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Florida statute

Fla. Stat. § 817.5655 — Unlawful use of DNA; penalties; exceptions

Current through 2025 Florida Statutes

Part of Part I: False Pretenses and Frauds,generally, Florida Statutes.

Criminal charges under this statute

Full text of Fla. Stat. § 817.5655

Statutory text current through the 2025 Florida Statutes. This publication reproduces the official statutory text; it is not the official statutes of the State of Florida.

Fla. Stat. § 817.5655Primary source, current through the 2025 Florida Statutes
(1) As used in this section, the terms “DNA analysis,” “DNA sample,” and “express consent” have the same meanings as in s. 760.40(1)(a), (b), and (d), respectively. (2) It is unlawful for a person to willfully, and without express consent, collect or retain another person’s DNA sample with the intent to perform DNA analysis. A person who violates this subsection commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (3) It is unlawful for a person to willfully, and without express consent, submit another person’s DNA sample for DNA analysis or conduct or procure the conducting of another person’s DNA analysis. A person who violates this subsection commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (4) It is unlawful for a person to willfully, and without express consent, disclose another person’s DNA analysis results to a third party. A person who violates this subsection commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. A person who discloses another person’s DNA analysis results that were previously voluntarily disclosed by the person whose DNA was analyzed, or such person’s legal guardian or authorized representative, does not violate this subsection. (5) It is unlawful for a person to willfully, and without express consent, sell or otherwise transfer another person’s DNA sample or the results of another person’s DNA analysis to a third party, regardless of whether the DNA sample was originally collected, retained, or analyzed with express consent. A person who violates this subsection commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (6) Each instance of collection or retention, submission or analysis, or disclosure in violation of this section constitutes a separate violation for which a separate penalty is authorized. (7) This section and s. 760.40 do not apply to a DNA sample, a DNA analysis, or the results of a DNA analysis used for the purposes of:(a) Criminal investigation or prosecution;(b) Complying with a subpoena, summons, or other lawful court order;(c) Complying with federal law;(d) Medical diagnosis, conducting quality assessments, improvement activities, and treatment of a patient when:1. Express consent for clinical laboratory analysis of the DNA sample was obtained by the health care practitioner who collected the DNA sample; or2. Performed by a clinical laboratory certified by the Centers for Medicare and Medicaid Services;(e) The newborn screening program established in s. 383.14;(f) Determining paternity under s. 409.256 or s. 742.12(1);(g) Performing any activity authorized under s. 943.325; or(h) Conducting research, and designing and preparing such research, subject to the requirements of, and in compliance with, 45 C.F.R. part 46, 21 C.F.R. parts 50 and 56, or 45 C.F.R. parts 160 and 164; or utilizing information that is deidentified consistent with 45 C.F.R. parts 160 and 164 and that is originally collected and maintained for research subject to the requirements of, and in compliance with, 45 C.F.R. part 46, 21 C.F.R. parts 50 and 56, or 45 C.F.R. parts 160 and 164. (8) The provisions of this section and s. 760.40 apply only to a DNA sample collected from a person in Florida, and to use, retention, maintenance, and disclosure of such person’s DNA sample or the results of a DNA analysis after the effective date of this act.

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Legal terms used in this section

Questions this section answers

Is unlawful use of DNA; penalties; exceptions a felony or a misdemeanor in Florida?

It depends on the circumstances: unlawful use of DNA; penalties; exceptions ranges from a Misdemeanor of the First Degree to a Felony of the Second Degree in Florida under Fla. Stat. § 817.5655.

Unlawful collection or retention of DNA sample: Misdemeanor of the First Degree (Fla. Stat. § 817.5655(2)) · Unlawful submission or conducting of DNA analysis: Felony of the Third Degree (Fla. Stat. § 817.5655(3)) · Unlawful disclosure of DNA analysis results: Felony of the Third Degree (Fla. Stat. § 817.5655(4)) · Unlawful sale or transfer of DNA sample or analysis results: Felony of the Second Degree (Fla. Stat. § 817.5655(5))

Which Florida statute covers unlawful use of DNA; penalties; exceptions?

Unlawful use of DNA; penalties; exceptions is governed by Fla. Stat. § 817.5655 (Unlawful use of DNA; penalties; exceptions).

This reference is informational and is not legal advice.