Subsection 11D-12.001(2), F.A.C.: Amends rule text to correct misspelled word. Subsection 11D-12.001(3), F.A.C.: Amends rule text to remove STACS™DNA and replace it with Invita Healthcare Technologies. Subsection 11D-12.001(5), ....

 

DEPARTMENT OF LAW ENFORCEMENT

Division of Local Law Enforcement Assistance

RULE NOS.:RULE TITLES:

11D-12.001Definitions

11D-12.002Procedures

PURPOSE AND EFFECT: Subsection 11D-12.001(2), F.A.C.: Amends rule text to correct misspelled word.

Subsection 11D-12.001(3), F.A.C.: Amends rule text to remove STACS™DNA and replace it with Invita Healthcare Technologies.

Subsection 11D-12.001(5), F.A.C.: Amends rule text to add term and definition of “User.”

Subsection 11D-12.001(6), F.A.C.: Amends rule text to renumber definition of “Forensic Medical Exam Facility” from (5) to (6).

Subsection 11D-12.001(7), F.A.C.: Amends rule text to renumber definition of “Vendor” from (6) to (7).

Subsection 11D-12.001(8), F.A.C.: Amends rule text to renumber definition of “Non-reporting kit” from (7) to (8).

Subsection 11D-12.001(9), F.A.C.: Amends rule text to add term and definition of “Assigned officer.”

Subsection 11D-12.001(10), F.A.C.: Amends rule text to renumber definition of “DNA match” from (9) to (10).

Subsection 11D-12.001(11), F.A.C.: Amends rule text to add term and definition of “Survivor portal.”

Paragraph 11D-12.002(1)(a)5., F.A.C.: Amends rule text to specify the kit storage and transfer procedures.

Paragraph 11D-12.002(1)(a)7., F.A.C.: Amends rule text to remove “The administrator” and add “A user.”

Paragraph 11D-12.002(1)(a)9., F.A.C.: Amends rule text to update the procedure if a report is made regarding a stored non-reporting kit.

Paragraph 11D-12.002(1)(a)10., F.A.C.: Amends rule text to add the procedure for storing and transferring non-reporting kits.

Paragraph 11D-12.002(1)(b)1., F.A.C.: Amends rule text to clarify the procedure for entering kits into the software program.

Paragraph 11D-12.002(1)(b)2., F.A.C.: Amends rule text to add “users.”

Paragraph 11D-12.002(1)(b)3., F.A.C.: Amends rule text to add “users.”

Paragraph 11D-12.002(1)(b)5., F.A.C.: Amends rule text to remove “The administrator” and add “A user.”

Paragraph 11D-12.002(1)(b)6., F.A.C.: Amends rule text to add the procedure on how to document the change if a report is made regarding a stored non-reporting kit.

Paragraph 11D-12.002(1)(b)7., F.A.C.: Amends rule text to add the procedure on when and how to contact the department to update the reporting status.

Paragraph 11D-12.002(1)(c)1., F.A.C.: Amends rule text to add “users.”

Paragraph 11D-12.002(1)(c)2., F.A.C.: Amends rule text to add “users.”

Paragraph 11D-12.002(1)(c)4., F.A.C.: Amends rule text to add “users.”

Paragraph 11D-12.002(1)(c)5., F.A.C.: Amends rule text to add “users.”

SUMMARY: Amends and adds definitions pursuant to changes in §943.326 F.S.; updates kit-tracking procedures due to changes §943.326 F.S.; provides definitions for terms used in Rule 11D-12.004 due to the implementation of §943.327 F.S.; establishes funding criteria and procedures for the Forensic Investigative Genetic Genealogy Grant Program due to the implementation of §943.327 F.S.

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: The Department’s economic analysis of the adverse impact or potential regulatory costs of the proposed rule did not exceed any of the criteria established in Section 120.541(2)(a), Florida Statutes.

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), 943.326(4)(d), FS.

