Current as of: Dec. 2011
(1) DNA Sample collection.
(a) A qualifying offender providing DNA samples must be positively identified in the manner specified by the Oral Swab Collection Kit Instructions and Form (FDLE/FOR-005, rev. September, 2009 and incorporated by reference) prior to taking the DNA samples from such offender. A qualifying offender may also be identified through use of the Falcon Rapid-ID Edge device.
1. DNA samples submitted from qualifying offenders not identified through use of the Falcon Rapid-ID Edge device must be accompanied by a completed Swab Collection Kit from (FDLE/FOR-005). The imprinting of the offender’s left and right thumbs, by means of an inked impression, in the spaces indicated on the form shall be completed as well. Inked fingerprint impressions must be legible for fingerprint classification and comparison purposes. DNA samples accompanied by one or more illegible inked fingerprint impressions will be unacceptable for entry into the DNA Database and will be requested by FDLE. The collecting agency must then submit a new DNA sample and completed form.
2. DNA Samples submitted from qualifying offenders whose identification is verified using the FALCON Rapid-ID Edge device must be accompanied by the printout and barcode generated by the application. Any required information not captured by the Falcon/Rapid-ID DNA Availability application shall be filled out on the Swab Collection Kit form (FDLE/FOR-005).
(b) When positive identification of the qualifying is accomplished, DNA samples shall be taken from the qualifying offender in the manner described in Section 943.325(3), F.S.
(c) Such samples shall be taken using only the oral swab collection kit approved and provided by the Department of Law Enforcement. Agencies may obtain additional kits from FDLE, DNA Database, P. O. Box 1489, Tallahassee, Florida 32302-1489.
(d) Collection, labeling, storage, handling, and transmittal of DNA Samples shall be as prescribed in the printed instructions included with each oral swab sample collection kit. The collecting agency should forward DNA samples to the Department within 7 working days of collection.
(2) Removal of DNA Information from the DNA Database. Persons seeking removal of their DNA information from the DNA Investigative Support Database shall mail certified copies of the required documentation as described in Section 943.325(16), F.S., to the FDLE DNA Investigative Support Database, P. O. Box 1489, Tallahassee, Florida 32302-1489.
Rulemaking Authority 943.03(4), 943.325(4), (5), (17) FS. Law Implemented 943.325 FS. History–New 7-4-90, Amended 7-6-99, 8-22-00, 7-29-01, 11-5-02, 6-3-10.
Laws implemented by this Rule: Florida Statutes § 943.325
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