To update the statute references in 11D-6.001(3), F.A.C.

 

DEPARTMENT OF LAW ENFORCEMENT
Division of Local Law Enforcement Assistance

RULE NO: RULE TITLE
11D-6: DNA DATABASE COLLECTION
11D-6.001: Definitions
PURPOSE AND EFFECT: To update the statute references in subsection 11D-6.001(3), F.A.C.

SUMMARY: The proposed rule updates statutory references pertaining to the definition of offender as it applies to the collection of specimens for the DNA database.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COST: 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: 943.03(4), 943.325(9)(d) FS.
LAW IMPLEMENTED: 943.325 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: January 10, 2007, 10:00 a.m.

PLACE: 2331 Phillips Road, Elevator Conference Room, Quad C, 3rd Floor, Tallahassee, Florida 32308-1489

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: Lisa Bohl at [phone].

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: Lisa Bohl at [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

11D-6.001 Definitions.

As used in Rule 11D-6.003, F.A.C., the following definitions apply:

(1) “Blood sample” shall mean a specimen of whole blood, at least 7 cc in volume.

(2) “Other approved biological specimen” shall mean epithelial cells collected from the cheek in the oral cavity utilizing an FDLE-approved swab collection kit.

(3) “Offender” shall mean a person meeting any of the criteria specified in Sections 943.325(1), 943.325(10)(c), 943.325(11), 947.1405(7)(a)9., 948.03(1)(n), 947.1405(7), 948.03(5)(a)8. or 948.30.(1)(i) 948.03(10), F.S.

Specific Authority 943.03(4), 943.325(9)(d) FS. Law Implemented 943.325 FS. History–New 7-4-90, Amended 7-6-99, 8-22-00, 11-5-02,_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Lisa Bohl, Florida Department of Law Enforcement, DNA Database Program, 2331 Phillips Road, Tallahassee, Florida 32308, [phone]

NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: David Coffman, Chief Of Forensic Services, Florida Department of Law Enforcement, 2331 Phillips Road, Tallahassee, Florida 32308

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 30, 2006

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: October 20, 2006