The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Criminal Justice
BILL: CS/SB 350
INTRODUCER: Criminal Justice Committee and Senator Osgood and others
SUBJECT: Cold Case Murders
DATE: January 31, 2024
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Wyant Stokes CJ Fav/CS
2. ACJ
3. FP
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 350 creates s. 782.41, F.S., to require law enforcement agencies to review certain cold
cases upon receiving a written application from a designated person if the murder occurred on or
after January 1, 1970. The bill provides definitions for terms used in this section such as “cold
case,” “designated person,” and “probative lead.”
The bill provides criteria for the review of a cold case, and requires a law enforcement agency to
conduct a full reinvestigation if the review concludes that a reinvestigation may result in
previously unidentified probative leads or in the identification of a likely perpetrator.
The bill requires each law enforcement agency to develop a written application. The head of each
law enforcement agency must adopt procedures by July 1, 2025. Law enforcement employees
and officers must be trained on the procedures. The bill requires the law enforcement agency to
issue a confirmation of receipt of the written application. A cold case that does not meet the
specifications may be denied and a written explanation be given to the designated person.
A review must take place no later than 1 year after receipt of a written application but allows a
one-time only 6 month extension if the law enforcement agency finds that the number of cases to
review makes compliance with this time limit impracticable without diverting resources from
other law enforcement activities.
REVISED: BILL: CS/SB 350 Page 2
The bill requires each law enforcement agency to submit a report by October 1, 2025, and at
least quarterly thereafter to the Global Forensic and Justice Center at Florida International
University. The bill requires the Global Forensic and Justice Center to establish and maintain a
case tracking system and provides criteria for such system. The Global Forensic and Justice
Center must include a list of resources for persons who have submitted an application which
must include system-based and community-based cold case advocacy services.
The bill requires law enforcement agencies to coordinate a review or reinvestigation if more than
one agency conducted the initial investigation of a cold case, and prohibits a full reinvestigation
to be conducted solely by the person who previously investigated the murder. The bill provides
limitations to reinvestigations.
The bill allows for a law enforcement agency to request, in writing, investigative assistance from
the Department of Law Enforcement to complete a cold case review or reinvestigation.
The bill is titled the “Decker-Backmann Act.”
The bill may have an indeterminate fiscal impact. See Section V. Fiscal Impact Statement.
The bill is effective July 1, 2025.
II. Present Situation:
Experience has shown that cold case programs can solve a substantial number of violent crime
cold cases. Advances in DNA technologies have substantially increased the successful DNA
analysis of aged, degraded, limited, or otherwise compromised biological evidence. As a result,
crime scene samples once thought to be unsuitable for testing may now yield DNA profiles.
1
The Cold Case Advisory Commission, under the Florida Sheriff’s Association, meets quarterly
to discuss strategies and hear cold case murder presentations from submitting law enforcement
agencies. When cases are presented, advice regarding investigative steps and legal strategy may
be offered to the case officer.
2
The Commission is comprised of the following members:
A Chair, who is a sheriff, appointed by the president;
Two Vice-Chairs, who are sheriffs, appointed by the Chair;
A medical examiner;
A medical examiner investigator;
A DNA scientist;
12 homicide investigators, crime scene techs, and other specialists;
An assistant statewide prosecutor;
1
See National Institute of Justice, Cold Case Investigations, available at https://nij.ojp.gov/topics/law-
enforcement/investigations/cold-case-investigations (Last accessed January 25, 2024).
2
See Florida Sheriff’s Associations, Cold Case Advisory Commission, available at https://www.flsheriffs.org/law-
enforcement-programs/cold-case-review-advisory-
commission#:~:text=To%20respond%20to%20this%20need,from%20submitting%20law%20enforcement%20agencies (Last
accessed January 25, 2024.) BILL: CS/SB 350 Page 3
A state attorney;
A representative from the Attorney General’s Office;
An FDLE Missing and Endangered Persons Information Clearinghouse representative;
A Florida Department of Corrections representative;
An FDLE Florida Fusion Center representative;
A forensic anthropologist;
A judge;
A legal advisor;
An FDLE Office of Statewide Intelligence representative; and
A citizen.
3
Currently there is no state-wide procedure in statute regarding cold cases.
III. Effect of Proposed Changes:
The bill creates s. 782.41, F.S., to require law enforcement agencies to review certain cold cases
upon receiving a written application from a designated person if the murder occurred on or after
January 1, 1970.
The bill provides definitions for cold case,
4
designated person,
5
immediate family member,
6
law
enforcement agency,
7
murder,
8
probative lead,
9
and victim.
10
The bill provides criteria for the review of a cold case. A law enforcement agency must conduct
a full reinvestigation if the review concludes that a reinvestigation may result in previously
unidentified probative leads or in the identification of a likely perpetrator.
