Bill Text: FL S1402 | 2023 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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       Florida Senate - 2023                                    SB 1402
       
       
        
       By Senator Martin
       
       
       
       
       
       33-01108-23                                           20231402__
    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 materials; authorizing the
    6         disclosure of investigative genetic genealogy
    7         materials under specified circumstances; providing for
    8         retroactive application; providing for future
    9         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. “Genetic genealogy” is the application of genetics to
   22  genealogy wherein DNA testing is combined with traditional
   23  genealogical methods to infer relationships between individuals
   24  and determine ancestry.
   25         b. “Investigative genetic genealogy” means the application
   26  of genetic genealogy and law enforcement investigative
   27  techniques to develop investigative leads in unsolved violent
   28  crimes and provide investigative leads as to the identity of
   29  unidentified human remains and living unidentified missing
   30  persons. A single nucleotide polymorphism or whole genome
   31  sequencing DNA profile is developed from an unknown DNA profile
   32  from a crime scene or unidentified human remains and then
   33  uploaded into a web-based genealogy database. Genealogy
   34  databases are used to detect possible genetic relationships with
   35  distant relatives.
   36         c. “Investigative genetic genealogy materials” means the
   37  information, records, and genetic profiles created or collected
   38  by or on behalf of a law enforcement agency conducting
   39  investigative genetic genealogy research. This includes any
   40  names and personal identifying information or identifiers of
   41  individuals determined through the use of genealogy databases,
   42  traditional genealogical methods, or other investigative means.
   43  The term does not include:
   44         (I) The identity or personal identifying information of the
   45  donor of a biological sample attributable to a perpetrator, with
   46  the exception of the single nucleotide polymorphism or whole
   47  genome sequencing DNA profile developed from the crime scene
   48  evidence; or
   49         (II) Any individual identified through investigative
   50  genetic genealogy who is a witness to or has personal knowledge
   51  related to the crime under investigation, with the exception of
   52  the individual’s single nucleotide polymorphism or whole genome
   53  sequencing DNA profile.
   54         d. “Single nucleotide polymorphism” is a variation in a
   55  single unit in a DNA sequence. Profiles consisting of single
   56  nucleotide polymorphism data from various locations in a genome
   57  are made up of letters representing the building blocks of DNA
   58  (A, T, G, and C). However, depending on the locations tested,
   59  single nucleotide polymorphism data may also reveal information
   60  on physical characteristics, disease predisposition, and
   61  susceptibility to environmental factors such as toxins or drugs.
   62         e. “Traditional genealogical methods” means the use of
   63  genealogical databases and historical records to trace the
   64  family lineage of an individual.
   65         f. “Whole genome sequencing” means the attempt to determine
   66  the genetic code using A, T, G, and C for an individual
   67  throughout the entire complement of DNA, including all genes.
   68  Whole genome sequencing data represents the entirety of an
   69  individual’s DNA and the traits, health, and ancestry
   70  information it contains.
   71         2. Investigative genetic genealogy materials, including a
   72  single nucleotide polymorphism or a whole genome sequencing
   73  profile, are confidential and exempt from s. 119.07(1) and s.
   74  24(a), Art. I of the State Constitution.
   75         3. Notwithstanding subparagraph 2., investigative genetic
   76  genealogy materials, including a single nucleotide polymorphism
   77  or whole genome sequencing profile, or a portion thereof, may be
   78  disclosed by a law enforcement agency:
   79         a. In furtherance of its official duties and
   80  responsibilities; or
   81         b. To another governmental agency in the furtherance of its
   82  official duties and responsibilities.
   83         4. Notwithstanding subparagraph 2., investigative genetic
   84  genealogy materials, including a single nucleotide polymorphism
   85  or whole genome sequencing profile, or a portion thereof, must
   86  be disclosed pursuant to a court order in furtherance of a
   87  criminal prosecution. If a court orders that investigative
   88  genetic genealogy materials be disclosed, the recipient of the
