This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1105z.DOCX
DATE: 5/1/2023
HOUSE OF REPRESENTATIVES STAFF FINAL BILL ANALYSIS
BILL #: CS/HB 1105 Rapid DNA Grant Program
SPONSOR(S): Judiciary Committee, Temple and others
TIED BILLS: IDEN./SIM. BILLS: CS/SB 1140
FINAL HOUSE FLOOR ACTION: 111 Y’s
0 N’s GOVERNOR’S ACTION: Pending
SUMMARY ANALYSIS
CS/HB 1105 passed the House on April 20, 2023, and subsequently passed the Senate on May 1, 2023.
The statewide DNA database assists law enforcement agencies in the identification and detection of
individuals in criminal investigations and the identification and location of missing and unidentified persons.
The Florida Department of Law Enforcement (FDLE) administers the statewide DNA database, which contains
DNA samples submitted by persons convicted of or arrested for felony offenses and specified misdemeanor
offenses and is capable of classifying, matching, and storing analyses of such DNA samples and related data.
Currently, all DNA samples collected in a jail setting are forwarded to FDLE for analysis prior to being entered
into the statewide DNA database and being submitted to the FBI’s Combined DNA Index System (CODIS).
According to the Florida Sheriffs Association, DNA testing of an arrestee can take weeks or months to process
due to the nature of the testing and the current backlog of submissions.
CODIS is the general term used to describe the FBI’s program of support for local, state, and national criminal
justice DNA databases, as well as the software used to run such databases. The National DNA Index System
(NDIS) is the national level component of CODIS and contains DNA profiles contributed by federal, state, and
local participating forensic laboratories, which enables law enforcement to exchange and compare DNA
profiles electronically in an attempt to link a crime or a series of crimes to each other or to a known offender.
Rapid DNA is the fully-automated process of generating a DNA profile from a person’s buccal swab in less
than two hours, without the need for human intervention or review. Rapid DNA systems allow county jails and
sheriffs’ offices to submit qualifying arrestee DNA profiles directly to the CODIS database during the booking
process, completely bypassing the need for FDLE review and analysis. In order for a law enforcement agency
to input a DNA profile from an approved Rapid DNA system into CODIS, an agency’s systems must have
certain information technology capabilities, such as Live Scan integration, criminal history information
integration, and automated qualifying offense integration.
The bill creates s. 943.324, F.S., to establish the Rapid DNA Grant Program within FDLE to annually award
grants, from funds specifically appropriated to the grant program, to county jails or sheriffs’ offices to procure
Rapid DNA machines and other necessary supplies required to rapidly process DNA samples in support of the
statewide DNA database under s. 943.325, F.S. The bill authorizes FDLE to establish criteria and set specific
time periods for the acceptance of applications and for the selection process for awarding grant funds.
The bill may have an indeterminate positive fiscal impact on local governments as certain county jails and
sheriffs’ offices may receive grant funds.
Subject to the Governor’s veto powers, the effective date of this bill is July 1, 2023.
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I. SUBSTANTIVE INFORMATION
A. EFFECT OF CHANGES:
Background
Statewide DNA Database
Deoxyribonucleic acid (DNA) is hereditary material existing in the cells of all living organisms. A DNA
profile may be created by testing the DNA in a person’s cells. Similar to fingerprints, a person’s DNA
profile is a unique identifier, except for identical twins, who have the exact same DNA profile. DNA
evidence may be collected from any biological material, such as hair, teeth, bones, skin cells, blood,
semen, saliva, urine, feces, and other bodily substances.
1
The statewide DNA database was established in 1989
2
to assist law enforcement agencies in the
identification and detection of individuals in criminal investigations and the identification and location of
missing and unidentified persons. The Florida Department of Law Enforcement (FDLE) administers the
statewide DNA database, which is capable of classifying, matching, and storing analyses of DNA and
other biological molecules and related data.
3
DNA Sample Collection and Analysis
Multiple agencies share the responsibility of collecting DNA samples
4
from qualifying offenders,
including the Florida Department of Corrections (DOC), the Florida Department of Juvenile Justice
(DJJ), sheriffs’ offices, and county correctional facilities.
5
Qualifying offenders include both juveniles and adults who are:
Committed to a county jail;
Committed to or under the supervision of DOC or DJJ;
Convicted of specified misdemeanor offenses; or
Convicted of or arrested for any felony offense or attempted felony offense.
6
A qualifying offender is required to submit a DNA sample for inclusion in the statewide database if he or
she is:
Arrested or incarcerated in Florida; or
On probation, community control, parole, conditional release, control release, or any other type
of court-ordered supervision.
7
An arrested offender must submit a DNA sample at the time he or she is booked into a jail, correctional
facility, or juvenile facility.
8
An incarcerated person and a juvenile in the custody of DJJ must submit a
DNA sample at least 45 days before his or her presumptive release date.
9
The statewide database may contain DNA data obtained from the following types of biological samples:
Crime scene samples.
Samples required by law to be obtained from qualifying offenders.
