Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. SB 2276
       
       
       
       
       
       
                                Barcode 524656                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: FAV            .                                
                  04/01/2009           .                                
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       The Committee on Criminal Justice (Villalobos) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 358 and 359
    4  insert:
    5         (15) Unless the department determines that a person is
    6  otherwise required by law to submit a DNA sample for inclusion
    7  in the statewide DNA database, the department shall, upon
    8  receipt and completion of such verification of the information
    9  noted below as may be required, promptly remove from the
   10  statewide DNA database the DNA analysis and any DNA biological
   11  samples that may have been retained of a person included
   12  therein:
   13         (a) on the basis of a conviction for a qualifying offense
   14  specified in (2)(g)1., if the department receives, from the
   15  person seeking removal of DNA information from the statewide DNA
   16  database, for each qualifying offense, a certified copy of a
   17  final court order establishing that such conviction has been
   18  overturned on direct appeal or set aside in a postconviction
   19  proceeding; or
   20         (b) on the basis of an arrest, if the department receives,
   21  from the person seeking removal of DNA information from the
   22  statewide DNA database, for each charge against the person on
   23  the basis of which the analysis was or could have been included
   24  in the statewide DNA database, a certified copy of the No
   25  Information or Nolle Prosequi filed by the state attorney, or
   26  final court order or other official documentation establishing
   27  that such charge has been dismissed or has resulted in an
   28  acquittal or that no charge was filed within the applicable time
   29  period.
   30  
   31  For purposes of this section, a court order is not final if time
   32  remains for an appeal or application for discretionary review
   33  with respect to the order, or if a case has been remanded for
   34  retrial or other proceedings and has not been resolved after
   35  remand, or time remains for appeal or discretionary review of
   36  the remanded case or any other such proceedings that have not
   37  concluded and rendered the case resolved with finality.
   38         (16) The department shall, by rule, establish the procedure
   39  by which a person seeking removal of his or her DNA analysis and
   40  biological sample from the statewide DNA database shall submit
   41  the certified information required in subsection (15) to the
   42  department.
   43  
   44  ================= T I T L E A M E N D M E N T ================
   45         And the title is amended as follows:
   46         Between lines 43 and 44
   47  insert:
   48  providing circumstances that require removal of the DNA analysis
   49  and DNA sample from the statewide DNA database of a person whose
   50  DNA analysis and sample was included in the database as a result
   51  of a conviction for a qualifying offense; providing
   52  circumstances that require removal of the DNA analysis and DNA
   53  sample from the statewide DNA database of a person whose DNA
   54  analysis and sample was included in the database as a result of
   55  arrest; providing the Department of Law Enforcement procedural
   56  rulemaking authority related to the implementation of the
   57  removal of DNA analyses and samples from the statewide DNA
   58  database; providing