Florida Senate - 2021                                    SB 1140
       By Senator Rodrigues
       27-01195A-21                                          20211140__
    1                        A bill to be entitled                      
    2         An act relating to unlawful use of DNA; amending s.
    3         760.40, F.S.; prohibiting DNA analysis and disclosure
    4         of DNA analysis results without authorization;
    5         removing criminal penalties; creating s. 817.5655,
    6         F.S.; defining terms; prohibiting the collection or
    7         retention of a DNA sample of another person without
    8         authorization for specified purposes; prohibiting
    9         specified DNA analysis and disclosure of DNA analysis
   10         results without authorization; providing criminal
   11         penalties; providing exceptions; providing an
   12         effective date.
   14  Be It Enacted by the Legislature of the State of Florida:
   16         Section 1. Subsection (2) of section 760.40, Florida
   17  Statutes, is amended to read:
   18         760.40 Genetic testing; authorization informed consent;
   19  confidentiality; penalties; notice of use of results.—
   20         (2)(a)Except for purposes of criminal prosecution, except
   21  for purposes of determining paternity as provided in s. 409.256
   22  or s. 742.12(1), and except for purposes of acquiring specimens
   23  as provided in s. 943.325, DNA analysis may be performed only
   24  with authorization, as defined in s. 817.5655 the informed
   25  consent of the person to be tested, and the results of such DNA
   26  analysis, whether held by a public or private entity, are the
   27  exclusive property of the person tested, are confidential, and
   28  may not be disclosed without authorization the consent of the
   29  person tested. Such information held by a public entity is
   30  exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I
   31  of the State Constitution.
   32         (b)A person who violates paragraph (a) is guilty of a
   33  misdemeanor of the first degree, punishable as provided in s.
   34  775.082 or s. 775.083.
   35         Section 2. Section 817.5655, Florida Statutes, is created
   36  to read:
   37         817.5655Unlawful use of DNA; penalties; exceptions.—
   38         (1)As used in this section, the term:
   39         (a)“Authorization” means the informed and written consent
   40  of the person whose DNA is to be extracted or analyzed, or the
   41  informed and written consent of the person’s legal guardian or
   42  authorized representative.
   43         (b)“DNA analysis” means the medical and biological
   44  examination and analysis of a person to identify the presence
   45  and composition of genes in that person’s body. The term
   46  includes DNA typing and genetic testing.
   47         (c)“DNA sample” means any human biological specimen from
   48  which DNA can be extracted, or the DNA extracted from such
   49  specimen.
   50         (2)It is unlawful for a person to willfully, and without
   51  authorization, collect or retain another person’s DNA sample
   52  with the intent to perform DNA analysis. A person who violates
   53  this subsection commits a misdemeanor of the first degree,
   54  punishable as provided in s. 775.082 or s. 775.083.
   55         (3)It is unlawful for a person to willfully, and without
   56  authorization, submit another person’s DNA sample for DNA
   57  analysis or to conduct or procure the conducting of another
   58  person’s DNA analysis. A person who violates this subsection
   59  commits a felony of the third degree, punishable as provided in
   60  s. 775.082, s. 775.083 or s. 775.084.
   61         (4)It is unlawful for a person to willfully, and without
   62  authorization, disclose another person’s DNA analysis results to
   63  a third party. A person who violates this subsection commits a
   64  felony of the third degree, punishable as provided in s.
   65  775.082, s. 775.083 or s. 775.084.
   66         (5)Each instance of collection or retention, submission or
   67  analysis or disclosure in violation of this section constitutes
   68  a separate violation for which a separate penalty is authorized.
   69         (6)This section does not apply to a DNA sample, a DNA
   70  analysis, or the results of a DNA analysis used for the purposes
   71  of:
   72         (a)Criminal investigation or prosecution;
   73         (b)Determining paternity under s. 409.256 or s. 742.12(1);
   74  or
   75         (c)Performing any activity authorized under s. 943.325.
   76         Section 3. This act shall take effect October 1, 2021.