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.
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.
ALERT DNA UPDATE (ORANGE COUNTY)
FYI: I was contacted by phone on Tuesday by a Orange County Detective that he needed to immediately come over my house and do a DNA Test! 30 minutes later he was in my home. He conducted the normal Swab Test as well as Fingerprinting and signing of 2 forms which gave my consent to the tests. At that time he told that offenders that do not consent will be detained for blood tests. He was discreet and in plain clothes. Upon leaving he said this: “If you could tell me what the FDLE does, please do! My case was 1992… I had in the past never taken a DNA test at least that I remember. JEV
So he threatened you with detention and arrest if you didn’t volunteer?
If anyone was detained and given a blood test, please let us know. We would love to kickstart that lawsuit!
It looks like to me that its simply possible they have either lost or corrupted the dna from a certain segment of offenders. It looks like cases from the late 1990’s. That is also wen my case was from. Its possible they are just trying to get the lost dna back into the database. Thats an intetesting scenario for them though. How do they get it back without violating our rights? Play mean cop or nice cop? It looks like they are trying both methods. They were nice to me about it and told me up front it was voluntary.
Reply to MT.
There are strict procedures that agencies have to follow to keep track of DNA. Its would be BS for them to claim that they lost DNA and have to regather it. Its a customary procedure to keep a “Chain of CUSTODY” document which is signed by each person who has this custody.
Does anyone know what the repercussions are for agencies to just loose track of DNA?
I am truly AMAZED and apalled that the state of Florida that claims that the SUNSHINE LAWS provide transparency in government while they are covertly running the DNA collection program without any mention of it in the press or on the internet or even in the FDLE site.
There seems to be an agenda within Florida that is trying to pass more laws to make it easier to arrest and put us in prison or make us move out of state.
The DNA collection scheme is evidence of nefarious actors within the Florida Law enforcement community.
The New house bill requiring notification of intent to stay in public housing establishments is further evidence of an attempt at rea arresting and punishing registrants even more. I for one view all of these ridiculous laws as lifetime probation.
Correct me if I’m wrong, but according to the Paragraph 3(a) of the statute:
(3) COLLECTION OF SAMPLES.—
(a) Each qualifying offender shall submit a DNA sample at the time he or she is booked into a jail, correctional facility, or juvenile facility.
It appears, for those not under any sanctions, that the language is strictly forward-looking from the time of its enactment; i.e, “shall submit at” (booked into jail, etc.).
YES, you are correct – otherwise it’s VOLUNTARY.
For clarification, they are not asking every person for a DNA sample. FDLE provided a list of those missing samples in the FDLE database. I understand in Volusia County there were about 30 persons identified and majority of those were cases from 1995-1996 timeframe. If those individuals completed sanctions some 20 years ago….they should be submitting petition to be removed from the registry!
FAC i will be in 6 years if the expost facto challenge fails. Technically i am under the JW act and the moved the goal post in me 3 times
In 1998, a man claiming to be with FDLE knocked on my door, did the badge flip, and proceeded to tell me he was there to collect my DNA. My question to him was “where is your warrant from a circuit court judge” that would provide him with the authority to collect my DNA? The agent stated that he did not have one but that he was there to collect it anyway. Without a warrant I informed him he would not be getting a sample to which he replied he would be back tomorrow with that warrant. I wished him a good day and that I will see him tomorrow, he never returned. Know your rights or get played by those who do.
Gave mine about the Time my P.O. said I’d be on Registry for ten years, Twenty years ago! Now I have Lifetime compliance’ s evey time the Legislature goes into session
Upon further research it appears that this law has passed at a Federal level for use by the F.B.I.
see attcahed link
https://www.congress.gov/congressional-report/115th-congress/house-report/117/1?overview=closed
I posted about this once already but to recap when i last re-registered in nassau county i was asked to provide a dna swab. I was told by the deputy that it was something new that fdle was doing. He then told me that it was voluntary. So i declined. I have been registering there for over ten years so definately out of the ordinary.
The law appears to give booking offices access to the national DNA database. It allows the sheriffs office to use their shiny new rapid DNA machines to upload samples directly to the national database. I’m sure the sheriffs are anxious to put them to use. And I’m sure some corporation is raking in the profits. However there is no mention of who must submit a sample.
I thought I was being targted a week ago when the VOLUSIA county sheriff called me directly and stated that I need to com in for an appointment. Since then my sllep has suffered because I know that Police, Sheriff Deputys etc, are only human. They make mistakes, have personal opinions and try to coerce people to get their job done.
When I was arrested the Sheriff said “make it easy on yourself” which in cop talk means give up your rights. I was denied access to a Lawyer and the rest is history.
I now expect them to show up at my door with an AK pointed at me or something similar if I do NOT submit.
I am in Pinellas County and this has not happened to me yet. But even if they do ask I will refuse because I gave them DNA back in 1996. To bad for them if they lost it or whatever the reason. I am not on probation nor am I supposed to be on the registry. My court papers prove it. They crossed out all registry stuff on it.
at the time of my sentencing, I was required to give a DNA sample. And boy did they take the sample… They took blood, a swab of my cheek and a urine sample. I think the urine sample was for drugs.
If they come to my house asking for a dna sample NOW, I will tell them that they already have my DNA on file— that my DNA doesnt change from week to week and if they want any more, I will spit in the grass and tell them “there it is– go look for it”
NOW GET OFF MY PROPERTY !!
good one man!
