FDLE Confirms DNA Collection is VOLUNTARY
The FDLE has responded to our Public Information Request concerning the collection of DNA and confirmed that for any sexual offenders/predators who DO NOT currently fall under the criteria as outlined in F.S. 943.325, the collection of the DNA is voluntary.
If you do not meet the criteria outlined below, you DO NOT need to consent to the collection of your DNA. If an officer threatens to arrest you if you do not volunteer to submit to the collection of your DNA, let us know.
F.S. 943.325, includes those qualifying offenders who are:
• Committed to a county jail;
• Committed to or under the supervision of the Department of Corrections, including persons incarcerated in a private correctional institution operated under contract pursuant to s. 944.105;
• Committed to or under the supervision of the Department of Juvenile Justice;
• Transferred to this state under the Interstate Compact on Juveniles, part XIII of chapter 985; or
• Accepted under Article IV of the Interstate Corrections Compact, part III of chapter 941; and who is:
o Convicted of any felony offense or attempted felony offense in this state or of a similar offense in another jurisdiction;
o Convicted of a misdemeanor violation of s. 784.048, s. 810.14, s. 847.011,s. 847.013, s.847.0135, or s. 877.26, or an offense that was found, pursuant to s. 874.04, to have been committed for the purpose of benefiting, promoting, or furthering the interests of a criminal gang as defined in s. 874.03; or
o Arrested for any felony offense or attempted felony offense in this state.
Discover more from Florida Action Committee (FAC)
Subscribe to get the latest posts sent to your email.
So I was arrested in 2013 for CP and they never took my DNA and once the SPOT officer came to the house “Not saying this was a volunteer sample”, since I didn’t have anything to hide, I gave them my dam DNA, can I get the officer in trouble since she said “they never took my sample in court when I was arraigned” and they need it now. Or did I just f*** up and handed them my DNA…this is bulls*** and I just see that other states are handling business and getting laws thrown out and we seem to just be going backwards and letting the State of FL keep on f***ing us….Cant we just join together and protest the hell out of Tallahassee in mass numbers just like the old days and forced them to make change…Can we just get every SO in the state to sign a petition for change…I mean something has to be done and yet nothing is being done to make an impact….WE NEED TO MAKE AN IMPACT!!!!
So, if you have a felony sex offense from 1991 but were released from prison in 1999 and are not on probation anymore, you do not need to give a DNA sample, correct?
I don’t understand the how it is voluntary ” when all sex offenders and predators have a felony conviction. Did you actually read the conditions FAC, or am I missing something?
Please read the rule, “Convicted of and felony offense or attempted felony offense in this state or of a similar offense in another jurisdiction;”
How is this voluntary when most members are all convicted felons?
newly convicted – not old convictions.
But for those who ARE on probation, whether state or Federal, if the sheriff requests a DNA sample, then – ?
If you are on probation or newly arrested count on giving the sample.
If you’ve not been newly arrested and are not on probation – no need to volunteer.
Only if it was part of your sentencing or if the law required it at sentencing.
This is weird. I was under court order to submit a sample and it was drawn when I got to DOC in 2000. Again after I was released on Probation in 2002 I was demanded to obtain testing and pay for it and provide it to DOC Probations office. So now this is saying that they can demand it again? I think I will be refusing them this time. DNA does not change and they already have mine twice. I have complied with the Court’s order twice. Order doesn’t say I Have to do it repeatedly. SMH
You don’t have to – that’s the point. If you don’t want to volunteer, don’t
So…pretty much everybody…Great
No – if you are not on probation, you are not arrested you don’t have to volunteer.
I do have a felony conviction in Florida, however, I think all the references to having to submit to a DNA test in the statute are referring to registrants from other states moving here. Is that correct?
This is exactly what I needed to get clarified. Thank you! I will not volunteer. period.
Thanks again.