Florida/Georgia Personal Injury & Workers Compensation

...a current or potential threat to public safety.” § 943.0435(11). The DNA Statute requires any person who is convicted of certain crimes and is incarcerated or on supervisory release to submit two blood or tissue samples for DNA testing. § 943.325(1)(a)....

...battery, lewdness and indecent exposure, murder, aggravated battery, burglary, carjacking, home invasion robbery, robbery, robbery by sudden snatching, aggravated child abuse, aggravated abuse of an elderly or disabled person, and any felony involving the use of a firearm. § 943.325(1)(b).2 Here, Appellants allege in their complaint that they are all Florida residents required by Florida law to register as sex offenders and all have their photographs and identifying information posted on Florida’s sex offender website....

...grounds because they have greater post-release reporting burdens than other convicted felons. The Appellants also argued that the acts violated the separation 2 Those convicted of any felony offense will be required to submit to DNA testing beginning in July 2005. § 943.325(1)(b)(4). 6 of powers doctrine because they nullify judicial sentencing....

...Gauldin, Assistant Public Defender, Tallahassee, for Appellant. Robert A. Butterworth, Attorney General, and Janelle C. Gillaspie, Assistant Attorney General, Tallahassee, for Appellee. BARFIELD, J. This appeal requires us to review a finding that section 943.325, Florida Statutes, [1] is constitutional as applied to appellant....

...This juvenile appellant pled nolo contendere to a burglary charge, in exchange for which the state agreed to drop the other charge. Adjudication was withheld, and she was placed on community control. The state then requested, pursuant to section *1006 943.325, that she be compelled to give a blood sample for the purpose of DNA testing. Defense counsel objected and filed a motion to declare section 943.325 unconstitutional as applied to the offense of burglary, asserting that it violated "the Constitutional guarantees of the United States under the Fourth, Fifth and Eighth Amendments as incorporated into the Fourteenth Amendment, due pr...

...utweighs the minimal intrusion into the felon's privacy expectations." [3] As for the "overbroad" and equal protection challenges, the judge found that appellant "has not established that the legislature has targeted a suspect class in the change to Section 943.325" and that it appears "that the legislature has added burglary to the list of offenses for which one must give a DNA sample because of the number of persons who commit burglary and then go on to commit more violent crimes." The judge found that there was "a rational basis for the legislature's addition of burglary to 943.325" and that "the juvenile's expectation of equal protection under the Constitution has not been disappointed." [4] Finally, as to the claim that the DNA statute violates the state constitution's right to privacy protections, the judge found tha...

...le expectation of privacy, "society's interest in preventing members of the public from being exposed to HIV would be a sufficient compelling state interest to justify the infringement of that right." We find that a "convicted" person, as defined in section 943.325, has no reasonable expectation of privacy with respect to the taking of a blood sample for DNA testing that outweighs the state's interests in identifying convicted felons in a manner that cannot be circumvented, in apprehending crimi...

...Amendment or of Article I, section 12, of the Florida Constitution, would effectively nullify the constitutional amendment to section 12, which is not within the judicial prerogative. The order is AFFIRMED. MINER and POLSTON, JJ., concur. NOTES [1] Section 943.325(1), Florida Statutes, requires "any person" (including juveniles and adults) convicted of an enumerated offense (including sexual battery, lewd and lascivious offenses, homicide, aggravated battery, carjacking, homeinvasion robbery, and burglary) who is incarcerated or under court-ordered supervision to submit blood samples for DNA analysis. Section 943.325(10)(d) defines "conviction" for the purposes of the statute to include "a finding of guilty, or entry of a plea of nolo contendere or guilty, regardless of adjudication or, in the case of a juvenile, the finding of delinquency." [2] The trial judge cited the following cases: Landry v....

...argument at the penalty phase of a capital trial. Finally, in accordance with the amended petition filed by the Criminal Procedure Rules Committee August 26, 1996, the rule 3.986(b) judgment form has been amended to comport with recent amendments to section 943.325, Florida Statutes (1995)....

