Signed by Governor Ron DeSantis

Vote Smart's Synopsis:

Vote to concur with Senate amendments and pass a bill that requires DNA samples to be defined as the "exclusive property" of the person who submitted the sample.

Highlights:

• Establishes that this act may be cited as the “Protecting DNA Privacy Act” (Sec. 1).

• Defines “DNA analysis” to mean the medical and biological examination and analysis of a person's DNA, including DNA typing and genetic testing, to identify the presence and composition of genes in that person's body (Sec. 2).

• Defines “DNA sample” to mean any human biological specimen from which DNA can be extracted or the DNA extracted from such specimen (Sec. 2).

• Defines “exclusive property” to mean the right of the person whose DNA has been extracted or analyzed to exercise control over his or her DNA sample and any results of his or her DNA analysis with regard to the collection, use, retention, maintenance, disclosure, or destruction of such sample or analysis results (Sec. 2).

• Defines “express consent” to mean authorization by the person whose DNA is to be extracted or analyzed, or such person's legal guardian or authorized representative, evidenced by an affirmative action demonstrating an intentional decision, after the person receives a clear and prominent disclosure regarding the manner of collection, use, retention, maintenance, or disclosure of a DNA sample or results of a DNA analysis for specified purposes (Sec. 2).

• Establishes that, except as provided in s. 817.5655, a person or entity may only perform DNA analysis with express consent and the results of such DNA analysis, whether held by a public or private entity, are the exclusive property of the person tested, are confidential, and may not be disclosed without express consent (Sec. 2).

• Specifies that it is unlawful for a person to willfully, and without express consent, collect or retain another person's DNA sample with the intent to perform DNA analysis and that a person who violates this subsection commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083 (Sec. 3).

• Establishes that it is unlawful for a person to willfully, and without express consent, submit another person's DNA sample for DNA analysis or conduct or procure the conducting of another person's DNA analysis and that a person who violates this subsection commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084 (Sec. 3).

• Specifies that it is unlawful for a person to willfully, and without express consent, disclose another person's DNA analysis results to a third party, regardless of whether the DNA sample was originally collected, retained, or analyzed with express consent, and that a person who violates this subsection commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084 (Sec. 3).

• Establishes that each instance of collection or retention, submission or analysis, or disclosure in violation of this section constitutes a separate violation for which a separate penalty is authorized (Sec. 1).

• Specifies that this section and section 760.40 do not apply to a DNA sample, a DNA analysis, or the results of a DNA analysis used for the following purposes of (Sec. 3):

• Criminal investigation or prosecution;

• Complying with a subpoena, summons, or other lawful court order;

• Complying with federal law; 

• Medical diagnosis, conducting quality assessments, improvement activities, and treatment of a patient when:

• Express consent for clinical laboratory analysis of the DNA sample was obtained by the health care practitioner who collected the DNA sample; or

• Performed by a clinical laboratory certified by the Centers for Medicare and Medicaid Services;

• The newborn screening program established in s. 383.14;

• Determining paternity under s. 409.256 or s. 742.12(1);

• Performing any activity authorized under s. 943.325; or

• Conducting research, and designing and preparing such research, subject to the requirements of, and in compliance with, 45 C.F.R. part 46, 21 C.F.R. parts 50 and 56, or 45 C.F.R. parts 160 and 164; or utilizing information that is deidentified consistent with 45 C.F.R. parts 160 and 164 and that is originally collected and maintained for research subject to the requirements of, and in compliance with, 45 C.F.R. part 46, 21 C.F.R. parts 50 and 56, or 45 C.F.R. parts 160 and 164.

• Establishes that the provisions of this section and s. 760.40 apply only to a DNA sample collected from a person in Florida, and to use, retention, maintenance and disclosure of such person's DNA sample or the results of a DNA analysis after the effective date of this act (Sec. 3).

• Specifies that this act is to take effect October 1, 2021 (Sec. 4).

