Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. SB 1402
       
       
       
       
       
       
                                Ì1084288Î108428                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/05/2023           .                                
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       The Committee on Governmental Oversight and Accountability
       (Martin) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 21 - 104
    4  and insert:
    5         a. “DNA record” means all information associated with the
    6  collection and analysis of a person’s DNA sample, including the
    7  distinguishing characteristics collectively referred to as a DNA
    8  profile, and includes a single nucleotide polymorphism and a
    9  whole genome sequencing DNA profile.
   10         b. “Genetic genealogy” means the use of DNA testing in
   11  combination with traditional genealogical methods to infer
   12  relationships between persons and determine ancestry.
   13         c. “Investigative genetic genealogy” means the application
   14  of genetic genealogy and law enforcement investigative
   15  techniques to develop investigative leads in unsolved violent
   16  crimes and provide investigative leads as to the identity of
   17  unidentified human remains and living unidentified missing
   18  persons.
   19         d. “Investigative genetic genealogy information and
   20  materials” means the information, records, and DNA records
   21  created or collected by or on behalf of a law enforcement agency
   22  conducting investigative genetic genealogy research, and
   23  includes the names and personal identifying information of
   24  persons identified through the use of genealogy databases,
   25  traditional genealogical methods, or other investigative means.
   26  The term does not include the name or personal identifying
   27  information of:
   28         (I) The donor of a biological sample attributable to a
   29  perpetrator; or
   30         (II) A person identified through investigative genetic
   31  genealogy who is a witness to or has personal knowledge related
   32  to the crime under investigation.
   33         e. “Traditional genealogical methods” means the use of
   34  genealogical databases and historical records to trace the
   35  family lineage of a person.
   36         2. Investigative genetic genealogy information and
   37  materials are confidential and exempt from s. 119.07(1) and s.
   38  24(a), Art. I of the State Constitution.
   39         3. Notwithstanding subparagraph 2., a law enforcement
   40  agency:
   41         a. May disclose investigative genetic genealogy information
   42  and materials in furtherance of its official duties and
   43  responsibilities or to another governmental agency in the
   44  furtherance of its official duties and responsibilities.
   45         b. Shall disclose investigative genetic genealogy
   46  information and materials pursuant to a court order for the
   47  furtherance of a criminal prosecution. If a court orders the
   48  disclosure of such information and materials, the recipient of
   49  the information and materials must maintain the confidential and
   50  exempt status of the information and materials and may only
   51  publicly disclose the information and materials as necessary for
   52  purposes of a criminal prosecution as determined by the court.
   53         4. The exemption in this paragraph applies to investigative
   54  genetic genealogy information and materials held by an agency
   55  before, on, or after July 1, 2023.
   56         5. This paragraph is subject to the Open Government Sunset
   57  Review Act in accordance with s. 119.15 and shall stand repealed
   58  on October 2, 2028, unless reviewed and saved from repeal
   59  through reenactment by the Legislature.
   60         Section 2. The Legislature finds that it is a public
   61  necessity that investigative genetic genealogy information and
   62  materials be made
   63  
   64  ================= T I T L E  A M E N D M E N T ================
   65  And the title is amended as follows:
   66         Delete lines 5 - 7
   67  and insert:
   68         genetic genealogy information and materials;
   69         authorizing and requiring the disclosure of such
   70         information and materials under certain circumstances;
   71         providing for