1
FindLaw, How DNA Evidence Works, https://criminal.findlaw.com/criminal-procedure/how-dna-evidence-works.html (last visited Apr.
11, 2023).
2
Ch. 89-335, Laws of Fla.
3
S. 943.325(4), F.S.
4
“DNA sample” means a buccal or other approved biological specimen capable of undergoing DNA analysis. S. 943.325(2)(f), F.S.
5
FDLE, DNA Database, https://www.fdle.state.fl.us/Forensics/Disciplines/DNA-Database (last visited Apr. 11, 2023).
6
S. 943.325(2)(g), F.S.
7
S. 943.325(7), F.S.
8
S. 943.325(7)(b), F.S.
9
S. 943.325(7)(c), F.S.
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Samples lawfully obtained during the course of a criminal investigation, including those from
deceased victims or deceased suspects.
Samples from unidentified human remains.
Samples from persons reported missing.
Samples voluntarily contributed by relatives of missing persons.
Other samples approved by FDLE.
10
The collection of DNA samples may be performed by any person using a collection kit approved by
FDLE as directed in the kit or pursuant to other procedures approved by or acceptable to FDLE.
11
After
collection, the DNA samples are forwarded to FDLE for analysis to determine genetic markers and
characteristics for the purpose of individual identification of the person from whom the sample was
taken.
12
According to the Florida Sheriffs Association, DNA testing of an arrestee can take weeks or
months to process due to the nature of the testing and the current backlog of submissions.
13
When an analysis is complete it is entered into the statewide DNA database.
14
The analysis results
allow for the comparison of DNA from unresolved cases to the DNA of both known offenders and that
from other unresolved cases in an attempt to identify the perpetrator.
15
All accredited local government
crime laboratories in Florida have access to the statewide DNA database in accordance with rules and
agreements established by FDLE.
16
FDLE specifies database procedures to maintain compliance with national quality assurance standards
to ensure that DNA records will be accepted into the National DNA Index System. Results of any DNA
analysis may only be released to criminal justice agencies.
17
Otherwise, the information is confidential
and exempt from s. 119.07(1), F.S., and art. I, s. 24(a), of the Florida Constitution.
18
State Funding
DNA samples collected from persons arrested for any felony offense or attempted felony offense are
subject to sufficient funding appropriations.
19
Additionally, a convicted qualifying offender must pay the
actual costs of collecting the approved DNA sample, unless he or she is declared indigent by the
court.
20
FBI’s Combined DNA Index System (CODIS)
The most common form of DNA analysis used to match samples and test for identification in forensic
laboratories analyzes only certain parts of DNA, known as short tandem repeats or satellite tandem
repeats (STRs).
21
In the early 1990s, the Federal Bureau of Investigation (FBI) chose 13 STRs as the
basis for a DNA identification profile, and the 13 STRs became known as the Combined DNA Index
System (CODIS).
22
CODIS is now the general term used to describe the FBI’s program of support for
10
S. 943.325(6), F.S.
11
Fla. Admin. Code. R. 11D-6.001 and 11D-6.003.
12
S. 943.325(10-11), F.S.
13
Florida Sheriffs Association, Funding for Rapid DNA Systems in County Jails (on file with the Criminal Justice Subcommittee).
14
S. 943.325(13)(c), F.S.
15
FDLE, Submission FAQ DNA Database, https://www.fdle.state.fl.us/Forensics/Submission-FAQ/DNA-Database (last visited Apr. 11,
2023).
16
S. 943.325(4), F.S.
17
Criminal justice agencies include the court, the Florida Department of Law Enforcement, the Department of Juvenile Justice,
components of the Department of Children and Families, components of the Department of Financial Services, and other governmental
agencies that administrate criminal justice. S. 943.045(11), F.S.
18
S. 943.325(14), F.S.
19
S. 943.325(3)(b), F.S.
20
S. 943.325(12)(a), F.S.
21
Kelly Lowenberg, Applying the Fourth Amendment when DNA Collected for One Purpose is Tested for Another, 79 U. Cin. L. Rev.
1289, 1293 (2011), https://law.stanford.edu/wp-content/uploads/2011/11/APPLYING-THE-FOURTH-AMENDMENT-WHEN-DNA-
COLLECTED-FOR-ONE-PURPOSE.pdf (last visited Apr. 11, 2023).
22
Id.
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local, state, and national criminal justice DNA databases, as well as the software used to run these
databases.
23
National DNA Index System (NDIS)
The DNA Identification Act of 1994 (DNA Act)
24
authorized the government to establish a National DNA
Index, and in 1998 the National DNA Index System (NDIS) was established. NDIS is the national level
component of CODIS and contains DNA profiles contributed by federal, state, and local participating
forensic laboratories,
25
enabling law enforcement to exchange and compare DNA profiles electronically
in an attempt to link a crime or a series of crimes to each other or to a known offender. If a match is
identified, the laboratories involved exchange information to verify the match and establish coordination
between the two agencies. This match can provide probable cause for law enforcement to obtain a
warrant to collect a biological reference sample from an offender. A laboratory can then perform DNA
analysis on the known biological sample and present the analysis as evidence in court.
