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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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.