A review must include:
An analysis of any investigative procedures that may have been absent or missed in the initial
investigation;
An assessment of whether witnesses should be interviewed or reinterviewed;
An examination of physical evidence to determine whether all appropriate forensic testing
and analyses were performed in the initial investigation and whether additional testing might
produce relevant information; and,
3
Id.
4
“Cold case” means a murder for which no likely perpetrator has been identified and was committed more than 5 years
before the date of the application requesting a review submitted by a designated person, that was previously investigated by a
law enforcement agency, and for which all probative leads have been exhausted.
5
“Designated person” means an immediate family member or an immediate family member’s designated legal
representative, which representative must be a member in good standing of The Florida Bar.
6
“Immediate family member” means a parent, parent-in-law, grandparent, grandparent-in-law, sibling, spouse, child, or
stepchild of a victim, or any person who exercised in loco parentis control over such victim younger than 18 years of age at
the time of the murder.
7
“Law enforcement agency” means the law enforcement agency having jurisdiction at the time of the murder.
8
“Murder” means any criminal offense provided under s. 782.04, s. 782.071, or s. 782.072, F.S.
9
“Probative lead” means evidence that is sufficiently useful to prove an element of the crime and that was not identified or
determined as part of the previous investigation by a law enforcement agency.
10
“Victim” means an individual who was murdered and whose case has been designated as a cold case. BILL: CS/SB 350 Page 4
An update of the case file using the most current investigative standards, if such standards
may help develop probative leads.
The bill prohibits a full reinvestigation to be conducted solely by the person who previously
investigated the murder, and limits reinvestigations to only one full reinvestigation undertaken at
any time with respect to the same victim. If a full reinvestigation is completed and a likely
perpetrator is not identified, an additional review or full investigation is not required to be
undertaken for a period of 5 years beginning from the date of the conclusion of the
reinvestigation, unless materially significant evidence is discovered.
The bill requires each law enforcement agency to develop a written application. The head of each
law enforcement agency must adopt procedures by July 1, 2025. The bill requires law
enforcement employees and officers to be trained on the procedures.
The law enforcement agency must issue a confirmation of receipt of the written application.
11
A
cold case that does not meet the specifications may be denied and a written explanation be given
to the designated person.
The bill provides a review must take place no later than 1 year after receipt of a written
application but allows a one-time only 6 month extension if the law enforcement agency finds
that the number of cases to review makes compliance with this time limit impracticable without
diverting resources from other law enforcement activities. If extended, the agency must provide
notice and explanation of its reasoning for the extension to the designated person.
Each law enforcement agency must submit a report by October 1, 2025, and at least quarterly
thereafter to the Global Forensic and Justice Center at Florida International University. The bill
requires the Global Forensic and Justice Center to establish and maintain a case tracking system
and provides criteria for such system. The Global Forensic and Justice Center must include a list
of resources for persons who have submitted an application which must include system-based
and community-based cold case advocacy services.
The bill requires law enforcement agencies to coordinate a review or reinvestigation if more than
one agency conducted the initial investigation of a cold case.
The bill provides the operation of such is subject to the availability of funds specifically
appropriated by the Legislature or other relevant political subdivision of this state.
The bill allows for a law enforcement agency to request, in writing, investigative assistance from
the Department of Law Enforcement to complete a cold case review or reinvestigation.
The bill is titled the “Decker-Backmann Act.”
The bill is effective July 1, 2025.
11
Confirmations must include a description of the process for submitting a complaint to, and contact information for, the law
enforcement agency’s unit responsible for internal investigations involving allegations of misconduct. BILL: CS/SB 350 Page 5
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None identified.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
Florida Department of Law Enforcement (FDLE) indicated additional positions and
resources will be needed to comply with the new requirements of the bill. At a minimum,
the forensic laboratory will be impacted for additional reviews for each case. FDLE has
estimated an expenditure of $4,195,924 ($2,453,026 recurring funds).
12
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
12
See FDLE, 2024 Legislative Bill Analysis SB 350, (on file with the Senate committee on Criminal Justice). BILL: CS/SB 350 Page 6
VIII. Statutes Affected:
This bill creates section 782.41 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Substantial Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Criminal Justice on January 30, 2024:
The committee substitute:
Clarifies the definition of “law enforcement agency” is the agency having jurisdiction
at the time of the murder.
Removes a restriction for additional case reviews within 5 years of the last
reinvestigation.
Removes the requirement that a case that did not meet the criteria for a cold case be
denied.
Requires the Global Forensic and Justice Center to create and publish a list of
resources for immediate family members or designated persons who have submitted
an application, which must include system-based and community-based cold case
advocacy services.
Allows for a law enforcement agency to request, in writing, investigative assistance
from the Department of Law Enforcement to complete a cold case review or
reinvestigation.
Removes language authorizing a medical examiner to issue a death certificate with a
nonspecific cause of death and manner of murder if the medical examiner determines
that the release of such information would not hinder the investigation.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.