Florida 2024 2024 Regular Session

Florida House Bill H1131 Analysis / Analysis

Filed 03/14/2024

                     
This document does not reflect the intent or official position of the bill sponsor or House of Representatives. 
STORAGE NAME: h1131z.DOCX 
DATE: 3/6/2024 
HOUSE OF REPRESENTATIVES STAFF FINAL BILL ANALYSIS  
 
BILL #: HB 1131    Online Sting Operations Grant Program 
SPONSOR(S): Temple and others 
TIED BILLS:   IDEN./SIM. BILLS: SB 1190 
 
 
 
 
FINAL HOUSE FLOOR ACTION: 116 Y’s 
 
0 N’s GOVERNOR’S ACTION: Pending 
 
 
SUMMARY ANALYSIS 
HB 1131 passed the House on February 22, 2024, and subsequently passed the Senate on March 5, 2024. 
 
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. 
 
The bill 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 grant program established in the bill is subject to legislative appropriation. If an appropriation is provided 
by the legislature, the bill may have an indeterminate fiscal impact on state and local governments to the extent 
that local law enforcement agencies may apply for and receive funding from FDLE under the grant program. 
 
Subject to the Governor’s veto powers, the effective date of this bill is July 1, 2024.    
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I. SUBSTANTIVE INFORMATION 
 
A. EFFECT OF CHANGES:  
 
Background 
 
Sting Operations 
 
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.
1
 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.
2
 
 
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.
3
 
 
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.
4
 The taskforce’s undercover 
operations targeted individuals engaging in internet crimes against children, prostitution, and human 
trafficking. 
 
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.
5
 
 
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.
6
 
 
 
 
 
Criminal Charges Frequently Resulting from Sting Operations 
 
                                                
1
 Graeme R. Newman, Sting Operations, Center for Problem-Oriented Policing, (2007), https://cops.usdoj.gov/RIC/Publications/cops-
p134-pub.pdf (last visited Mar. 6, 2024). 
2
 Id. 
3
 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). 
4
 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 Mar. 6, 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. 
5
 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 Mar. 6, 2024). See also “Takedown with Chris Hansen,” an investigative 
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 Mar. 6, 2024). 
6
 HCSO, Operation Renewed Hope, https://teamhcso.com/News/PressRelease/69dfc87b-5961-4432-b0a4-b123d01d11cf/en-US (last 
visited Mar. 6, 2024).   
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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
7
 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.
8
 
 
 Traveling to Meet a Minor 
 
Under s. 847.0135(4), F.S., it is a second degree felony
9 
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 the Bill 
 
The bill 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. 
                                                
7
 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. 
8
 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. 
9
 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.   
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Subject to the Governor’s veto powers, the effective date of this bill is July 1, 2024. 
 
II.  FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT 
 
A. FISCAL IMPACT ON STATE GOVERNMENT: 
 
1. Revenues: 
None. 
 
2. Expenditures: 
The bill may have an indeterminate impact on state expenditures to the extent the bill authorizes 
FDLE to distribute funds specifically appropriated for the grant program. Any such impact is subject 
to legislative appropriation. 
 
B. FISCAL IMPACT ON LOCAL GOVERNMENTS: 
 
1. Revenues: 
The bill may have an indeterminate positive impact on local government revenues to the extent that 
some local law enforcement agencies may receive future grant funding. 
 
2. Expenditures: 
None. 
 
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR: 
None. 
 
D. FISCAL COMMENTS: 
None.