LAW IMPLEMENTED: 943.326(3), 943.326(4), 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: Friday, January 10, 2025, at 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: Jeff Dambly at [phone], or [e-mail], or write to Florida Department of Law Enforcement, 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: Jeff Dambly at [phone], or [e-mail], or write to Florida Department of Law Enforcement, 2331 Phillips Road, Tallahassee, Florida 32308.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

11D-12.001 Definitions.

(1) No change.

(2) “Participating Entities” shall mean entities that participate in the statewide database as described in Section Sectrion 943.326(4)(c), F.S.

(3) “Software” shall mean Invita Healthcare Technologies STACS™DNA Track-Kit™ cloud-based software.

(4) No change.

(5) “User” shall mean a member of a participating entity who has login access to the “software”.

(5) through (7) renumbered (6) through (8) No change.

(9) “Assigned officer” shall mean a “user” responsible for releasing or not releasing a “DNA match” to the “Survivor portal”

(10)(8) No change.

(11) “Survivor portal” shall mean the software page accessible by the alleged victim.

Rulemaking Authority 943.03(4), 943.326(4)(d) FS. Law Implemented 943.326 FS. History 7-20-22 –New 7-20-22 Amended,________.

 

11D-12.002 Procedures.

(1) Kit tracking. Participating Entities shall utilize the software and identify at least one administrator. The administrator’s contact information shall be provided to FDLE.

(a) Forensic Medical Exam Facilities.

1. through 4. No change.

5. If the alleged victim is not filing a police report, it shall be documented, along with the department location of the kit storage. A facility member shall provide the non-reporting kit to a law enforcement agency to facilitate the transfer to the department, or utilize the department mailing procedure to transfer the non-reporting kit to the department.

6. No change.

7. A user The administrator shall reset the alleged victim’s password, when applicable.

8. No change.

9. If non-reporting kits are stored, following a report being made, a user shall document the change and the date of the report. Iit shall be indicated when the kit has been destroyed, when applicable.

10. All non-reporting kits shall be securely stored until transferred to the department for storage. The transfer may be made by a law enforcement agency.

(b) Law Enforcement Agencies.

1. Agency member users members shall enter the kit pickup date from the forensic medical exam facility, the and case number, and the assigned officer in real time, or no later than 24 hours after the pickup. Non-reporting kits only being transported to the department do not require any software entry.

2. Agency member users members shall document when the kit is picked up from the laboratory in real time, or no later than 24 hours after the pickup.

3. Agency member users members shall ensure the release of a DNA match, as described in Section 943.326(4)(e), F.S.

4. It shall be indicated if the kit has been destroyed, and why, or if the storage agency changes (e.g. for court or transfer to another law enforcement agency).

5. A member user The administrator shall reset the alleged victim’s password, when applicable.

6. If a non-reporting kit is stored and a subsequent report is made regarding the stored kit, a user shall document the change and the date of the report.

7. If a report is received such that a non-reporting kit falls under 943.326(1)(b), F.S., an agency member shall contact the department to update the reporting status.

(c) Laboratories within the statewide criminal analysis laboratory system.

1. Laboratory member users members shall enter the date the kit was received from a law enforcement agency and the laboratory case number in real time, or no later than 24 hours after the receipt.

2. Laboratory member users members shall indicate when the kit is ready for law enforcement pickup.

3. No change.

4. Laboratory member users members shall enter the date of a DNA match, if applicable.

5. Laboratory member users members shall indicate transfer of the kit into long-term storage, if applicable.

6. No change.

(2) Kit distribution. Vendors shall utilize the software to create pending orders, receive lots of kits and to fill orders. The vendor shall create the unique barcodes for the kits and passwords for the alleged victims, and include this information within the kit.

Rulemaking Authority 943.03(4), 943.326(4)(d) FS. Law Implemented 943.326 FS. History 7-20-22 –New 7-20-22 Amended,________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Bureau Chief Leigh Clark

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 17, 2024

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 4, 2024