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A bill to be entitled

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An act relating to DNA testing of arrested persons;

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amending s. 943.325, F.S.; requiring that persons who are

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arrested for certain specified violent and sexual offenses

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undergo blood or other biological specimen testing for DNA

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analysis; requiring that the arresting agency secure and

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transmit the blood or other biological specimen to the

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Department of Law Enforcement; providing that a medical

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institution and medical personnel authorized to draw blood

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are not civilly or criminally liable as a result of

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withdrawing blood specimens as required by the act;

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authorizing the department, a state attorney, or any law

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enforcement agency to apply to the circuit court for an

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order to take a person into custody if the person fails to

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provide the required specimens; requiring that an arrested

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person pay the costs of collecting the blood or other

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biological specimen; 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.  Subsections (1), (3), (10), (11), and (12) of

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section 943.325, Florida Statutes, are 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:

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1. Convicted or was previously convicted in this state for

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any offense or attempted offense enumerated in paragraph (b);,

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and any person who is

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2. Transferred to this state under Article VII of the

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Interstate Compact on Juveniles, part XIII of chapter 985, who

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has committed or attempted to commit an offense similarly defined

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by the transferring state, who is either:

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     a.1. Still incarcerated;, or

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

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incarcerated, yet is within the confines of the legal state

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boundaries and is on probation, community control, parole,

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conditional release, control release, or any other type of court-

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ordered supervision; or,

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     3. Arrested in this state for any offense or attempted

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offense enumerated in paragraph (b),

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

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appropriation, any felony offense.

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

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both juveniles and adults who are arrested or who are committed

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to a county jail or committed to or under the supervision of the

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Department of Corrections or the Department of Juvenile Justice,

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including persons incarcerated in a private correctional

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institution operated under 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 subparagraph

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(b)1., subparagraph (b)2., or subparagraph (b)3. and who is still

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incarcerated or in the custody of the Department of Juvenile

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

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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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     (3) Upon the arrest of a person for an offense specified in

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paragraph (1)(b), the arresting agency shall ensure that the

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blood specimens or other biological specimens required by this

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section are promptly secured and transmitted to the Department of

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Law Enforcement. Upon a conviction of any person for any offense

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under paragraph (1)(b) (1)(a) which results in the commitment of

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the offender to a county jail, correctional facility, or juvenile

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facility, the entity responsible for the facility shall ensure

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assure that the blood specimens or other biological specimens

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required by this section and approved by the Department of Law

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Enforcement are promptly secured and transmitted to the

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Department of Law Enforcement. Personnel at the jail,

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correctional facility, or juvenile facility shall collect the

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specimens as part of the regular processing of offenders

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committed to the jail or facility. If the person is not

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incarcerated following such conviction, the person may not be

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released from the custody of the court at the time of sentencing

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or released pursuant to a bond or surety until the blood

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specimens or other approved biological specimens required by this

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section have been taken by the sheriff or his or her designee.

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The sheriff shall secure, process, and transmit the specimens to

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the Department of Law Enforcement in a timely manner.

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     (10)(a)  The court shall include in the judgment of

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conviction for an offense specified in this section, or a finding

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that a person described in subsection (1) violated a condition of

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probation, community control, or any other court-ordered

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supervision, an order stating that blood specimens or other

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approved biological specimens are required to be drawn or

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collected by the appropriate agency in a manner consistent with

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this section and, unless the convicted person lacks the ability

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to pay, the person shall reimburse the appropriate agency for the

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cost of drawing and transmitting the blood specimens or

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collecting and transmitting other approved biological specimens

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to the Florida Department of Law Enforcement. The reimbursement

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payment may be deducted from any existing balance in the inmate's

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bank account. If the account balance is insufficient to cover the

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cost of drawing and transmitting the blood specimens or

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collecting and transmitting other approved biological specimens

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to the Florida Department of Law Enforcement, 50 percent of each

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deposit to the account must be withheld until the total amount

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owed has been paid. If the judgment places the convicted person

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on probation, community control, or any other court-ordered

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supervision, the court shall order the convicted person to submit

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to the drawing of the blood specimens or the collecting of other

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approved biological specimens as a condition of the probation,

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community control, or other court-ordered supervision. For the

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purposes of a person who is on probation, community control, or

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any other court-ordered supervision, the collection requirement

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must be based upon a court order, or as otherwise provided by the

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person in the absence of a court order. If the judgment sentences

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the convicted person to time served, the court shall order the

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convicted person to submit to the drawing of the blood specimens

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or the collecting of other approved biological specimens as a

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condition of such sentence.

