The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Appropriations Committee on Criminal and Civil Justice
BILL: SB 1072
INTRODUCER: Senator McClain
SUBJECT: Expedited DNA Testing Grant Program
DATE: April 9, 2025
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Cellon Stokes CJ Favorable
2. Kolich Harkness ACJ Favorable
3. FP
I. Summary:
SB 1072 creates the Expedited DNA Testing Grant Program within the Florida Department of
Law Enforcement (FDLE) to award grants to law enforcement agencies for the processing of
DNA samples at private laboratories. The bill requires FDLE to annually award any funds
specifically appropriated for the grant program to law enforcement agencies to cover testing of
DNA samples by specified private laboratories when:
• The technology or technique needed to properly test the evidence or DNA sample is not
readily available at a local or state laboratory; or
• When expedited testing of the DNA sample is in the agency’s judgment, justice is best served
by expedited processing and testing.
An agency receiving grant funds must submit a report to the executive director of FDLE no later
than one year after receiving grant funding, including specified information.
The FDLE must adopt rules to implement and administer the grant program.
Grant awards to support the program are subject to appropriation. See Section V., Fiscal Impact
Statement.
The bill takes effect July 1, 2025.
II. Present Situation:
FBI’s Combined DNA Index System (CODIS)
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
REVISED: BILL: SB 1072 Page 2
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
Historically, 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 (STRs).
2
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).
3
CODIS is now 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 these databases.
4
When a suspect’s identity is unknown, a participating crime laboratory may upload a forensic
profile into CODIS to compare against additional DNA profiles uploaded by other federal, state,
or local participating laboratories. 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.
5
ISO/IEC 17025:2017
The International Organization for Standardization (ISO) is a worldwide federation consisting of
technical committees that work with governmental and nongovernmental organizations to
prepare standards related to technology and manufacturing.
6
ISO and the International
Electrotechnical Commission (IEC) develop joint ISO/IEC documents to provide uniform
guidelines in each subject for which a technical committee has been established, including
technical committees that establish international standards for DNA laboratories.
7
ISO/IEC standards for DNA laboratories outline requirements related to:
• Personnel;
• Facilities and environmental conditions;
• Equipment;
• Selection, verification, and validation of methods;
• Ensuring the validity of results; and
• Reporting results.
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1
FindLaw, How DNA Evidence Works (last visited April 2, 2025).
2
Kelly Lowenberg, Applying the Fourth Amendment when DNA Collected for One Purpose is Tested for Another, 79 U. Cin.
L. Rev. 1289, 1293 (2011), available at https://law.stanford.edu/wp-content/uploads/2011/11/APPLYING-THE-FOURTH-
AMENDMENT -WHEN-DNA-COLLECTED-FOR-ONE-PURPOSE.pdf (last visited March 28, 2025).
3
Id.
4
FBI, Frequently Asked Questions on CODIS and NDIS (last visited April 2, 2025).
5
Id.
6
International Standard, ISO/IEC 17025:2017 - General Requirements for the Competence of Testing and Calibration
Laboratories (last visited March 28 2025).
7
Id.
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Id. BILL: SB 1072 Page 3
Federal Bureau of Investigation Quality Assurance Standards
The FBI provides quality assurance requirements that laboratories performing forensic DNA
testing or utilizing the CODIS must follow.
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These standards ensure the quality and integrity of
the data generated by the laboratory and apply to:
• Forensic DNA testing laboratories using Rapid DNA instruments/Systems on casework
reference samples.
• Vendor laboratories that perform forensic DNA testing in accordance with specified
standards.
10
The FBI standards also require laboratories to establish, follow, and maintain quality assurance
systems that include elements related to:
• Goals and objectives;
• Organization and management;
• Personnel;
• Training;
• Facilities and evidence control;
• Validation;
• Analytical procedures;
• Equipment;
• Reports;
• Review;
• Proficiency testing;
• Corrective action;
• Audits;
• Professional development; and
• Outsourcing ownership.
