House Bill 0603
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Florida House of Representatives - 2000 HB 603
By Representative Hafner
1 A bill to be entitled
2 An act relating to blood specimen testing;
3 amending s. 943.325, F.S.; requiring persons
4 convicted of burglary to submit blood specimens
5 for DNA analysis; providing an effective date.
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7 Be It Enacted by the Legislature of the State of Florida:
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9 Section 1. Paragraph (a) of subsection (1) of section
10 943.325, Florida Statutes, is amended to read:
11 943.325 Blood specimen testing for DNA analysis.--
12 (1)(a) Any person convicted, or who was previously
13 convicted and is still incarcerated, in this state for any
14 offense or attempted offense defined in chapter 794, chapter
15 800, s. 782.04, s. 784.045, s. 810.02, s. 812.133, or s.
16 812.135, and who is within the confines of the legal state
17 boundaries, shall be required to submit two specimens of blood
18 to a Department of Law Enforcement designated testing facility
19 as directed by the department.
20 (b) For the purpose of this section, the term "any
21 person" shall include both juveniles and adults committed to
22 or under the supervision of the Department of Corrections or
23 the Department of Juvenile Justice or committed to a county
24 jail.
25 (3) Upon a conviction of any person for any offense
26 under paragraph (1)(a) which results in the commitment of the
27 offender to a county jail, correctional facility, or juvenile
28 facility, the entity responsible for the facility shall assure
29 that the blood specimens required by this section are promptly
30 secured and transmitted to the Department of Law Enforcement.
31 If the person is not incarcerated following such conviction,
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Florida House of Representatives - 2000 HB 603
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1 the person may not be released from the custody of the court
2 or released pursuant to a bond or surety until the blood
3 specimens required by this section have been taken. The chief
4 judge of each circuit shall, in conjunction with the sheriff
5 or other entity that maintains the county jail, assure
6 implementation of a method to promptly collect required blood
7 specimens and forward the specimens to the Department of Law
8 Enforcement. The Department of Law Enforcement, in conjunction
9 with the sheriff, the courts, the Department of Corrections,
10 and the Department of Juvenile Justice, shall develop a
11 statewide protocol for securing the blood specimens of any
12 person required to provide specimens under this section.
13 Personnel at the jail, correctional facility, or juvenile
14 facility shall implement the protocol as part of the regular
15 processing of offenders.
16 (9) The Department of Law Enforcement shall:
17 (a) Receive, process, and store blood samples and the
18 data derived therefrom furnished pursuant to subsection (1) or
19 pursuant to a requirement of supervision imposed by the court
20 or the Parole Commission with respect to a person convicted of
21 any offense specified in subsection (1).
22 (10)(a) The court shall include in the judgment of
23 conviction for an offense specified in this section, or a
24 finding that a person described in subsection (1) violated a
25 condition of probation, community control, or any other
26 court-ordered supervision, an order stating that blood
27 specimens are required to be drawn by the appropriate agency
28 in a manner consistent with this section and, unless the
29 convicted person lacks the ability to pay, the person shall
30 reimburse the appropriate agency for the cost of drawing and
31 transmitting the blood specimens to the Florida Department of
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Florida House of Representatives - 2000 HB 603
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1 Law Enforcement. The reimbursement payment may be deducted
2 from any existing balance in the inmates's bank account. If
3 the account balance is insufficient to cover the cost of
4 drawing and transmitting the blood specimens to the Florida
5 Department of Law Enforcement, 50 percent of each deposit to
6 the account must be withheld until the total amount owed has
7 been paid. If the judgment places the convicted person on
8 probation, community control, or any other court-ordered
9 supervision, the court shall order the convicted person to
10 submit to the drawing of the blood specimens as a condition of
11 the probation, community control, or other court-ordered
12 supervision. For the purposes of a person who is on
13 probation, community control, or any other court-ordered
14 supervision, the collection requirement must be based upon a
15 court order. If the judgment sentences the convicted person
16 to time served, the court shall order the convicted person to
17 submit to the drawing of the blood specimens as a condition of
18 such sentence.
19 Section 2. This act shall take effect October 1, 1999.
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22 HOUSE SUMMARY
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Requires persons convicted of burglary under s. 810.02,
24 F.S., to submit blood specimens for DNA analysis.
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