(1) If a missing child or adult is not located within 90 days after the missing child or missing adult report is filed, the law enforcement agency that accepted the report shall attempt to obtain a biological specimen for DNA analysis from the missing child or missing adult or from biologically related family members. The law enforcement agency can provide a biological specimen for DNA analysis prior to the expiration of the 90-day period.

Terms Used In Florida Regulations 11C-10.002

  • Donor: The person who makes a gift.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
    (2) Submission of a direct reference sample of the missing child or adult.
    (a) The law enforcement agency shall submit a direct reference sample, which can include a known medical blood sample, toothbrush, or razor, to the University of North Texas (UNT) Center for Human Identification Center at 3500 Camp Bowie Blvd., Fort Worth, Texas 76054, phone number (800)763-3147, or the Federal Bureau of Investigation (FBI) National Missing Person DNA Database, FBI Laboratory, Evidence Control Unit, Samples for National Missing Person DNA Database, 2501 Investigation Parkway, Quantico, VA 22135, phone number (703)632-7582. Direct reference sample submission instructions are also available on the CJNet on the Missing Endangered Persons Information Clearinghouse Website, under the DNA link, URL address: http://mcic.flcjn.net/MCICsearch, or contact the Florida Department of Law Enforcement Missing Endangered Persons Information Clearinghouse, P. O. Box 1489, Tallahassee, Florida 32302-1489, phone number (888)356-4774.
    (b) A direct reference sample shall be accompanied by family reference DNA samples. If no family reference DNA samples exist, the law enforcement agency shall include a written notice at the time of the direct reference sample submission.
    (c) The law enforcement agency shall follow the instructions provided by the UNT or the FBI for the collection, labeling, storage, handling and submission of a direct reference sample.
    (d) If no direct reference sample exists, the law enforcement agency shall attempt to obtain family reference DNA samples for submission.
    (3) Submission of family reference samples. The law enforcement agency has the option of collecting buccal swabs or blood samples:
    (a) Family reference sample kits for buccal swab collection are available at no cost from the UNT.
    (b) Family reference sample kits for blood sample collection are available at no cost from the FBI. The withdrawal of blood for purposes of this section shall be performed in a medically approved manner using the FBI’s family reference sample collection kits, and only by or under the supervision of a physician, registered nurse, licensed practical nurse, and any duly licensed medical personnel.
    (c) The law enforcement agency shall attempt to obtain one family reference DNA sample from at least two different biologically related family members of the missing child or adult.
    (d) The priority of sample submission is as follows: biological mother, biological father, biological siblings, biological children, maternal relatives, and paternal relatives.
    (e) The biologically related family member of the missing child or adult must be positively identified by the law enforcement agency prior to submission of the DNA sample. An example of proof of identification would be a state or federal government issued identification card containing a photograph of the donor.
    (f) The law enforcement agency shall follow the instructions provided by the UNT or the FBI for the collection, labeling, storage, handling and submission of family reference samples.
    (4) Law enforcement state (FCIC) and national (NCIC) database entry requirements:
    (a) Upon receipt of the a lab case identification number from UNT or FBI, the law enforcement agency shall modify the DNA fields in the missing person entry of the Florida Crime Information Center (FCIC) and National Crime Information Center (NCIC) databases to indicate that DNA specimens were collected and submitted. The DNA location field (DLO) of the missing person entry shall include information regarding the name of the laboratory, the lab case identification number, contact person, and the type of specimen submitted.
    (b) If a match occurs between the DNA profiles for a missing child or adult and an unidentified person, then the law enforcement agency will be notified by the FBI or the UNT.
    (c) Once the missing child or adult is located or identified, the law enforcement agency shall provide the UNT or the FBI with written notification on law enforcement agency letterhead.
Rulemaking Authority Florida Statutes § 943.03(4), 937.021(7) FS. Law Implemented 937.021, 937.022 FS. History-New 4-16-09.