Is your Sheriff’s Office trying to collect your DNA?
We are being notified by Members across the state that their Sheriff’s offices are either contacting them to come in and provide a DNA sample or, in some cases, even showing up at their doorstep to collect DNA!
Upon information and belief, the FDLE has sent letters or emails instructing all Sheriff agencies to collect DNA samples (i.e., “Project DNA”) from specific individuals listed on the Sex Offender Registry. It is unclear under what authority the FDLE can collect DNA from individuals whose offense dates are prior to the dates set forth in F.S. 943.325.
FAC has put in a public information request to the FDLE to ascertain this information.
In the meantime, some registrants have been told that providing DNA is voluntary. Other registrants have consulted with an attorney and been advised NOT to volunteer for the collection of DNA unless they come with a court order compelling them to provide the sample.
We will continue to update you as more information comes in.
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I too, was contacted by phone by a Volusia County detective, requesting me to come in for a DNA sample. My offense was back in 1993. It was indicated to me by the detective that it was voluntary. However if I refused, FDLE would obtain a court order to obtain my DNA. It is confusing to understand why I have to participate in this after 26 years after the offense. Part of my plea agreement, which was adjudication withheld was not a requirement to give a DNA sample 26 years after the fact.
Bob
No one has mentioned worrying about what happened to previously taken DNA Samples. ARE THEY LOST ?
I am worried about what happened.
Law enforment PPL are supposed to keep a “CHAIN OF CUSTODY” document which lawfully tracks where your sample is at any given time. DOES FDLE follow these procedures? Where are my past DNA Samples. Can FDLE tell me if they have lost them.?
There is an interesting article published by the Florida Senate regarding ” Evidence Preservation for Postsencing DNA Testing – Reassessing Current Stautatary Requirements in Section FS 925.11″
link
https://www.flsenate.gov/UserContent/Session/2011/Publications/InterimReports/pdf/2011-112cj.pdf
It discusses the issues of DNA collection and retention.