26
A state seeking to participate in NDIS must sign a memorandum of understanding with the FBI
agreeing to the DNA Act’s requirements, including record-keeping requirements and other procedures.
To submit a DNA record to NDIS, a participating laboratory must adhere to federal law regarding
expungement
27
procedures, and the DNA sample must:
Be generated in compliance with the FBI Director’s Quality Assurance Standards;
Be generated by an accredited and approved laboratory;
Be generated by a laboratory that undergoes an external audit every two years to demonstrate
compliance with the FBI Director’s Quality Assurance Standards;
Be from an acceptable data category, such as:
o Convicted offender;
o Arrestee;
o Detainee;
o Forensic case;
o Unidentified human remains;
o Missing person; or
o Relative of a missing person.
Meet minimum CODIS requirements for the specimen category; and
Be generated using an approved kit.
28
Rapid DNA
Rapid DNA is the fully-automated process of generating a DNA profile from a person’s buccal swab in
less than two hours, without the need for human intervention or review.
29
Rapid DNA systems allow
states to submit qualifying arrestee DNA profiles directly to the CODIS database during the booking
process, which allows the arrestee’s DNA profile to be immediately searched against DNA profiles from
23
FBI, Frequently Asked Questions on CODIS and NDIS, https://www.fbi.gov/services/laboratory/biometric-analysis/codis/codis-and-
ndis-fact-sheet (last visited Apr. 11, 2023).
24
34 U.S.C. § 12592.
25
All 50 states, the District of Columbia, the federal government, the U.S. Army Criminal Investigation Laboratory, and Puerto Rico
participate in NDIS. Supra note 23.
26
Supra note 23.
27
See 34 U.S.C. § 12592(d)(2)(A)(i-ii) (requiring states to expunge a DNA record when a conviction is overturned or a charge is
dismissed, results in an acquittal, or when no charge is filed).
28
Supra note 23.
29
FBI, Rapid DNA Executive Summary – FBI’s Vision of Rapid DNA, https://www.fbi.gov/file-repository/rapid-dna-executive-summary-
9-25-17-final.pdf/view (last visited Apr. 11, 2023).
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unsolved crimes of special concern.
30
The Wants and Warrants system will immediately send a
message involving any exact DNA matches to the booking and investigative agencies. Searches
against other unsolved crimes not designated as special concern will be conducted per normal CODIS
operation and match notifications will follow the existing CODIS process. In order for a law enforcement
agency to input a DNA profile from an approved Rapid DNA system into CODIS, an agency’s systems
must have certain information technology capabilities, such as Live Scan integration, criminal history
information integration, and automated qualifying offense integration.
31
Rapid DNA systems are not
authorized, however, for use on crime scene samples. Crime scene DNA samples must be processed
by an accredited forensic DNA laboratory that follows the FBI Quality Assurance Standards to be
eligible for upload and search in the CODIS system.
32
In 2020, Florida was selected by the FBI, along with four other states, to participate in the Rapid DNA
pilot project. FDLE’s technology was approved by the FBI and at the time Florida was the only
participating state utilizing a fully-automated process. The FBI used data from this project to establish
national standards for Rapid DNA.
33
Effect of the Bill
The bill creates s. 943.324, F.S., to establish the Rapid DNA Grant Program within FDLE to annually
award grants, from funds specifically appropriated to the grant program, to county jails or sheriffs’
offices to procure Rapid DNA machines and other necessary supplies required to rapidly process DNA
samples in support of the statewide DNA database under s. 943.325, F.S.
The bill authorizes FDLE to establish criteria and set specific time periods for the acceptance of
applications and for the selection process for awarding grant funds.
Subject to the Governor’s veto powers, the effective date of this bill is July 1, 2023.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
The bill may have an indeterminate positive fiscal impact on local governments as certain county
jails and sheriffs’ offices may receive grant funds.
30
Unsolved crimes of special concern are crimes involving a significant public safety threat and are determined by state-wide policies.
Supra note 29.
31
FBI, Booking Station Rapid DNA and Combined DNA Index System (CODIS), https://le.fbi.gov/science-and-lab-resources/biometrics-
and-fingerprints/codis/rapid-dna (last visited Apr. 11, 2023).
32
Supra note 29.
33
FDLE, FDLE, LCSO unveils nation’s first automated rapid DNA collection, https://www.fdle.state.fl.us/News/2020/February/FDLE,-
LCSO-unveils-nation%E2%80%99s-first-automated-
rapid#:~:text=Florida%E2%80%99s%20Pilot%3A%20Florida%20is%20one%20of%20five%20sta tes,pilots%20to%20establish%20natio
nal%20standards%20for%20Rapid%20DNA. (last visited Apr. 11, 2023).
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2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill may have an indeterminate positive impact on the private sector as the bill authorizes FDLE to
grant funds to county jails and sheriffs’ offices for the purchase of Rapid DNA machines and other
necessary supplies, which may be purchased from a private entity.
D. FISCAL COMMENTS:
None.