This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
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DATE: 3/5/2024
HOUSE OF REPRESENTATIVES STAFF FINAL BILL ANALYSIS
BILL #: CS/HB 453 Forensic Genetic Genealogy Grants
SPONSOR(S): Criminal Justice Subcommittee, Anderson and others
TIED BILLS: IDEN./SIM. BILLS: CS/SB 678
FINAL HOUSE FLOOR ACTION: 113 Y’s
0 N’s GOVERNOR’S ACTION: Pending
SUMMARY ANALYSIS
CS/HB 453 passed the House on March 5, 2024, as CS/SB 678.
Historically, the most common form of DNA analysis used to match samples and test for identification in
forensic laboratories analyzes only certain parts of DNA, known as short tandem repeats (STRs). In the early
1990s, the Federal Bureau of Investigation (FBI) chose 13 STRs as the basis for a DNA identification profile,
and the 13 STRs became known as the Combined DNA Index System (CODIS), which is now the general term
used to describe the FBI’s program of support for local, state, and national criminal justice DNA databases.
When a suspect’s identity is unknown, a crime laboratory may upload a forensic profile into CODIS to compare
against additional DNA profiles uploaded by other federal, state, or local laboratories.
In contrast to traditional methods of DNA comparison using STR profiles in CODIS, investigative genetic
genealogy (IGG) utilizes single nucleotide polymorphism (SNP)-based DNA matching combined with family
tree research to produce investigative leads in criminal investigations and missing persons cases. IGG differs
from the traditional STR DNA matching utilized on CODIS in the technology employed, the nature of the
databases utilized, the genetic markers involved, and the algorithms run. Information and data derived from
IGG is not, and cannot be, uploaded, searched, or retained in any CODIS DNA Index.
The Florida Department of Law Enforcement (FDLE) has established a Forensic Investigative Genetic
Genealogy (FIGG) Program which utilizes the FDLE Genetic Genealogy Team to work with local law
enforcement agencies to develop investigative leads based on DNA matches to relatives found in public
genealogy databases. The FIGG Program, which is currently funded internally, accepts cases when a CODIS-
eligible DNA profile has been developed but no further leads are available.
The bill creates s. 943.327, F.S., to establish the Forensic Investigative Genetic Genealogy Grant Program
within FDLE to annually award grants, from any funds specifically appropriated to the grant program, to
statewide and local law enforcement agencies and medical examiner’s offices to cover expenses related to
using forensic investigative genetic genealogy methods to generate investigative leads for criminal
investigations of violent crimes and unidentified human remains. The bill requires the grant funds be used in
accordance with FDLE rule and only for certain limited purposes.
The bill requires each grant recipient to provide a report, including certain required information, to the executive
director of FDLE no later than one year after receipt of funds under the grant program.
The bill appropriates a non-recurring sum of $500,000 for the 2024-2025 fiscal year from the General Revenue
Fund to FDLE for the Forensic Investigative Genetic Genealogy Grant Program. The bill may have an
indeterminate fiscal impact on state and local governments to the extent that state and local law enforcement
agencies and medical examiner’s offices may receive grant funding from FDLE. The bill may also impact
private entities to the extent that testing funded through the program may be outsourced to them.
Subject to the Governor’s veto powers, the effective date of this bill is July 1, 2024.
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I. SUBSTANTIVE INFORMATION
A. EFFECT OF CHANGES:
Background
FBI’s Combined DNA Index System (CODIS)
Deoxyribonucleic acid (DNA) is hereditary material existing in the cells of all living organisms. A DNA
profile may be created by testing the DNA in a person’s cells. Similar to fingerprints, a person’s DNA
profile is a unique identifier, except for identical twins, who have the exact same DNA profile. DNA
evidence may be collected from any biological material, such as hair, teeth, bones, skin cells, blood,
semen, saliva, urine, feces, and other bodily substances.
1
“It is a fundamental principle of genetics that
individuals who are closely related will share DNA from their common ancestors; and the more distant
the relationship, the less DNA is shared.”
2
Historically, the most common form of DNA analysis used to match samples and test for identification in
forensic laboratories analyzes only certain parts of DNA, known as short tandem repeats (STRs).
3
In
the early 1990s, the Federal Bureau of Investigation (FBI) chose 13 STRs as the basis for a DNA
identification profile, and the 13 STRs became known as the Combined DNA Index System (CODIS).
4
CODIS is now the general term used to describe the FBI’s program of support for local, state, and
national criminal justice DNA databases, as well as the software used to run these databases.