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     (b)  The appropriate agency shall cause the specimens to be

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drawn or collected as soon as practical after an arrest or

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conviction but, in the case of any person ordered to serve a term

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of incarceration as part of the sentence, the specimen shall be

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drawn or collected as soon as practical after the receipt of the

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convicted person by the custodial facility. For the purpose of

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this section, the appropriate agency shall be the Department of

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Corrections whenever the convicted person is committed to the

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legal and physical custody of the department. Conviction

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information contained in the offender information system of the

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Department of Corrections shall be sufficient to determine

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applicability under this section. The appropriate agency shall be

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the sheriff or officer in charge of the county correctional

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facility whenever the convicted person is placed on probation,

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community control, or any other court-ordered supervision or form

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of supervised release or is committed to the legal and physical

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custody of a county correctional facility.

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     (c)  Any person previously convicted of an offense specified

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in this section, or a crime that which, if committed in this

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state, would be an offense specified in this section, and who is

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also subject to the registration requirement imposed by s.

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775.13, shall be subject to the collection requirement of this

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section when the appropriate agency described in this section

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verifies the identification information of the person. The

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collection requirement of this section does not apply to a person

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as described in s. 775.13(5).

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     (d) For the purposes of this section, conviction includes

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shall include a finding of guilty, or entry of a plea of nolo

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contendere or guilty, regardless of adjudication or, in the case

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of a juvenile, the finding of delinquency.

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     (e)  If necessary, the state or local law enforcement or

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correctional agency having authority over the person subject to

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the sampling under this section shall assist in the procedure.

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The law enforcement or correctional officer so assisting may use

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reasonable force if necessary to require such person to submit to

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the withdrawal of blood specimens or the collection of other

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approved biological specimens. Any such withdrawal or collection

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shall be performed in a reasonable manner. A hospital, clinical

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laboratory, medical clinic, or similar medical institution; a

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physician, certified paramedic, registered nurse, licensed

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practical nurse, or other personnel authorized by a hospital to

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draw blood; a licensed clinical laboratory director, supervisor,

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technologist, or technician; or any other person who assists a

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law enforcement officer is not civilly or criminally liable as a

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result of withdrawing blood specimens according to accepted

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medical standards when requested to do so by a law enforcement

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officer or any personnel of a jail, correctional facility, or

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juvenile detention facility, regardless of whether the arrested

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or convicted person resisted the drawing of blood specimens. A

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person other than the subject required to provide the biological

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specimens who collects or assists in the collection of approved

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specimens other than blood is not civilly or criminally liable if

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a collection kit provided by, or accepted by, the Department of

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Law Enforcement is used utilized and the collection is done in a

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manner approved by the department, as directed in the kit, or is

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performed in an otherwise reasonable manner.

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     (f)  If a judgment fails to order the convicted person to

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submit to the drawing of the blood specimens or the collecting of

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other approved biological specimens as mandated by this section,

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the state attorney may seek an amended order from the sentencing

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court mandating the submission of blood specimens or other

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approved biological specimens in compliance with this section. As

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an alternative, the department, a state attorney, the Department

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of Corrections, or any law enforcement agency may seek a court

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order to secure the blood specimens or other approved biological

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specimens as authorized in subsection (11).

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     (11)  If the Department of Law Enforcement determines that

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an arrested or a convicted person who is required to submit blood

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specimens or other approved biological specimens under this

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section has not provided the specimens, the department, a state

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attorney, or any law enforcement agency may apply to the circuit

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court for an order that authorizes taking the arrested or

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convicted person into custody for the purpose of securing the

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required specimens. The court shall issue the order upon a

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showing of probable cause. Following issuance of the order, the

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arrested or convicted person shall be transported to a location

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acceptable to the agency that has custody of the person, the

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blood specimens or other approved biological specimens shall be

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withdrawn or collected in a reasonable manner, and the person

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shall be released if there is no other reason to justify

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retaining the person in custody. An agency acting under authority

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of an order under this section may, in lieu of transporting the

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arrested or convicted person to a collection site, secure the

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blood specimens or other approved biological specimens at the

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location of the arrested or convicted person in a reasonable

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manner. If the arrested or convicted person resists providing the

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specimens, reasonable force may be used utilized to secure the

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specimens and any person using utilizing such force to secure the

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specimens or reasonably assisting in the securing of the

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specimens is not civilly or criminally liable for actions taken.

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The agency that takes the arrested or convicted person into

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custody may, but is not required to, transport the person back to

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the location where the person was taken into custody.

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     (12) Unless the arrested or convicted person has been

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declared indigent by the court, the arrested or convicted person

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shall pay the actual costs of collecting the blood specimens or

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other approved biological specimens required under this section.

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