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 678
INTRODUCER: Criminal Justice Committee and Senator Bradley
SUBJECT: Forensic Investigative Genetic Genealogy Grants
DATE: January 17, 2024
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Cellon Stokes CJ Fav/CS
2. ACJ
3. FP
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 678 creates the Forensic Investigative Genetic Genealogy Grant Program within the
Florida Department of Law Enforcement (FDLE). The purpose of the program is to award grants
to statewide and local law enforcement agencies or medical examiner’s offices to support local
agencies in the processing of DNA samples.
The FDLE will annually award to law enforcement agencies or medical examiner’s offices funds
specially appropriated for the grant program to cover expenses related to using forensic genetic
genealogy methods to generate investigative leads for criminal investigations or identifying
unidentified human remains.
The term “investigative genetic genealogy” means the combined application of laboratory
testing, genetic genealogy, and law enforcement investigative techniques 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. Grant funding is
intended for developing genealogy DNA profiles consisting of 100,000 or more markers.
Grants may be used in accordance with FDLE rule to:
Analyze DNA samples collected under applicable legal authority using forensic genetic
genealogy methods for solving violent crimes.
Analyze unidentified human remains.
REVISED: BILL: CS/SB 678 Page 2
Grant recipients must provide a report to the FDLE executive director no later than one year after
receiving the funding. The report must include:
The amount of annual funding received;
The number and type of cases pursued using forensic genetic genealogical DNA analysis;
The type of forensic genetic genealogical methods used, including the name of the laboratory
to which such testing is 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; and
The amount of time it took to make an identification or to determine no identification could
be made.
The FDLE may adopt rules to implement and administer the grant program, and to allocate
funds.
The bill becomes effective July 1, 2024.
The FDLE does not anticipate a significant fiscal impact from this bill unless county forensic
laboratories seek assistance with any additional requests for services. See Section V. Fiscal
Impact Statement.
II. Present Situation:
Current Florida Law
Section 119.071(2)(r)2., F.S., makes investigative genetic genealogy information and materials
held by an agency before, on, or after July 1, 2023, confidential and exempt from s. 119.07(1),
F.S., and s. 24(a), Art. I of the State Constitution.
1
As defined in s. 119.071(2)(r), F.S., “investigative genetic genealogy information and materials”
means the information, records, and genetic profiles created or collected by or on behalf of a law
enforcement agency conducting investigative genetic genealogy research.
2
It includes any names
and personal identifying information or identifiers of individuals determined through the use of
genealogy databases, traditional genealogical methods, or other investigative means.
3
The term
does not include the name or personal identifying information of the donor of a biological
sample attributable to a perpetrator; or a person identified through investigative genetic
genealogy who is a witness to or has personal knowledge related to the crime under
investigation.
4
“Investigative genetic genealogy” means the application of genetic genealogy and law
enforcement investigative techniques to develop investigative leads in unsolved violent crimes
1
Chapter 2023-235, L.O.F.
2
Section 119.071(2)(r)1.d., F.S.
3
Id.
4
Section 119.071(2)(r)1.d. (I) and (II), F.S. BILL: CS/SB 678 Page 3
and provide investigative leads as to the identity of unidentified human remains and living
unidentified missing persons.
5
The term “genetic genealogy” means the use of DNA testing in combination with traditional
genealogical methods to infer relationships between persons and determine ancestry.
6
“Traditional genealogical methods” means the use of genealogical databases and historical
records to trace the family lineage of a person.
7
“DNA record” means all information associated
with the collection and analysis of a person's DNA sample, including the distinguishing
characteristics collectively referred to as a DNA profile, and includes a single nucleotide
polymorphism and a whole genome sequencing DNA profile.
8
A law enforcement agency may disclose investigative genetic genealogy information and
materials in furtherance of its official duties and responsibilities or to another governmental
agency in the furtherance of its official duties and responsibilities.
9
A law enforcement agency must disclose investigative genetic genealogy information and
materials pursuant to a court order for furtherance of a criminal prosecution. If a court orders the
disclosure of such information and materials, the recipient of the information and materials must
maintain the confidential and exempt status of the information and materials and may only
publicly disclose the information and materials as necessary for purposes of a criminal
prosecution as determined by the court.
10
Catching the Golden State Killer Using Consumer DNA Testing Database
A Florida-based genealogy website called GEDmatch that allows users to voluntarily share their
genetic profiles for free provided information that led investigators to the “Golden State Killer”
who had eluded law enforcement since 1976.
11
The website revealed a distant relative and that
information helped lead authorities to the man suspected of conducting a reign of terror up and
down California, including 12 homicides, 45 rapes, and more than 100 residential burglaries
between 1976 and 1986.
12
The man subsequently pleaded guilty to 13 counts of first-degree
murder and special circumstances (including murder committed during burglaries and rapes), as
well as 13 counts of kidnapping.
