Florida HB 607: Retention of Sexual Offense Evidence

Bill Text

CS/CS/HB 607 2024

CODING: Words stricken are deletions; words underlined are additions.
hb0607-02-c2
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

A bill to be entitled 1
An act relating to retention of sexual offense 2
evidence; amending s. 943.326, F.S.; establishing a 3
minimum timeframe for the retention of specified 4
sexual offense evidence; requiring specified entities 5
to transfer such evidence to the Department of Law 6
Enforcement within a specified time period; requiring 7
the department to retain such evidence for the 8
required time period; requiring specified protocols 9
for the transferring and storing of specified sexual 10
offense evidence; authorizing specified entities to 11
approve destruction of such evidence in specified 12
circumstances; providing an effective date. 13
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Be It Enacted by the Legislature of the State of Florida: 15
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Section 1. Subsection (3) of section 943.326, Florida 17
Statutes, is amended, and subsection (1) of that section is 18
republished, to read: 19
943.326 DNA evidence collected in sexual offense forensic 20
physical examinations and investigations.— 21
(1) A sexual offense evidence kit, or other DNA evidence if 22
a kit is not collected, must be submitted to a member of the 23
statewide criminal analysis laboratory system under s. 943.32 24
for forensic testing within 30 days after: 25

CS/CS/HB 607 2024

CODING: Words stricken are deletions; words underlined are additions.
hb0607-02-c2
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

(a) Receipt of the evidence by a law enforcement agency if 26
a report of the sexual offense is made to the law enforcement 27
agency; or 28
(b) A request to have the evidence tested is made to the 29
medical provider or the law enforcement agency by: 30
1. The alleged victim; 31
2. The alleged victim's parent, guardian, or legal 32
representative, if the alleged victim is a minor; or 33
3. The alleged victim's personal representative, if the 34
alleged victim is deceased. 35
(3)(a) Except as provided in paragraph (b) a collected 36
sexual offense evidence kit, or other DNA evidence if a kit is 37
not collected, collected from an alleged victim who reports a 38
sexual offense to a law enforcement agency or who makes a 39
request, or on whose behalf a request is made, for testing in 40
compliance with paragraph (1)(b), must be retained in a secure, 41
environmentally safe manner until the prosecuting agency has 42
approved its destruction. 43
(b)1. A sexual offense evidence kit collected from a 44
person who does not report a sexual offense to a law enforcement 45
agency during the forensic physical examination and who does not 46
make a request, or have a request made on his or her behalf, in 47
compliance with paragraph (1)(b) must be retained for a minimum 48
of 50 years after the collection date. Within 30 days of 49
collecting such a kit, the medical facility or certified rape 50

CS/CS/HB 607 2024

CODING: Words stricken are deletions; words underlined are additions.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

crisis center that collected the kit must transfer the kit to 51
the department, which must maintain the kit in compliance with 52
this subparagraph. A sexual offense evidence kit that is 53
transferred and retained pursuant to this subparagraph must be 54
stored anonymously, in a secure, environmentally safe manner, 55
and with a documented chain of custody. 56
2. If, at any time following the initial retention of a 57
sexual offense evidence kit pursuant to subparagraph (b)1., an 58
alleged victim makes a report to a law enforcement agency or 59
makes a request, or has a request made on his or her behalf, for 60
testing in compliance with paragraph (1)(b), the kit must be 61
retained as described in paragraph (3)(a) if the applicable time 62
limitation under s. 775.15 has not run and prosecution of a 63
criminal case may still be commenced. In circumstances in which 64
a criminal case may not be commenced because the applicable time 65
limitation under s. 775.15 has expired, the kit must be 66
maintained in a secure, environmentally safe manner until the 67
department has approved its destruction. 68
Section 2. This act shall take effect July 1, 2024. 69