5
When a suspect’s identity is unknown, a participating crime laboratory may upload a forensic profile
into CODIS to compare against additional DNA profiles uploaded by other federal, state, or local
participating laboratories. If a match is identified, the laboratories involved exchange information to
verify the match and establish coordination between the two agencies. This match can provide
probable cause for law enforcement to obtain a warrant to collect a biological reference sample from an
offender. A laboratory can then perform DNA analysis on the known biological sample and present the
analysis as evidence in court.
6
Investigative Genetic Genealogy (IGG)
In contrast to traditional methods of DNA comparison using STR profiles in CODIS, investigative
genetic genealogy (IGG), also known as forensic genetic genealogical DNA analysis and searching
7
or
forensic genetic genealogy,
8
utilizes single nucleotide polymorphism (SNP)
9
-based DNA matching
combined with family tree research to produce investigative leads in criminal investigations and missing
persons cases.
10
IGG differs from the traditional STR DNA matching utilized on CODIS in the
technology employed, the nature of the databases utilized, the genetic markers involved, and the
1
FindLaw, How DNA Evidence Works, https://criminal.findlaw.com/criminal-procedure/how-dna-evidence-works.html (last visited Mar.
5, 2024).
2
Daniel Kling, Christopher Phillips, Debbie Kennett, and Andreas Tillmar, Investigative genetic genealogy: Current methods, knowledge
and practice, Vol. 52, FSI Genetics, p. 1, (May 2021), https://www.fsigenetics.com/article/S1872-4973(21)00013-2/fulltext (last visited
Mar. 5, 2024).
3
Kelly Lowenberg, Applying the Fourth Amendment when DNA Collected for One Purpose is Tested for Another, 79 U. Cin. L. Rev.
1289, 1293 (2011), https://law.stanford.edu/wp-content/uploads/2011/11/APPLYING-THE-FOURTH-AMENDMENT-WHEN-DNA-
COLLECTED-FOR-ONE-PURPOSE.pdf (last visited Mar. 5, 2024).
4
Id.
5
FBI, Frequently Asked Questions on CODIS and NDIS, https://www.fbi.gov/how-we-can-help-you/dna-fingerprint-act-of-2005-
expungement-policy/codis-and-ndis-fact-sheet (last visited Mar. 5, 2024).
6
Id.
7
U.S. Department of Justice, Interim Policy: Forensic Genetic Genealogical DNA Analysis and Searching,
https://www.justice.gov/olp/page/file/1204386/download (last visited Mar. 5, 2024).
8
Supra note 2, at 2.
9
Each SNP represents a variation in a single DNA building block. Medline Plus, National Library of Medicine, What are single
nucleotide polymorphisms (SNPs)?, https://medlineplus.gov/genetics/understanding/genomicresearch/snp/ (last visited Mar. 5, 2024).
10
Supra note 2, at 2.
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algorithms run. Information and data derived from IGG is not, and cannot be, uploaded, searched, or
retained in any CODIS DNA Index.
11
IGG examines more than half a million SNP DNA markers which replace the STR DNA markers
typically analyzed.
12
Based on the nature of SNP markers scientists are able to identify shared blocks
of DNA between a forensic sample and the sample donor’s potential relatives.
13
SNP markers have
been identified as being more stable than STR markers and allow for increased accuracy in identifying
potential familial connections.
14
The technology to conduct SNP testing became readily available to the general public in 2007 through
direct-to-consumer testing companies (DTCs). Consumers purchase test kits and provide DNA samples
to the companies who then generate genetic data using SNP microarrays
15, 16
that produce 600,000 to
700,000 SNP markers. The companies can then analyze the SNP markers for purposes such as:
Biogeographical ancestry information;
Identifying potential genetic relatives; and
Health, wellness, and trait conditions and predispositions.
17
When the purpose is to search for potential genetic relatives, the SNP DNA profile is compared against
genetic profiles of individuals who have voluntarily submitted their biological samples to these
databases. A computer algorithm then evaluates potential familial relationships between the sample
donor and service users.
18
There are four principal DTCs: Ancestry, FamilyTreeDNA (FTDNA), MyHeritage, and 23andMe. As of
August 2020, the four principal DTCs have tested over 36 million people. Many DTC genetic testing
providers maintain their customers’ SNP data in a database. However, the DTCs permit customers to
retrieve their data to personally maintain, control, and share their SNP file. Individuals can share their
SNP file with researchers and third-party services, such as GEDmatch, that offer to interpret their SNP
data.
19
In addition to the four principal DTCs there are also two frequently-utilized third-party services:
GEDmatch and DNASolves. GEDmatch does not provide genetic testing services but instead provides
a central location for users to upload and share their SNP file. GEDmatch allows users to search for
matches with people who have tested on different platforms at different testing companies and have
subsequently shared their SNP file with GEDmatch.
