local bulletin board service, or any other device capable of electronic data storage or
transmission to:
Seduce, solicit, lure, or entice or attempt to seduce, solicit, lure, or entice a child or another
person believed by the person to be a child, to engage in any illegal act described in chapter
794, chapter 800, or chapter 827, F.S., or to otherwise engage in other unlawful sexual conduct
with a child; or
Solicit, lure, or entice or attempt to solicit, lure, or entice a parent, legal guardian, or custodian of
a child or a person believed to be a parent, legal guardian, or custodian of a child to consent to
the participation of such child in any act described in chapter 794, chapter 800, or chapter 827,
F.S., or to otherwise engage in any sexual conduct.
Effect of Proposed Changes
HB 1131 creates s. 943.0411, F.S., establishing the Online Sting Operations Grant Program within
FDLE to award grants to local law enforcement agencies to support the creation of sting operations to
target individuals online preying upon children or attempting to prey upon children.
The bill requires FDLE to annually award any funds specifically appropriated to the grant program to
local law enforcement agencies to cover expenses related to computers, electronics, software, and
other related necessary supplies. The bill specifies that grants must be provided to local law
docuseries in which journalist Chris Hansen coordinates with law enforcement, including the Polk County Sheriff’s Office, to conduct
undercover sting operations that “catch” persons accused of soliciting unlawful sexual activity with minors.
https://www.imdb.com/takedown-with-chris-hansen (last visited Jan. 19, 2024).
9
A third degree felony is punishable by up to five years imprisonment and a $5,000 fine. Ss. 775.082, 775.083, or 775.084, F.S.
10
A person who misrepresents his or her age in violating this subsection commits a second degree felony. Each separate use of a
computer online service, Internet service, local bulletin board service, or any other device capable of electronic data storage or
transmission wherein an offense described in this section is committed may be charged as a separate offense.
11
A second degree felony is punishable by up to 15 years in prison and a $10,000 fine. Ss. 775.082, 775.083, or 775.084, F.S. STORAGE NAME: h1131a.CRJ PAGE: 4
DATE: 1/19/2024
enforcement agencies if funds are appropriated for that purpose, and that the total amount of grants
awarded may not exceed funding appropriated for the grant program.
The bill authorizes FDLE to establish criteria and set specific time periods for the acceptance of
applications and for the selection process for awarding grant funds.
The bill provides an effective date of July 1, 2024.
B. SECTION DIRECTORY:
Section 1: Creates s. 943.0411, F.S., relating to Online Sting Operations Grant Program for local law
enforcement agencies to protect children.
Section 2: Provides an effective date of July 1, 2024.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
See Fiscal Comments.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
See Fiscal Comments.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
The bill may have an indeterminate positive fiscal impact on local law enforcement agencies to the
extent that such agencies apply for and receive funding under the grant program, enabling them to
support the creation of sting operations to target online predators. However, the bill does not include a
specific appropriation for the grant program.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision: STORAGE NAME: h1131a.CRJ PAGE: 5
DATE: 1/19/2024
Not Applicable. This bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditures of funds; reduce the authority that counties or municipalities have
to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
The bill authorizes FDLE to establish criteria and set specific time periods for the acceptance of
applications and for the selection process for awarding grant funds under the new grant program.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES