11D-6.001(5): Adds the definition of “Labels” to clarify the term “labels” with the implementation of Rapid ID to determine if a sample is needed to be collected from an offender and clarify the ambiguity of the term “labels.” 11D-6.003(1)(a): ...

 

DEPARTMENT OF LAW ENFORCEMENT

Division of Local Law Enforcement Assistance

RULE NOS.: RULE TITLES:

11D-6.001 Definitions

11D-6.003 Procedures

PURPOSE AND EFFECT: Subsection 11D-6.001(5): Adds the definition of “Labels” to clarify the term “labels” with the implementation of Rapid ID to determine if a sample is needed to be collected from an offender and clarify the ambiguity of the term “labels.”

Paragraph 11D-6.003(1)(a): Revises the Oral Swab Collection Kit form FDLE/FOR-005 to comply with statutory changes.

Subparagraphs 11D-6.003(1)(a)1.-2., and (b): Corrects typographical and grammatical errors.

Paragraph 11D-6.003(1)(c): Transfers how to obtain form FDLE/FOR-005 to Rule 11D-6.001(a) where the form is incorporated as required by the Joint Administrative Procedures Committee (JAPC), provides rule reference for the sample collection procedures in Paragraph 11D-6.003(1)(a), and makes grammatical revisions.

SUMMARY: Adds the definition of Labels” to Rule 11D-6.001; revises the Oral Swab Collection Kit form FDLE/FOR-005; Corrects typographical and grammatical errors; and provides a rule reference for the rule section sample collection procedures.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: This determination is based upon the nature of the subject matter of the proposed amendment. Other rules incorporating this rule: None. Effect on those other rules: None

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.

RULEMAKING AUTHORITY: 943.03(4), 943.325(4), (5), (17) 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: Tuesday, January 22, 2013 at 1:00 p.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: Christopher Carney [phone] or Lisa Bohl [phone],, or write to Florida Department of Law Enforcement, DNA Investigative Support Database, 2331 Phillips Road, Tallahassee, Florida 32308. 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: Christopher Carney [phone] or Lisa Bohl [phone], or write to Florida Department of Law Enforcement, DNA Investigative Support Database, 2331 Phillips Road, Tallahassee, Florida 32308

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) “DNA sample” means a buccal or other approved biological specimen capable of undergoing DNA analysis.

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

(3) “Other approved biological specimen” shall mean a specimen of whole blood, at least 7 cc in volume.

(4) “Qualifying Offender” “shall mean a person as specified in Section 943.325(2), 943.325(9), 947.1405(7)(a) or 948.30(1), F.S.

(5) “Labels” shall mean shipping labels provided by the Department for the return of DNA sample collection kits.

(6)(5) FALCON is Florida’s Integrated Criminal History System. This system allows for the biometric identification of criminal subjects.

(7)(6) “Rapid-ID Edge Device” shall mean an electronic fingerprint device attached to “FALCON” and available to criminal justice agencies within the state. This device and accompanying software allows agencies responsible for sample collection to determine if a qualifying offender DNA sample is on file, or if collection of the sample is required.

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, 11-5-02, 3-21-07, 6-3-10,________.

11D-6.003 Procedures.

(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, revised rev. September 2011, 2009 and incorporated by reference,) prior to taking the DNA samples from such offender. Form FDLE/FOR-005 and additional kits may be obtained from the Florida Department of Law Enforcement, DNA Database, Post Office Box 1489, Tallahassee, Florida 32302-1489. A qualifying offender may also be identified through use of the Falcon Rapid-ID Edge device.

1. DNA samples submitted from qualifying offenders without the not identified through use of the Falcon Rapid-ID Edge device must be accompanied by a completed Swab Collection Kit form 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 through use of 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 offender 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 pursuant to (1)(a) of this rule section. 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,________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Christopher Carney and Lisa Bohl

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Governor and Cabinet

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 11, 2012

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 20, 2012