Florida Senate - 2021 SENATOR AMENDMENT
Bill No. CS/HB 833, 1st Eng.
Ì481276;Î481276
LEGISLATIVE ACTION
Senate . House
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Senator Rodrigues moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. This act may be cited as the “Protecting DNA
6 Privacy Act.”
7 Section 2. Subsections (1) and (2) of section 760.40,
8 Florida Statutes, are amended to read:
9 760.40 Genetic testing; definitions; express informed
10 consent required; confidentiality; penalties; notice of use of
11 results.—
12 (1) As used in this section, the term:
13 (a) “DNA analysis” means the medical and biological
14 examination and analysis of a person’s DNA person to identify
15 the presence and composition of genes in that person’s body. The
16 term includes DNA typing and genetic testing.
17 (b) “DNA sample” means any human biological specimen from
18 which DNA can be extracted or the DNA extracted from such
19 specimen.
20 (c) “Exclusive property” means the right of the person
21 whose DNA has been extracted or analyzed to exercise control
22 over his or her DNA sample and any results of his or her DNA
23 analysis with regard to the collection, use, retention,
24 maintenance, disclosure, or destruction of such sample or
25 analysis results.
26 (d) “Express consent” means authorization by the person
27 whose DNA is to be extracted or analyzed, or such person’s legal
28 guardian or authorized representative, evidenced by an
29 affirmative action demonstrating an intentional decision, after
30 the person receives a clear and prominent disclosure regarding
31 the manner of collection, use, retention, maintenance, or
32 disclosure of a DNA sample or results of a DNA analysis for a
33 specified purpose.
34 (2)(a) Except as provided in s. 817.5655, a person or
35 entity may only perform for purposes of criminal prosecution,
36 except for purposes of determining paternity as provided in s.
37 409.256 or s. 742.12(1), and except for purposes of acquiring
38 specimens as provided in s. 943.325, DNA analysis may be
39 performed only with express the informed consent. of the person
40 to be tested, and The results of such DNA analysis, whether held
41 by a public or private entity, are the exclusive property of the
42 person tested, are confidential, and may not be disclosed
43 without express the consent of the person tested. Such
44 information held by a public entity is exempt from the
45 provisions of s. 119.07(1) and s. 24(a), Art. I of the State
46 Constitution.
47 (b) A person who violates paragraph (a) is guilty of a
48 misdemeanor of the first degree, punishable as provided in s.
49 775.082 or s. 775.083.
50 Section 3. Section 817.5655, Florida Statutes, is created
51 to read:
52 817.5655 Unlawful use of DNA; penalties; exceptions.—
53 (1) As used in this section, the terms “DNA analysis,” “DNA
54 sample,” and “express consent” have the same meanings as in s.
55 760.40(1)(a), (b), and (d), respectively.
56 (2) It is unlawful for a person to willfully, and without
57 express consent, collect or retain another person’s DNA sample
58 with the intent to perform DNA analysis. A person who violates
59 this subsection commits a misdemeanor of the first degree,
60 punishable as provided in s. 775.082 or s. 775.083.
61 (3) It is unlawful for a person to willfully, and without
62 express consent, submit another person’s DNA sample for DNA
63 analysis or conduct or procure the conducting of another
64 person’s DNA analysis. A person who violates this subsection
65 commits a felony of the third degree, punishable as provided in
66 s. 775.082, s. 775.083, or s. 775.084.
67 (4) It is unlawful for a person to willfully, and without
68 express consent, disclose another person’s DNA analysis results
69 to a third party. A person who violates this subsection commits
70 a felony of the third degree, punishable as provided in s.
71 775.082, s. 775.083, or 775.084. A person who discloses another
72 person’s DNA analysis results that were previously voluntarily
73 disclosed by the person whose DNA was analyzed, or such person’s
74 legal guardian or authorized representative, does not violate
75 this subsection.
76 (5) It is unlawful for a person to willfully, and without
77 express consent, sell or otherwise transfer another person’s DNA
78 sample or the results of another person’s DNA analysis to a
79 third party, regardless of whether the DNA sample was originally
80 collected, retained, or analyzed with express consent. A person
81 who violates this subsection commits a felony of the second
82 degree, punishable as provided in s. 775.082, s. 775.083, or s.
83 775.084.
84 (6) Each instance of collection or retention, submission or
85 analysis, or disclosure in violation of this section constitutes
86 a separate violation for which a separate penalty is authorized.
87 (7) This section does not apply to a DNA sample, a DNA
88 analysis, or the results of a DNA analysis used for the purposes
89 of:
90 (a) Criminal investigation or prosecution;
91 (b) Complying with a subpoena, summons, or other lawful
92 court order;
93 (c) Complying with federal law;
94 (d) Medical diagnosis and treatment of a patient when:
95 1. Express consent for clinical laboratory analysis of the
96 DNA sample was obtained by the health care practitioner who
97 collected the DNA sample; or
98 2. Performed by a clinical laboratory certified by the
99 Centers for Medicare and Medicaid Services;
100 (e) The newborn screening program established in s. 383.14;
101 (f) Determining paternity under s. 409.256 or s. 742.12(1);
102 or
103 (g) Performing any activity authorized under s. 943.325.
104 Section 4. This act shall take effect October 1, 2021.
105
106 ================= T I T L E A M E N D M E N T ================
107 And the title is amended as follows:
108 Delete everything before the enacting clause
109 and insert:
110 A bill to be entitled
111 An act relating to unlawful use of DNA; providing a
112 short title; amending s. 760.40, F.S.; providing
113 definitions; prohibiting DNA analysis and disclosure
114 of DNA analysis results without express consent;
115 providing applicability; removing criminal penalties;
116 creating s. 817.5655, F.S.; prohibiting the collection
117 or retention of a DNA sample of another person without
118 express consent for specified purposes; prohibiting
119 specified DNA analysis and disclosure of DNA analysis
120 results without express consent; providing an
121 exception; providing criminal penalties; providing
122 exceptions; providing an effective date.