Full Bill Text

Vote Smart's Synopsis:

Vote to amend and pass a bill that requires DNA samples to be defined as the "exclusive property" of the person who submitted the sample.

Highlights:

• Establishes that this act may be cited as the “Protecting DNA Privacy Act” (Sec. 1).

• Defines “DNA analysis” to mean the medical and biological examination and analysis of a person's DNA, including DNA typing and genetic testing, to identify the presence and composition of genes in that person's body (Sec. 2).

• Defines “DNA sample” to mean any human biological specimen from which DNA can be extracted or the DNA extracted from such specimen (Sec. 2).

• Defines “exclusive property” to mean the right of the person whose DNA has been extracted or analyzed to exercise control over his or her DNA sample and any results of his or her DNA analysis with regard to the collection, use, retention, maintenance, disclosure, or destruction of such sample or analysis results (Sec. 2).

• Defines “express consent” to mean authorization by the person whose DNA is to be extracted or analyzed, or such person's legal guardian or authorized representative, evidenced by an affirmative action demonstrating an intentional decision, after the person receives a clear and prominent disclosure regarding the manner of collection, use, retention, maintenance, or disclosure of a DNA sample or results of a DNA analysis for specified purposes (Sec. 2).

• Establishes that, except as provided in s. 817.5655, a person or entity may only perform DNA analysis with express consent and the results of such DNA analysis, whether held by a public or private entity, are the exclusive property of the person tested, are confidential, and may not be disclosed without express consent (Sec. 2).

• Specifies that it is unlawful for a person to willfully, and without express consent, collect or retain another person's DNA sample with the intent to perform DNA analysis and that a person who violates this subsection commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083 (Sec. 3).

• Establishes that it is unlawful for a person to willfully, and without express consent, submit another person's DNA sample for DNA analysis or conduct or procure the conducting of another person's DNA analysis and that a person who violates this subsection commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084 (Sec. 3).

• Specifies that it is unlawful for a person to willfully, and without express consent, disclose another person's DNA analysis results to a third party, regardless of whether the DNA sample was originally collected, retained, or analyzed with express consent, and that a person who violates this subsection commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084 (Sec. 3).

• Establishes that each instance of collection or retention, submission or analysis, or disclosure in violation of this section constitutes a separate violation for which a separate penalty is authorized (Sec. 1).

• Specifies that this section and section 760.40 do not apply to a DNA sample, a DNA analysis, or the results of a DNA analysis used for the following purposes of (Sec. 3):

• Criminal investigation or prosecution;

• Complying with a subpoena, summons, or other lawful court order;

• Complying with federal law; 

• Medical diagnosis, conducting quality assessments, improvement activities, and treatment of a patient when:

• Express consent for clinical laboratory analysis of the DNA sample was obtained by the health care practitioner who collected the DNA sample; or

• Performed by a clinical laboratory certified by the Centers for Medicare and Medicaid Services;

• The newborn screening program established in s. 383.14;

• Determining paternity under s. 409.256 or s. 742.12(1);

• Performing any activity authorized under s. 943.325; or

• Conducting research, and designing and preparing such research, subject to the requirements of, and in compliance with, 45 C.F.R. part 46, 21 C.F.R. parts 50 and 56, or 45 C.F.R. parts 160 and 164; or utilizing information that is deidentified consistent with 45 C.F.R. parts 160 and 164 and that is originally collected and maintained for research subject to the requirements of, and in compliance with, 45 C.F.R. part 46, 21 C.F.R. parts 50 and 56, or 45 C.F.R. parts 160 and 164.

• Establishes that the provisions of this section and s. 760.40 apply only to a DNA sample collected from a person in Florida, and to use, retention, maintenance and disclosure of such person's DNA sample or the results of a DNA analysis after the effective date of this act (Sec. 3).

• Specifies that this act is to take effect October 1, 2021 (Sec. 4).

Full Bill Text