   89  records or information must maintain the confidentiality of
   90  those records or information and may only disclose them publicly
   91  as needed for purposes of a criminal prosecution, as determined
   92  by the court.
   93         5. The exemption in subparagraph 2. must be given
   94  retroactive application and must apply to all investigative
   95  genetic genealogy materials, including a single nucleotide
   96  polymorphism or whole genome sequencing profile, or a portion
   97  thereof, held in the possession of an agency before, on, or
   98  after July 1, 2023.
   99         6. This paragraph is subject to the Open Government Sunset
  100  Review Act in accordance with s. 119.15 and shall stand repealed
  101  on October 2, 2028, unless reviewed and saved from repeal
  102  through reenactment by the Legislature.
  103         Section 2. The Legislature finds that it is a public
  104  necessity that investigative genetic genealogy materials be made
  105  confidential and exempt from s. 119.07(1), Florida Statutes, and
  106  s. 24(a), Article I of the State Constitution. Investigative
  107  genetic genealogy is an advanced investigative tool that uses
  108  law enforcement agency investigative resources and traditional
  109  genealogical research in collaboration with crime laboratories,
  110  private vendor laboratories, and companies or organizations that
  111  provide genealogy services and information to the public.
  112  Investigative genetic genealogy allows law enforcement agencies
  113  to generate an investigative lead on an unknown perpetrator. The
  114  investigative lead aids law enforcement agencies in determining
  115  potential donors of crime scene samples, which can be confirmed
  116  or refuted by a crime laboratory for use in legal proceedings.
  117  Convictions and exonerations have been aided by the use of
  118  investigative genetic genealogy. The same techniques are also
  119  used in missing persons and unidentified human remains cases.
  120  Investigative genetic genealogy is a valuable tool to solve
  121  violent crimes and to hold accountable perpetrators who may
  122  otherwise roam freely and undetected in society. Traditional
  123  forensic DNA testing attempts to identify the possible donor of
  124  a crime scene sample through matches in law enforcement
  125  agencies’ DNA databases that consist of short tandem repeat DNA
  126  databases. The use of investigative genetic genealogy differs
  127  from traditional law enforcement agency investigative techniques
  128  because it uses advanced DNA testing to develop a single
  129  nucleotide polymorphism or a whole genome sequencing profile
  130  from the unknown crime scene DNA, which is then uploaded into a
  131  public genealogy database and used to locate personal
  132  identifying information for possible relatives and ancestors who
  133  participate in the databases. Individuals whose names, contact
  134  information, or other family associations are available in these
  135  databases may, and routinely, have no association with or
  136  knowledge of the perpetrator or the crime that a law enforcement
  137  agency is investigating. The first publicized use of
  138  investigative genetic genealogy involved the Golden State Killer
  139  cases in California. The publicity surrounding law enforcement
  140  agencies’ use of genetic genealogy led individuals, genealogy
  141  service providers, genealogical testing companies, and privacy
  142  advocates and ethicists to express privacy concerns. Private
  143  companies have since strictly limited or precluded law
  144  enforcement agency access to genetic genealogy databases due to
  145  fear that individuals who are biologically related to a
  146  perpetrator but unassociated with the crime may be identified,
  147  harassed, and even victimized. Law enforcement agency use of
  148  investigative genetic genealogy materials has been restricted to
  149  violent crimes and unidentified human remains, and companies
  150  employ opt-in features for customers. Failure to properly
  151  protect and limit the disclosure of investigative genetic
  152  genealogy materials will hinder law enforcement agencies’
  153  ability to use this valuable method to solve violent crimes and
  154  provide closure to the family members of victims of these
  155  heinous acts. Often, unidentified human remains are homicide
  156  victims, so protection of investigative genetic genealogy tools
  157  and information is equally important in giving names to these
  158  decedents as well as to their perpetrators. For the foregoing
  159  reasons, the Legislature finds that it is a public necessity
  160  that investigative genetic genealogy materials be made
  161  confidential and exempt from public records requirements and
  162  that such exemption be applied retroactively.
  163         Section 3. This act shall take effect July 1, 2023.