The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Criminal Justice
BILL: SB 1190
INTRODUCER: Senator Ingoglia
SUBJECT: Online Sting Operations Grant Program
DATE: January 22, 2024
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Parker Stokes CJ Favorable
2. ACJ
3. FP
I. Summary:
SB 1190 creates s. 943.0411, F.S., establishing the Online Sting Operations Grant Program
within the Florida Department of Law Enforcement (FDLE). The purpose of the program is to
award grants to law enforcement agencies to support their creation of sting operations to target
individuals online who prey upon children or attempt to do so.
The FDLE will annually award to local law enforcement agencies funds specifically appropriated
for the grant program to cover expenses related to computers, electronics, software, and other
related necessary supplies.
The bill provides that grants must be provided to local law enforcement agencies if funds are
appropriated for that purpose. 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. See Section V. Fiscal Impact
Statement.
The bill becomes effective July 1, 2024.
II. Present Situation:
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
REVISED: BILL: SB 1190 Page 2
Human Trafficking Taskforce has arrested 16 people since its formation in late 2023.
1
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.
2
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.
3
Florida Crimes Against Children Criminal Profiling Program
Section 943.041, F.S., creates the Crimes Against Children Criminal Profiling Program (CACP)
within the FDLE. The CACP provides investigative, training, and intelligence assistance to local
law enforcement agencies while taking a proactive approach to investigating and preventing
child sexual exploitation.
4,5
Intelligence Assistance
The first step in this program is the identification of local, state, and federal law enforcement
professionals working these cases. The networking and sharing of intelligence and investigative
data enhances the existing communications network of the Florida Investigative Support Center
(FISC) within FDLE. This database enables FDLE personnel to identify patterns and movements
of specific criminal activities. In addition, it provides local law enforcement investigators with a
statewide medium through which they share criminal information.
Investigative Assistance
Special Agents of the CACP have received extensive training in the area of crimes against
children. Consequently, members of this program are qualified to investigate multi-jurisdictional
1
Elena Barrera, Human trafficking taskforce arrests over a dozen individuals during undercover operation (January 11,
2024), Tallahassee Democrat, https://news.yahoo.com/human-trafficking-taskforce-arrests-over-
020052310.html?guccounter=1 (last visited January 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.
2
HCSO, Operation Renewed Hope, https://teamhcso.com/News/PressRelease/69dfc87b-5961-4432-b0a4-b123d01d11cf/en-
US (last visited January 19, 2024).
3
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 on January 19, 2024).
4
Section 943.041, F.S.
5
Florida Department of Law Enforcement, Crimes Against Children, available at
https://www.fdle.state.fl.us/mcicsearch/crimesagainstchildren.asp#:~:text=The%20Crimes%20Against%20Children%20Prog
ram,to%20local%20law%20enforcement%20agencies. (last visited January 19, 2024). BILL: SB 1190 Page 3
operations and organized crimes against children. In addition, investigative and technical
assistance is provided to local law enforcement agencies.
The major concerns include:
Serial Child Homicides.
Pedophiles.
Child Pornography.
Child Sexual Abuse.
The CACP also has the ability to utilize the services of FDLE Special Agents who have been
specifically trained in psychological profiling.
6
Sting operations cover a wide variety of crimes and use different techniques depending on the
operation’s immediate or long-term purpose. It is difficult to define precisely what a sting
operation is. However, with some exceptions, all sting operations contain four basic elements:
An opportunity or enticement to commit a crime, either created or exploited by police.
A targeted likely offender or group of offenders for a particular crime type.
An undercover or hidden police officer or surrogate, or some form of deception.
A “gotcha” climax when the operation ends with arrests.
7
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
8
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 ch. 794
(sexual battery), ch. 800 (lewd or lascivious offenses), or ch. 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;
9
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 ch. 794, ch. 800, or
ch. 827, F.S., or to otherwise engage in any sexual conduct.
10
6
Id.
7
Graeme R. Newman, Sting Operations, Center for Problem-Oriented Policing, 2007,
https://portal.cops.usdoj.gov/resourcecenter/RIC/Publications/cops-p134-pub.pdf (last visited January 18, 2024).
8
A third degree felony is punishable by up to five years imprisonment and a $5,000 fine pursuant to s. 775.082, s. 775.083,
and s. 775.084, F.S.
9
Section 847.0135(3)(a), F.S.
10
Section 847.0135(3)(b), F.S. BILL: SB 1190 Page 4
Traveling to Meet a Minor
Any person who travels any distance either within this state, to this state, or from this state 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 ch. 794, ch. 800, or ch. 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:
11
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 ch. 794,
ch. 800, or ch. 827, F.S., or to otherwise engage in other unlawful sexual conduct with a
child;
12
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 ch. 794, ch. 800, or
ch. 827, F.S., or to otherwise engage in any sexual conduct, commits a felony of the second
degree.
13,14
III. Effect of Proposed Changes:
The bill creates s. 943.0411, F.S., establishing the Online Sting Operations Grant Program within
the FDLE. The purpose of the program is to award grants to law enforcement agencies to support
their creation of sting operations to target individuals online who prey upon children or attempt
to do so.
The FDLE will annually award to local law enforcement agencies funds specifically appropriated
for the grant program to cover expenses related to computers, electronics, software, and other
related necessary supplies.
The bill provides that grants must be provided to local law enforcement agencies if funds are
appropriated for that purpose. 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 becomes effective July 1, 2024.
11
Section 847.0135(4), F.S.
12
Section 847.0135(4)(a), F.S.
13
Section 847.0135(4)(b), F.S.
14
A second degree felony is punishable by a term of imprisonment not exceeding 15 years pursuant to s. 775.082, s. 775.083,
or s. 775.084, F.S. BILL: SB 1190 Page 5
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None identified.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
The bill may have an indeterminate positive fiscal impact. The bill would ensure that
local agencies would be able to conduct operations for online predators without budget
restrictions for financially restricted agencies.
15
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
15
FDLE, 2024 Legislative Bill Analysis, (January 8, 2023), at p. 3 (on file with the Senate Committee on Criminal Justice). BILL: SB 1190 Page 6
VIII. Statutes Affected:
This bill creates section 943.0411 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.