20
GEDmatch is also able to accept raw data from
both microarrays and whole genome sequencing and can be used for law enforcement matching.
21
Similarly, DNASolves does not provide genetic testing services, but does accept user-uploaded SNP
data from the four principal DTCs.
22
11
Supra note 7, at 3-4.
12
Supra note 7, at 3.
13
Supra note 7, at 3.
14
Alasdair Macdonald and Graham Holton, What is STR and SNP DNA?, Who Do You Think You Are?,
https://www.whodoyouthinkyouaremagazine.com/tutorials/dna/what-is-str-and-snp-dna/ (last visited Mar. 5, 2024).
15
A microarray tool is used to determine whether DNA from a particular individual contains a mutation in genes. National Human
Genome Research Institute, DNA Microarray Technology Fact Sheet, https://www.genome.gov/about-genomics/fact-sheets/DNA-
Microarray-Technology (last visited Mar. 5, 2024).
16
Whole genome sequencing (WGS) is another way to create SNP datasets that mirrors microarray technology and has been widely
adopted to ensure sensitivity to challenging forensic sampling. Supra note 2.
17
Scientific Working Group DNA Analysis Methods, Overview of Investigative Genetic Genealogy,
https://www.swgdam.org/_files/ugd/4344b0_6cc9e7c82ccc4fc0b5d10217af64e31b.pdf (last visited Mar. 5, 2024).
18
Supra note 7, at 3.
19
Supra note 17, at 2.
20
Id.
21
Supra note 2, at 13.
22
Supra note 2, at 15.
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Law enforcement agencies have begun opting to utilize IGG over more traditional searches on CODIS
because the profiles uploaded on CODIS use far fewer STR genetic markers than the hundreds of
thousands of SNP markers available on genetic genealogy companies’ databases.
U.S. Department of Justice Interim Policy on IGG
In response to the increase in the utilization of IGG, the U.S. Department of Justice issued an Interim
Policy on IGG. The Policy provides that law enforcement agencies may initiate the IGG process when a
case involves an unsolved violent crime or unidentified human remains. The Policy provides guidelines
for the IGG process including:
Before the IGG progress may be initiated an agency must have developed a STR DNA profile
from a collected crime scene sample and uploaded the sample into CODIS.
The agency must pursue all reasonable and viable investigative leads, including through a
CODIS search.
23
If a CODIS search fails to produce a probative and confirmed DNA match, the agency may
utilize IGG.
If the case is properly postured to use IGG, the agency must develop, generally through a third-
party vendor, a SNP DNA profile from the collected sample and then upload the DNA profile to
DTCs and other third-party genetic genealogy companies (collectively referred to as “GG”
companies) to identify potential genetic relatives in the database.
The agency must identify themselves as law enforcement to GG companies and enter and
search SNP DNA profiles only in those GG company databases that provide explicit notice to
their service users and the public that law enforcement may use their service sites to investigate
crimes or to identify unidentified human remains.
If the search results in one or more genetic associations, the GG company provides law
enforcement with a list of genetically associated
24
service user names along with an estimated
relationship.
The agency may not arrest a suspect based solely on a genetic association generated by a GG
company.
The agency must treat this information as an investigate lead only and must utilize traditional
genealogy research and other investigative work to determine the true nature of the genetic
association, including creating a STR DNA profile of the new suspect and comparing it to the
forensic profile previously uploaded to CODIS.
If a suspect is arrested and charged with a criminal offense the agency must direct the GG
company to remove from its databases and return the SNP DNA profile and all associated
information to the agency.
Biological samples and SNP DNA profiles may not be used to determine the donor’s genetic
predisposition for disease or any other medical condition or psychological trait.
25
DTCs and Third-Party Companies and Law Enforcement Access
Of the four principal commercial companies only FTDNA allows law enforcement matching within the
opted in section of its database. Law enforcement agencies that want to use the FTDNA database are
required to register all forensic samples and genetic files prior to uploading. FTDNA may grant
permission to use the database only after the required documentation is submitted, reviewed, and
approved. Even if permission is granted, access is limited for the purposes of identifying remains of
23
“Reasonable investigative leads” are credible, case-specific facts, information, or circumstances that would lead a reasonably
cautious investigator to believe that their pursuit would have a fair probability of identifying a suspect. Supra note 7, at 5.
24
A genetic association means that the donor of the sample may be related to the service user. Supra note 7, at 4.
25
Supra notes 7 and 17.
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deceased individuals and identifying perpetrators of homicide, sexual assault, or abduction.
26
FTDNA
allows users to opt out of law enforcement searches.
27
GEDmatch, a citizen science website founded in 2010, proved crucial to the initial development of IGG.
