To implement procedures regarding the collection and submission of DNA specimens for persons missing over 90 days, based upon recent statutory changes.  


  • RULE NO: RULE TITLE
    11C-10.001: Definitions
    11C-10.002: Procedures
    PURPOSE AND EFFECT: To implement procedures regarding the collection and submission of DNA specimens for persons missing over 90 days, based upon recent statutory changes.
    SUMMARY: The amended rule language implements the procedures for the collection and submission of DNA for persons missing over 90 days.
    SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
    Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
    SPECIFIC AUTHORITY: 937.021(7), 937.022, 943.03(4) FS.
    LAW IMPLEMENTED: 937.021(6), 937.022 FS.
    IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
    DATE AND TIME: Wednesday, February 4, 2009, 10:00 a.m.
    PLACE: Florida Department of Law Enforcement, 2331 Phillips Road, Tallahassee, Florida 32308
    Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Dinah Johnson at (850)410-8583. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
    THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Dinah Johnson, Florida Department of Law Enforcement, Missing Endangered Persons Information Clearinghouse, 2331 Phillips Road, Tallahassee, Florida 32308

    THE FULL TEXT OF THE PROPOSED RULE IS:

    11C-10.001 Definitions.

    (1) “Approved biological specimen” shall mean either a direct reference sample or a family reference sample.

    (2) “Buccal swab” shall mean epithelial cells collected from the cheek in the oral cavity using a sterile cotton-tipped swab.

    (3) “Direct reference sample” shall mean any known DNA standard or biological specimen, which is known to originate from the missing child or adult.  Examples include a known medical blood sample, razor, or toothbrush.

    (4) “Family reference sample” shall mean a DNA specimen that is obtained from a biologically related family member of a missing child or adult.

    (5) “Family reference sample collection kit” shall mean an approved DNA collection kit that provides a means of collecting DNA reference samples from biologically related family members of a missing child or adult. These DNA collection kits are assembled by the University of North Texas Center for Human Identification, which includes a buccal swab collection kit or the FBI National Missing Person DNA Database, which utilizes a FBI blood cell collection kit. Each kit contains DNA collection instructions, consent forms for the donor, missing person information forms, and any items provided to collect DNA samples.

    (6) The terms missing child or adult shall have the same meanings as provided for in Section 937.0201, F.S.

    Specific Authority 943.03(4), 937.021(7) FS. Law Implemented 937.021, 937.022 FS. History–New________.

     

    11C-10.002 Procedures.

    (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.

    (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 1(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 (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 1(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.

    Specific Authority 943.03(4), 937.021(7) FS. Law Implemented 937.021, 937.022 FS. History–New________.


    NAME OF PERSON ORIGINATING PROPOSED RULE: Dinah Johnson
    NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Governor and Cabinet
    DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 9, 2008
    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: October 17, 2008

Document Information

Comments Open:
1/9/2009
Summary:
The amended rule language implements the procedures for the collection and submission of DNA for persons missing over 90 days.
Purpose:
To implement procedures regarding the collection and submission of DNA specimens for persons missing over 90 days, based upon recent statutory changes.
Rulemaking Authority:
937.021(7), 937.022, 943.03(4) FS.
Law:
937.021(6), 937.022 FS.
Contact:
Dinah Johnson, Florida Department of Law Enforcement, Missing Endangered Persons Information Clearinghouse, 2331 Phillips Road, Tallahassee, Florida 32308
Related Rules: (2)
11C-10.001. Definitions
11C-10.002. Procedures