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