GEDmatch allows DNA profiles to be uploaded from a wide variety of sources, including law
enforcement agencies. GEDmatch launched a dedicated law enforcement portal in December 2020.
GEDmatch allows samples of unidentified human remains to be compared against the entire database,
while profiles uploaded to identify the perpetrator of a violent crime
28
may only be matched against the
opt in portion of the database. GEDmatch users are automatically opted out of law enforcement
searches but may choose to opt in.
29
DNASolves was setup in December 2019 and is intended to be a dedicated SNP database for law
enforcement use. Users on DNASolves contribute data solely to solve crime, there is no public-facing
search and users cannot be matched with relatives. Users may voluntarily submit their name, date of
birth, and their parents’ names to assist investigators.
30
Florida Department of Law Enforcement Genetic Genealogy Team
The Florida Department of Law Enforcement (FDLE) has established a Forensic Investigative Genetic
Genealogy (FIGG) Program which utilizes the FDLE Genetic Genealogy Team. The Genetic Genealogy
Team is composed of experts in genetic genealogy, analytical research, forensics, and investigations
who work with local law enforcement agencies to develop investigative leads based on DNA matches to
relatives found in public genealogy databases.
31
The FIGG Program accepts cases when a CODIS-
eligible DNA profile has been developed but no further leads are available. FDLE currently uses internal
funds to administer this program.
32
Effect of the Bill
The bill creates s. 943.327, F.S., to establish the Forensic Investigative Genetic Genealogy Grant
Program within FDLE to annually award grants, from any funds specifically appropriated to the grant
program, to statewide and local law enforcement agencies and medical examiner’s offices to cover
expenses related to using forensic investigative genetic genealogy methods to generate investigative
leads for criminal investigations of violent crimes and unidentified human remains.
The bill requires the grant funds to be used in accordance with FDLE rule and be limited to the
following purposes:
The analysis of DNA samples collected under applicable legal authority using forensic
investigative genetic genealogy methods for solving violent crimes.
The analysis of DNA samples of unidentified human remains.
The bill requires each grant recipient to provide a report to the executive director of FDLE no later than
one year after receipt of funds under the grant program. The report must include all of the following:
The amount of funding received.
The number and type of cases pursued using forensic investigative genetic genealogy methods.
26
Supra note 2, at 12.
27
Supra note 17, at 3.
28
GEDmatch defines “violent crime” as murder, non-negligent manslaughter, aggravated rape, robbery, and aggravated assault. Supra
note 17, at 3.
29
Supra note 17, at 4.
30
Supra note 2, at 15.
31
FDLE, Forensic/Investigative Genetic Genealogy, https://www.fdle.state.fl.us/Forensics/Disciplines/Genetic-Genealogy.aspx (last
visited Mar. 5, 2024).
32
FDLE, Agency Analysis of 2024 House Bill 453, p. 2 (Dec. 22, 2023)(on file with the House Criminal Justice Subcommittee).
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The type of forensic investigative genetic genealogical methods used, including the name of the
laboratory to which such testing was outsourced, if any, and the identity of the entity conducting
any genetic genealogical research.
The result of the testing, such as decedent identification, perpetrator identification, or no
identification.
The amount of time it took to make an identification or to determine no identification could be
made.
The bill defines “forensic investigative genetic genealogy” to mean the combined application of
laboratory testing, genetic genealogy, and law enforcement investigative methods to develop
investigative leads in unsolved violent crimes and provide investigative leads as to the identity of
unidentified human remains. Such methods must be in accordance with department rule and
compatible with multiple genealogical databases that are available for law enforcement use for the
purposes described in s. 943.327, F.S. For purposes of the grant program created in s. 943.327, F.S.,
funding is intended to be used for developing genealogy DNA profiles consisting of 100,000 or more
markers.
Subject to the Governor’s veto powers, the effective date of this bill is July 1, 2024.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
The bill may have an indeterminate positive impact on state revenues as statewide law enforcement
agencies other than FDLE may receive grant funds.
2. Expenditures:
The bill appropriates a non-recurring sum of $500,000 for the 2024-2025 fiscal year from the
General Revenue Fund to FDLE for the Forensic Investigative Genetic Genealogy Grant Program.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
The bill may have an indeterminate positive impact on local government revenues to the extent that
some local law enforcement agencies and medical examiner’s offices may receive future grant
funding.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill may have an indeterminate positive impact on the private sector to the extent that the bill
authorizes recipients of grant funds to cover expenses related to using forensic investigative genetic
genealogy to generate investigative leads for specified criminal investigations, which may require
outsourcing to a private entity for certain DNA testing.
D. FISCAL COMMENTS:
None.
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