13
5
Section 119.071(2)(r)1.c., F.S.
6
Section 119.071(2)(r)1.b., F.S.
7
Section 119.071(2)(r)1.e., F.S.
8
Section 119.071(2)(r)1.a., F.S.
9
Section 119.071(2)(r)3.a., F.S.
10
Section 119.071(2)(r)3.b., F.S.
11
Los Angeles Times, The untold story of how the Golden State Killer was found: A covert operation and private DNA, Paige
St. John, December 8, 2020, available at https://www.latimes.com/california/story/2020-12-08/man-in-the-window, (last
visited January 9, 2024).
12
Id.
13
CNN News, “Hearing details ghastly crimes of Golden State Killer as he pleads guilty to killings,” Elliott C. McLaughlin,
Stella Chan, June 29, 2020, available at https://www.cnn.com/2020/06/29/us/golden-state-killer-plea-
expected/index.html#:~:text=DeAngelo%20pleaded%20guilty%20to%2013,as%2013%20counts%20of%20kidnapping, (last
visited January 9, 2024). BILL: CS/SB 678 Page 4
The Florida Department of Law Enforcement Forensic/Investigative Genetic Genealogy
Program
The FDLE Genetic Genealogy team currently provides investigative leads to investigators based
on DNA matches to relatives found in public genealogy databases.
14
The team includes experts
in genetic genealogy, analytical research, forensics, and investigations who work with local law
enforcement agencies.
15
In its first year, the program helped identify four suspects, solving cases
that were more than a decade old.
16
III. Effect of Proposed Changes:
The bill creates the Forensic Investigative Genetic Genealogy Grant Program within the FDLE.
The purpose of the program is to award grants to law enforcement agencies or medical
examiner’s offices to support local agencies in the processing of DNA samples.
The FDLE will annually award to statewide and local law enforcement agencies and medical
examiner’s offices any funds specially appropriated for the grant program to cover expenses
related to using forensic investigative genetic genealogy methods to generate investigative leads
for criminal investigations of violent crimes and to aid in the identification of unidentified human
remains.
The term “investigative genetic genealogy” means the combined application of laboratory
testing, genetic genealogy, and law enforcement investigative techniques 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. Grant funding is
intended for developing genealogy DNA profiles consisting of 100,000 or more markers.
Grants may be used, in accordance with FDLE rule, to:
Analyze DNA samples collected under applicable legal authority using forensic genetic
genealogy methods for solving violent crimes.
Analyze DNA samples of unidentified human remains.
Grant recipients must provide a report to the FDLE executive director no later than one year after
receiving the funding. The report must include:
The amount of annual funding received;
The number and type of cases pursued using investigative genetic genealogy methods;
The type of forensic investigative genetic genealogical methods used, including the name of
the laboratory to which such testing is 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; and
14
Florida Department of Law Enforcement, News, FDLE Genetic Genealogy Investigations program solves cold cases in
first year, available at https://www.fdle.state.fl.us/News/2019/October/FDLE-Genetic-Genealogy-Investigations-program-
solv, (last visited January 9, 2024).
15
Id.
16
Id. BILL: CS/SB 678 Page 5
The amount of time it took to make an identification or to determine no identification could
be made.
The FDLE may adopt rules pursuant to s. 120.536(1) and s. 120.54, F.S., to implement and
administer the requirements in the bill, and to allocate funds.
The bill becomes effective July 1, 2024.
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:
The FDLE does not anticipate a significant fiscal impact from this bill since cases within
the FDLE jurisdiction are currently subjected to DNA analysis to determine which
samples are good sources of DNA for forensic investigative genetic genealogy (FIGG)
testing. This “preliminary” testing means that the bill should not result in an increase in
laboratory requests for services. The FDLE suggests that county labs may experience BILL: CS/SB 678 Page 6
increased requests for services as a result of the bill. If the county labs cannot meet
additional demands, the FDLE may experience higher volumes of examination requests.
17
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill creates section 943.327 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 16, 2024:
The committee substitute:
Changes the name of the grant program to the Forensic Investigative Genetic
Genealogy Grant Program.
Defines the term investigative genetic genealogy and sets forth specified scientific
requirements for participation in the grant program.
Provides that any specially appropriated grant funds may be used by statewide and
local law enforcement agencies and medical examiner’s offices to cover expenses
associated with DNA analysis used to generate investigative leads for criminal
investigations of violent crimes and to aid in the identification of unidentified human
remains.
Requires that grant recipients report specified facts and program analysis to the FDLE
executive director, including the type of forensic investigative genetic genealogical
methods used, no later than 1 year after receiving funding.
Conveys rulemaking authority to FDLE to implement and administer the program and
to allocate funds.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
17
Florida Department of Law Enforcement, 2024 FDLE Legislative Bill Analysis, December 5, 2023. (on file with the Senate
Criminal Justice Committee).