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A bill to be entitled

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An act relating to DNA testing; amending s. 943.325, F.S.;

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revising offenses for which a conviction requires the

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person convicted to provide biological specimens in

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specified circumstances; providing an effective date.

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

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     Section 1.  Subsection (1) of section 943.325, Florida

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Statutes, is amended to read:

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     943.325  Blood or other biological specimen testing for DNA

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analysis.--

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     (1)(a)  Any person who is convicted or was previously

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convicted in this state for any offense or attempted offense

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enumerated in paragraph (b), and any person who is transferred to

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this state under Article VII of the Interstate Compact on

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Juveniles, part XIII of chapter 985, who has committed or

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attempted to commit an offense similarly defined by the

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transferring state, who is either:

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     1.  Still incarcerated, or

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     2.  No longer incarcerated, or has never been incarcerated,

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yet is within the confines of the legal state boundaries and is

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on probation, community control, parole, conditional release,

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control release, or any other type of court-ordered supervision,

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shall be required to submit two specimens of blood or other

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biological specimens approved by the Department of Law

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Enforcement to a Department of Law Enforcement designated testing

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facility as directed by the department.

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     (b)1. Chapter 794, chapter 800, s. 782.04, s. 784.045, s.

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810.02, s. 812.133, or s. 812.135.

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     2. Effective July 1, 2002, and contingent upon specific

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appropriation, s. 812.13 or s. 812.131.

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     3. Effective July 1, 2003, and contingent upon specific

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appropriation, chapter 787 or s. 782.07.

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     4. Effective July 1, 2004, and contingent upon specific

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appropriation, any forcible felony, as described in s. 776.08,

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aggravated child abuse, as described in s. 827.03(2), aggravated

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abuse of an elderly person or a disabled adult, as described in

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s. 825.102(2), or any felony violation of chapter 790 involving

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the use or possession of a firearm.

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     1.5. Effective July 1, 2005, and contingent upon specific

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appropriation, Any felony offense.

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     2. Any misdemeanor violation of s. 784.048, s. 810.14, s.

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847.011, s. 847.013, s. 847.0135, or s. 877.26.

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     3. An offense that the court found at sentencing was

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committed for the purpose of benefiting, promoting, or furthering

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the interests of a criminal street gang as defined in s. 874.03.

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     (c)  As used in this section, the term "any person" includes

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both juveniles and adults committed to a county jail or committed

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to or under the supervision of the Department of Corrections or

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the Department of Juvenile Justice, including persons

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incarcerated in a private correctional institution operated under

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contract pursuant to s. 944.105.

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     (d)  Any person who was previously convicted in this state

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for any offense or attempted offense enumerated in paragraph (b)

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subparagraph (b)1., subparagraph (b)2., or subparagraph (b)3. and

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who is still incarcerated or in the custody of the Department of

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Juvenile Justice must submit, not less than 45 days before his or

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her presumptive date of release from such incarceration or

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commitment, two specimens of blood or other approved biological

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specimens as directed by the Department of Law Enforcement to a

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testing facility designated by the department.

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     Section 2.  This act shall take effect July 1, 2008.