Implement mandates pursuant to newly created s. 943.326(4)(d).

 

DEPARTMENT OF LAW ENFORCEMENT

Division of Local Law Enforcement Assistance

RULE NOS.:RULE TITLES:

11D-12.001Defiinitions

11D-12.002Procedures

PURPOSE AND EFFECT: Implement mandates pursuant to newly created s. 943.326(4)(d).

SUMMARY: Implementation of the sexual offense kit tracking database.

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.

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(4)(d), 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: Thursday, April 21, 2022 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: Christopher Bufano at 850-410-7676, 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: Christopher Bufano 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 Defiinitions

As used in Rule 11D-12.002, F.A.C., the following definitions apply:

(1) “Kit” shall mean a Florida sexual offense evidence kit or other sealed package containing samples collected from the alleged victim’s body.

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

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

(4) “Administrator” shall mean a participating entity’s designated individual who shall have add, delete, and editing authority of its users.

(5) “Forensic Medical Exam Facility” means a participating entity responsible for collecting a kit, or other DNA evidence from an alleged victim of a sexual offense.

(6) “Vendor” shall mean a company doing business with FDLE to prepare barcoded “kits” for the statewide database.

(7) “Non-reporting kit” shall mean a “kit” collected from an alleged victim who has not filed a report with law enforcement, and whose identity is not disclosed to law enforcement.

(8) “DNA match” shall mean an association made to a DNA reference sample from a person deemed by investigators to be a suspect or person on interest via direct submission to the laboratory or through the DNA investigative support database.

Rulemaking Authority 943.03(4), 943.326(4)(d), FS. Law Implemented 943.326 FS. History–New: _________.

 

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. Barcoded kits obtained from the vendor shall be utilized during the exam.  In the event a barcoded kit is not available, FDLE shall be contacted.

2. The software shall be utilized to receive kits from the vendor.

3. The examiner shall claim a kit and indicate the collection date in real time, or no later than 24 hours of the collection.

4. If the alleged victim is under 18 years old, it shall be indicated.

5. If the alleged victim is not filing a police report, it shall be documented, along with the location of the kit storage.

6. The examiner shall provide the alleged victim with the unique kit number, password, and instructions to be able to access the software.

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

8. The kit shall be securely and properly stored at the facility until transferred to the law enforcement agency, when applicable.

9. If non-reporting kits are stored, it shall be indicated when the kit has been destroyed.

(b) Law Enforcement Agencies.

1. Agency members shall enter the kit pickup date from the forensic medical exam facility and case number in real time, or no later than 24 hours of the pickup.

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

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

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

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

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

1. Laboratory members shall enter the date the kit was received from a law enforcement agency in real time, or no later than 24 hours of the receipt.

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

3. A completion date shall be entered once the laboratory analysis is finished and the report has been released to the law enforcement agency.

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

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

6. If kits are stored, it shall be indicated if the kit is destroyed and the reason for destruction.

(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–New: __________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Director Jason Bundy

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 29, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 29, 2021