Senate Bill sb0270

    Florida Senate - 2001                                   SB 270

    By Senator Silver





    38-336-01

  1                      A bill to be entitled

  2         An act relating to public records; exempting

  3         from public records disclosure the results of

  4         DNA testing and analysis of blood samples

  5         provided by persons arrested for felonies;

  6         prescribing entities to whom results may be

  7         disclosed; providing for destruction of such

  8         records in specified circumstances; providing

  9         for future legislative review and repeal;

10         providing a finding of public necessity;

11         providing an effective date.

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13  Be It Enacted by the Legislature of the State of Florida:

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15         Section 1.  The results of a DNA analysis performed

16  pursuant to section 943.3255, Florida Statutes, and the

17  comparison of analytic results may be released only to law

18  enforcement agencies, to criminal justice agencies as defined

19  in section 943.045, Florida Statutes, and to the attorney of

20  the person tested. Otherwise, such information is confidential

21  and exempt from the provisions of section 119.07(1), Florida

22  Statutes, and section 24(a), Article I of the State

23  Constitution. If the person tested is not convicted of the

24  offense for which he or she was arrested or of another felony

25  arising from the same criminal episode, all results of the DNA

26  analysis shall be destroyed. This section is subject to the

27  Open Government Sunset Review Act of 1995 in accordance with

28  section 119.15, Florida Statutes, and shall stand repealed on

29  October 2, 2006, unless reviewed and saved from repeal through

30  reenactment by the Legislature.

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                   SB 270
    38-336-01




  1         Section 2.  The Legislature finds that exempting from

  2  the public records law the results of a DNA analysis and any

  3  comparison of the analytic results is a public necessity in

  4  that the harm of releasing such information outweighs any

  5  public benefit derived from releasing such information.

  6  Uncontrolled dissemination of the results could result in

  7  unscientific or unscrupulous "matches" which could be used to

  8  challenge or confuse investigative or judicial findings, thus

  9  hindering the effective and efficient administration of the

10  Department of Law Enforcement in completing criminal

11  investigations. Further, destruction of such records in cases

12  in which there is no felony conviction protects the privacy of

13  persons not so convicted. In addition, removal of the

14  protection afforded this information could jeopardize the

15  department's access to the national DNA analysis database,

16  thus hindering the effective and efficient administration of

17  future investigations.

18         Section 3.  This act shall take effect October 1, 2001.

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21                          SENATE SUMMARY

22    Exempts the results of DNA tests and test analyses from
      blood samples provided by persons arrested for felonies
23    from public records disclosure. Requires the destruction
      of test results when a person tested is not convicted of
24    the felony for which he or she was arrested or of another
      felony arising from the same criminal episode.
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CODING: Words stricken are deletions; words underlined are additions.