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Additionally, each laboratory must:
• Have and develop a policy regarding document retention that specifically addresses
proficiency tests, corrective action, audits, training records, continuing education, case files,
and court testimony monitoring;
• Annually review each quality assurance system related to DNA; and
• Annually review case files that are a representative sample of cases worked.
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III. Effect of Proposed Changes:
The bill creates the Expedited DNA Testing Grant Program within the FDLE to award grants to
law enforcement agencies for the processing of evidentiary items for DNA testing. FDLE must
annually award any funds specifically appropriated for the grant program to law enforcement
agencies to cover testing of DNA samples by private laboratories. The bill defines a “private lab”
9
FBI, Quality Assurance Standards for Forensic DNA Testing Laboratories (last visited April 2, 2025).
10
Id. Additionally, FBI standards do not preclude the participation of a laboratory, by itself or in collaboration with others, in
research and development on procedures that have not been validated.
11
Id.
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Id. BILL: SB 1072 Page 4
as any DNA laboratory accredited pursuant to ISO/IEC 17025:2017 of the International
Organization for Standardization and FBI Quality Assurance Standards.
Under the bill, grants may be used by a law enforcement agency when:
• The technology or technique needed to properly test the DNA sample is not readily available
at a local or state laboratory; and
• In the law enforcement agency's judgment, expedited testing of the DNA sample is in the
best interest of advancing an investigation.
The bill requires each grant recipient to provide a report to the executive director of FDLE no
later than one year after receiving grant funding that details the:
• Amount of annual funding received from the grant;
• Number of cases tested by the private laboratory;
• Type of DNA testing used, including the name of the private laboratory to which such testing
was outsourced and the type of equipment used by the private laboratory for such testing;
• The results of the DNA testing; and
• Average amount of time it took to make each such identification.
The bill takes effect July 1, 2025.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
The bill does not appear to require cities and counties to expend funds or limit their
authority to raise revenue or state-shared revenues as specified by Article VII, s. 18 of the
State Constitution.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None. BILL: SB 1072 Page 5
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
The bill may have an indeterminate positive impact on the private sector to the extent that
the bill authorizes recipients of grant funds to pay for expenses related to using certain
DNA testing, which may require outsourcing to a private entity. Any such impact is
subject to legislative appropriation.
C. Government Sector Impact:
Grant awards to support the program are subject to appropriation; the bill does not
appropriate funds for the grant program. FDLE is unable to predict workload and the
personnel required to implement and manage the grant program.
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VI. Technical Deficiencies:
None.
VII. Related Issues:
Requirements for the outsourcing of DNA samples are contained in Standard 17 of the FBI
Quality Assurance Standards for Forensic DNA Testing and DNA Databasing Laboratories. For
law enforcement agencies seeking to outsource offender and/or casework samples, the technical
specifications of the outsourcing agreement must have the prior approval of the technical leader
of the NDIS participating laboratory that will be entering that DNA data into CODIS. At a
minimum, the outsourced laboratory must follow the FBI’s Quality Assurance Standards and be
accredited.
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Standard 17 of the Quality Assurance Standards also requires the completion of an on-site visit
of the vendor laboratory prior to the beginning of the outsourced analyses and a technical review
of the outsourced DNA records by the NDIS participating laboratory. Please refer to the FBI’s
Quality Assurance Standards for Forensic DNA Testing and DNA Databasing Laboratories for
additional information concerning the use of contract employees to perform the technical review
of DNA records.
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VIII. Statutes Affected:
This bill creates section 943.328 of the Florida Statutes.
13
Florida Department of Law Enforcement, 2025 Bill Analysis SB 1072 Expedited DNA Testing Grant Program.
14
Frequently Asked Questions on CODIS and NDIS, the Federal Bureau of Investigation; available at
https://www.fbi.gov/how-we-can-help-you/dna-fingerprint-act-of-2005-expungement-policy/codis-and-ndis-fact-
sheet#CODIS; (last visited March 28, 2025).
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Id. BILL: SB 1072 Page 6
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.