FL H0833

Cited as the "Protecting DNA Privacy Act," the bill creates s. 817.5655, F.S., establishing a tiered criminal penalty structure for unlawful use of another person's DNA: collecting or retaining a DNA sample without express consent with intent to analyze is a first-degree misdemeanor; submitting a sample for analysis or disclosing results without consent is a third-degree felony; and selling or transferring a sample or results without consent is a second-degree felony.

Amends s. 760.40, F.S., to require "express consent" (replacing "informed consent") before performing DNA analysis or disclosing results, and establishes that DNA analysis results are the exclusive property of the person tested, are confidential, and exempt from public records requirements.

Defines "express consent" as an affirmative action demonstrating intentional authorization after receiving clear disclosure about the manner of collection, use, retention, maintenance, or disclosure of a DNA sample or analysis results.

Exempts criminal investigations and prosecutions, court orders, federal law compliance, medical diagnosis by certified labs or with practitioner consent, newborn screening, paternity determinations, law enforcement specimen collection under s. 943.325, and research conducted in compliance with applicable federal regulations (45 C.F.R. part 46, 21 C.F.R. parts 50 and 56, or 45 C.F.R. parts 160 and 164).

Applies only to DNA samples collected from persons in Florida after the effective date of October 1, 2021, and each instance of a violation constitutes a separate offense subject to a separate penalty.