I was not ordered to provide a DNA sample. My case is pre October 1995. However, when I told Department of Corrections this upon intake, they acknowledged it but took an extra blood sample without my consent. When I asked what it was for, she replied it was for a DNA sample. I told her I did not consent to that and she shrugged.
Always wondered if they’re was a way to get that removed from the system since it was taken illegally.
I forgot to mention that a DNA sample was discussed at sentencing and the judge declined to order it.
I volunteer to not give a sample.
@Capt Munsey
But if you gave a sample while serving in uniform, then it is in the database already for local LE and national LE to research if needed. No compliance is needed by you, Sir, or anyone who has served. Many military members are not aware of this, but they become part of the national database for all interested parties per Federal law upon submitting their sample for what many think is for ID only during military service time and not the lifetime and beyond it is.
My 29 year service ended 28 years ago. I may have given a sample on active duty, I can’t remember if I did or didn’t. I probably did for identification purposes in case I ‘caught a bullet’. Whether I did or didn’t, I will no longer give one. I am moving on with my life. Thank you TS for the info. We all need to take a stand…enough is enough.
I wonder if they are collecting again, if we were DNA tested already at sentencing, as is required by law? I have moved and am in a different county now, so they may want it for current county. I am still on probation and have “warrantless search” by any law enforcement officer as a condition. Is DNA test a “warrantless search”.
The DNA database is a statewide database, each county DOES NOT have their own database. I have read the statute on DNA collection, and there is NOTHING about volunteer submissions of DNA.
So what do the dates mean in F.S. 943.325? I see January 1, 2011,2013, etc. Does that mean they aren’t allowed to ask for DNA samples if your offense was prior to those dates? My offense is from 1998 out of Broward County. I honestly don’t remember if they collected any DNA when I was in the county jail or state prison. I was 21 at the time and I was just focused on surviving 6 months of jail and 7 years of prison to remember if they ever took any samples.
I’m in Hillsbourgh country and have not been asked for a DNA sample. I have to register this month. I’ll follow up with happens when I do.
Marion County took mine while I was being booked.
In Massachusetts all convicted felon’s have to provide DNA samples, conviction date does not matter nor does on or off parole or probation. . I was contacted by phone about 3-4 years ago and told I must report to the police station with in one week where I live and to provide a DNA sample or risk arrest. My last conviction date was 1986 been off parole/probation for 20 some odd years. I see from time to time in the news paper court records people being arraigned on the charge of failure to provide DNA sample.
Maybe it has something to do with this:
https://www.nytimes.com/2019/01/21/science/dna-crime-gene-technology.html
“Few law-enforcement agencies have such a database, but a new incentive to invest in Rapid DNA is emerging. The F.B.I. is setting up the infrastructure to enable select police booking stations, initially in five states — Arizona, California, Florida, Louisiana and Texas — to upload genetic profiles extracted from cheek swabs directly to the national DNA database.”
Once again, Floriduh wh0ring for federal dollar$.
The only word that should ever come out of any registered citizen’s mouth under these circumstances is “I DEMAND A LAWYER.” Put the rest on the government.
If they come to do an address verification and ask if they can come in… “NO! Not unless you have a warrant.”
If they ask you to provide a voluntary DNA sample… “NO! Not unless you have a court order.”
If they threaten to arrest you. CALL A LAWYER FIRST!
They should give people the option to submit DNA and get off registry cause dna is a real crime fighting tool the registry is keeping the talent off the street peeking around trying to bust you for unregistered vehicles that don’t even result in search warrants to see if missing kids are inside. The opertunity cost is catching new bad guys. If they called it the DNA registry for all convicted felons that way you rape, kill, steal, what ever they got you that definitely slow hard crime down then they could pass laws for like kissing in public (haven’t seen in 20 years lol) or cussing and fill the courts up with new money.
Yes the Pinellas County SPOT officer came to my home to collect DNA, then when I was not home because I work she said she will be back, I thought it was a residential check but she was stating that they never collected my DNA when I was arraigned and arrested in Broward County. She had this notion that my crime was committed in Pinellas. They did not tell me that is was voluntary, they said that it needs to be done. But since My crime was CP and I don’t have anything to hide, I wondered after giving it to them was it the right thing to do. I don’t have a lawyer but I was not intimidated because they never gave me a reason to feel intimidated. But now I wonder if they violated any rights I have left in this world. I have never been ordered to give up any DNA, just register. FAC did I do sometime wrong or did they?
Apparently they did.
Asking for a DNA sample is a search for evidence. I believe that this can only be performed AFTER a search warrant (or some other order of the court) has been issued (unless the person has previously consented to warrant-less searches as part of a plea agreement that has still not yet expired – in which case they can STILL refuse and simply violate their probation).
It is extremely difficult to see an instance when a warrant-less search could be performed due to an immediate exigency – it simply couldn’t be supported).
Lawyers, am I wrong?
I live in Hillsborough County. I just registered yesterday and was not asked for any DNA sample. Just putting it out there.
I’m in Colorado. I think if an officer showed up here trying to collect DNA from me, I’d probably give them the funniest look and then try to (as calmly as I could) explain to them that I gave DNA to them shortly after I was sentenced and it hasn’t changed.
Sorta like giving fingerprints every time I registered – which they thank god finally quit doing after they realized that was a colossal waste of time.
They can collect my DNA swabbing their own face. After they kiss my ass.
NICE!
Haha,,,I like this. I might have to use that line. 🙂
Well said!