Bill Text: FL S1402 | 2023 | Regular Session | Comm Sub


Bill Title: Public Records/Investigative Genetic Genealogy Materials

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2023-05-01 - Laid on Table, companion bill(s) passed, see CS/HB 1327 (Ch. 2023-235) [S1402 Detail]

Download: Florida-2023-S1402-Comm_Sub.html
       Florida Senate - 2023                             CS for SB 1402
       
       
        
       By the Committee on Governmental Oversight and Accountability;
       and Senator Martin
       
       
       
       
       585-03545A-23                                         20231402c1
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         119.071, F.S.; defining terms; providing an exemption
    4         from public records requirements for investigative
    5         genetic genealogy information and materials;
    6         authorizing and requiring the disclosure of such
    7         information and materials under certain circumstances;
    8         providing for retroactive application; providing for
    9         future legislative review and repeal of the exemption;
   10         providing a statement of public necessity; providing
   11         an effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Paragraph (r) is added to subsection (2) of
   16  section 119.071, Florida Statutes, to read:
   17         119.071 General exemptions from inspection or copying of
   18  public records.—
   19         (2) AGENCY INVESTIGATIONS.—
   20         (r)1.As used in this paragraph, the term:
   21         a.“DNA record” means all information associated with the
   22  collection and analysis of a person’s DNA sample, including the
   23  distinguishing characteristics collectively referred to as a DNA
   24  profile, and includes a single nucleotide polymorphism and a
   25  whole genome sequencing DNA profile.
   26         b.“Genetic genealogy” means the use of DNA testing in
   27  combination with traditional genealogical methods to infer
   28  relationships between persons and determine ancestry.
   29         c.“Investigative genetic genealogy” means the application
   30  of genetic genealogy and law enforcement investigative
   31  techniques to develop investigative leads in unsolved violent
   32  crimes and provide investigative leads as to the identity of
   33  unidentified human remains and living unidentified missing
   34  persons.
   35         d.“Investigative genetic genealogy information and
   36  materials” means the information, records, and DNA records
   37  created or collected by or on behalf of a law enforcement agency
   38  conducting investigative genetic genealogy research, and
   39  includes the names and personal identifying information of
   40  persons identified through the use of genealogy databases,
   41  traditional genealogical methods, or other investigative means.
   42  The term does not include the name or personal identifying
   43  information of:
   44         (I)The donor of a biological sample attributable to a
   45  perpetrator; or
   46         (II)A person identified through investigative genetic
   47  genealogy who is a witness to or has personal knowledge related
   48  to the crime under investigation.
   49         e.“Traditional genealogical methods” means the use of
   50  genealogical databases and historical records to trace the
   51  family lineage of a person.
   52         2.Investigative genetic genealogy information and
   53  materials are confidential and exempt from s. 119.07(1) and s.
   54  24(a), Art. I of the State Constitution.
   55         3.Notwithstanding subparagraph 2., a law enforcement
   56  agency:
   57         a.May disclose investigative genetic genealogy information
   58  and materials in furtherance of its official duties and
   59  responsibilities or to another governmental agency in the
   60  furtherance of its official duties and responsibilities.
   61         b.Shall disclose investigative genetic genealogy
   62  information and materials pursuant to a court order for the
   63  furtherance of a criminal prosecution. If a court orders the
   64  disclosure of such information and materials, the recipient of
   65  the information and materials must maintain the confidential and
   66  exempt status of the information and materials and may only
   67  publicly disclose the information and materials as necessary for
   68  purposes of a criminal prosecution as determined by the court.
   69         4.The exemption in this paragraph applies to investigative
   70  genetic genealogy information and materials held by an agency
   71  before, on, or after July 1, 2023.
   72         5.This paragraph is subject to the Open Government Sunset
   73  Review Act in accordance with s. 119.15 and shall stand repealed
   74  on October 2, 2028, unless reviewed and saved from repeal
   75  through reenactment by the Legislature.
   76         Section 2. The Legislature finds that it is a public
   77  necessity that investigative genetic genealogy information and
   78  materials be made confidential and exempt from s. 119.07(1),
   79  Florida Statutes, and s. 24(a), Article I of the State
   80  Constitution. Investigative genetic genealogy is an advanced
   81  investigative tool that uses law enforcement agency
   82  investigative resources and traditional genealogical research in
   83  collaboration with crime laboratories, private vendor
   84  laboratories, and companies or organizations that provide
   85  genealogy services and information to the public. Investigative
   86  genetic genealogy allows law enforcement agencies to generate an
   87  investigative lead on an unknown perpetrator. The investigative
   88  lead aids law enforcement agencies in determining potential
   89  donors of crime scene samples, which can be confirmed or refuted
   90  by a crime laboratory for use in legal proceedings. Convictions
   91  and exonerations have been aided by the use of investigative
   92  genetic genealogy. The same techniques are also used in missing
   93  persons and unidentified human remains cases. Investigative
   94  genetic genealogy is a valuable tool to solve violent crimes and
   95  to hold accountable perpetrators who may otherwise roam freely
   96  and undetected in society. Traditional forensic DNA testing
   97  attempts to identify the possible donor of a crime scene sample
   98  through matches in law enforcement agencies’ DNA databases that
   99  consist of short tandem repeat DNA databases. The use of
  100  investigative genetic genealogy differs from traditional law
  101  enforcement agency investigative techniques because it uses
  102  advanced DNA testing to develop a single nucleotide polymorphism
  103  or a whole genome sequencing profile from the unknown crime
  104  scene DNA, which is then uploaded into a public genealogy
  105  database and used to locate personal identifying information for
  106  possible relatives and ancestors who participate in the
  107  databases. Individuals whose names, contact information, or
  108  other family associations are available in these databases may,
  109  and routinely, have no association with or knowledge of the
  110  perpetrator or the crime that a law enforcement agency is
  111  investigating. The first publicized use of investigative genetic
  112  genealogy involved the Golden State Killer cases in California.
  113  The publicity surrounding law enforcement agencies’ use of
  114  genetic genealogy led individuals, genealogy service providers,
  115  genealogical testing companies, and privacy advocates and
  116  ethicists to express privacy concerns. Private companies have
  117  since strictly limited or precluded law enforcement agency
  118  access to genetic genealogy databases due to fear that
  119  individuals who are biologically related to a perpetrator but
  120  unassociated with the crime may be identified, harassed, and
  121  even victimized. Law enforcement agency use of investigative
  122  genetic genealogy information and materials has been restricted
  123  to violent crimes and unidentified human remains, and companies
  124  employ opt-in features for customers. Failure to properly
  125  protect and limit the disclosure of investigative genetic
  126  genealogy information and materials will hinder law enforcement
  127  agencies’ ability to use this valuable method to solve violent
  128  crimes and provide closure to the family members of victims of
  129  these heinous acts. Often, unidentified human remains are
  130  homicide victims, so protection of investigative genetic
  131  genealogy tools and information is equally important in giving
  132  names to these decedents as well as to their perpetrators. For
  133  the foregoing reasons, the Legislature finds that it is a public
  134  necessity that investigative genetic genealogy information and
  135  materials be made confidential and exempt from public records
  136  requirements and that such exemption be applied retroactively.
  137         Section 3. This act shall take effect July 1, 2023.

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