According to police records, in November of last year, Frank Milio tried to pay an undercover police officer $20 for sex. Milio said in an interview with Herald-Tribune that he was only flirting with the woman, stating, "I haven't had that in years. Ninety-three is kind of old." Manatee county prosecutors have decided to proceed with a case against Milio, they have issued subpoenas and plan to take him to trial in April 2008.

Carlos Underhill, 93, will not be charged, although he does not deny stopping to chat with the "good-looking girl" who made eyes at him and turned out to be an undercover officer.

Although Underhill was willing to pay $30 and told the undercover officer he would return, he cannot be charged because the police have no way of knowing if he actually intended to return. Underhill claims he was not cruising for sex, he just wanted to chat with the girl that smiled at him as he drove by. Underhill says, "All I was going to do was talk. It wasn't for sex. I am 93, you know."