Florida criminal charge
DNA database in Florida
DNA database is a criminal offense under Florida law, defined by Fla. Stat. § 943.325. Its classification is not fixed: Florida assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Fla. Stat. § 943.325.
What is the penalty for dna database in Florida?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 60 days (Willful refusal to provide DNA sample — A person subject to the DNA sample requirements who willfully refuses to provide a DNA sample commits this offense.; county jail, not state prison (s. 775.08(2))) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $500 (Willful refusal to provide DNA sample — A person subject to the DNA sample requirements who willfully refuses to provide a DNA sample commits this offense.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 1 year (Unauthorized disclosure, use, receipt, or tampering with DNA records or samples — A person who knowingly or intentionally discloses DNA records to unauthorized persons, uses or receives DNA records for unauthorized purposes, or tampers or attempts to tamper with a DNA sample, its analysis results, or its collection container commits this offense.; county jail, not state prison (s. 775.08(2))) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $1,000 (Unauthorized disclosure, use, receipt, or tampering with DNA records or samples — A person who knowingly or intentionally discloses DNA records to unauthorized persons, uses or receives DNA records for unauthorized purposes, or tampers or attempts to tamper with a DNA sample, its analysis results, or its collection container commits this offense.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
Applies to current (2025 Florida Statutes).
How is dna database classified in Florida?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Willful refusal to provide DNA sample | Misdemeanor of the Second Degree | A person subject to the DNA sample requirements who willfully refuses to provide a DNA sample commits this offense. | Fla. Stat. § 943.325(15)(a) |
| Unauthorized disclosure, use, receipt, or tampering with DNA records or samples | Misdemeanor of the First Degree | A person who knowingly or intentionally discloses DNA records to unauthorized persons, uses or receives DNA records for unauthorized purposes, or tampers or attempts to tamper with a DNA sample, its analysis results, or its collection container commits this offense. | Fla. Stat. § 943.325(15)(b) |
Common questions about dna database in Florida
Is dNA database a felony or a misdemeanor in Florida?
It depends on the circumstances: dNA database ranges from a Misdemeanor of the Second Degree to a Misdemeanor of the First Degree in Florida under Fla. Stat. § 943.325.
Willful refusal to provide DNA sample: Misdemeanor of the Second Degree (Fla. Stat. § 943.325(15)(a)) · Unauthorized disclosure, use, receipt, or tampering with DNA records or samples: Misdemeanor of the First Degree (Fla. Stat. § 943.325(15)(b))
What are the penalties for dNA database in Florida?
Penalties for dNA database in Florida depend on how it is classified — from a Misdemeanor of the Second Degree up to a Misdemeanor of the First Degree — with the ranges set by Fla. Stat. § 775.082; the full table of ranges by variant is published on this page.
Which Florida statute covers dNA database?
DNA database is governed by Fla. Stat. § 943.325 (DNA database).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.