..._ ______ ______ _____ _____ __________ ______ ______ ______ _____ and no cause being shown why the defendant should not be adjudicated guilty, IT IS ORDERED THAT the defendant is hereby ADJUDICATED GUILTY of the above crime(s). _____ and pursuant to section 943.325, Florida Statutes, having been convicted or found guilty of, or having entered a plea of nolo contendere or guilty, regardless of adjudication, to attempts or offenses relating to sexual battery (ch. 794) or, lewd and lascivious conduct (ch. 800), or murder (s. 782.04), aggravated battery (s. 784.045), carjacking (s. 812.133), or home invasion robbery (s. 812.135), or any other offense specified in section 943.325, the defendant shall be required to submit blood specimens....

...During the 2001 regular session, and after the Criminal Rules Committee filed its original petition, the Legislature passed DNA legislation, which, among other things, provides for postsentencing DNA testing. See Fla. CS for CS for SB 366 (2001), ch.2001-97, Laws of Fla. (creating §§ 925.11 and 943.3241 and amending § 943.325, Fla....

...nolo contendere pleas. Chapter 2001-97, section 1, also creates section 925.11(2)(h), Florida Statutes, which provides for court-ordered DNA testing to be conducted by the Florida Department of Law Enforcement (FDLE) or its designee, as provided in section 943.3251. See ch.2001-97, section 2, Laws of Fla. (creating § 943.3251(1) which provides that FDLE or its designee shall carry out court-ordered DNA testing)....

...___ ___________ ____________ ____________ __________ ________ ____ and no cause being shown why the defendant should not be adjudicated guilty, IT IS ORDERED THAT the defendant is hereby ADJUDICATED GUILTY of the above crime(s). ____ and pursuant to section 943.325, Florida Statutes, having been convicted of attempts or offenses relating to sexual battery (ch....

...Thereafter, Miles moved to exclude the DNA evidence on the grounds that the state forwarded the samples to the FBI for analysis, in contravention of the court's order. The court denied his motion. Miles cannot challenge the taking of his samples because he acquiesced to it. Rather, he rests his challenge primarily on section 943.325, Florida Statutes (1999)....

...Taylor next argues that condition 43, which requires him to pay for the cost of drawing a DNA blood sample, should be stricken because it is a special condition of probation which was not orally pronounced. We disagree. Taylor was convicted of unlawful sexual activity with a minor under chapter 794, Florida Statutes (1997). Section 943.325(1), Florida Statutes (1997), requires any individual who has been convicted under that chapter to provide two DNA samples to FDLE. Section 948.03(10) and (11), Florida Statutes (1997), provides that as a condition of probation, any individual convicted for an offense under section 943.325 shall submit to the procedure, and shall reimburse the appropriate agency for the cost of drawing and transmitting the samples to FDLE....

...ng barring testimony that Smalley had possessed and or discharged the firearm involved in this case, on a prior occasion; and that the trial court erred in requiring Smalley, at sentencing, to submit biological specimens for DNA analysis pursuant to section 943.325....

...Smalley also had previously admitted at trial, that he knew the gun was in working order. We fail to see how the admission of this testimony contributed to the verdict against Smalley. State v. DiGuilio, 491 So.2d 1129 (Fla.1986). With regard to Smalley's third point on appeal, his primary argument is that section 943.325 Florida Statutes (2002) is unconstitutional because the taking of DNA samples violates his 4th amendment rights. In this case, at sentencing, the trial court ordered that Smalley be required to submit blood specimens, pursuant to section 943.325....

...The question under the harmless error standard is whether there is a reasonable possibility that the error affected the verdict. Williams. If the appellate court cannot say beyond a reasonable doubt that the error did not affect the verdict, then the error is harmful by definition. Williams. [3] Section 943.325, Florida Statutes (2002) provides in part: (1)(a) Any person who is convicted or was previously convicted in this state for any offense or attempted offense enumerated in paragraph (b), and any person who is transferred to this state...

...Thirteen years after Morrow pled guilty to false imprisonment with a deadly weapon, and nearing the end of his probation, the Department of Corrections (DOC) filed a motion to compel Morrow to provide blood and saliva samples for DNA testing. Morrow asserts that he should not be subject to DNA testing, pursuant to section 943.325, Florida Statutes, because the tests would be an untimely modification of his sentence and impose a special condition of probation not imposed at sentencing....

...Morrow was convicted of one of the offenses enumerated under section (1)(b) of the statute and is on probation in Florida, placing him within the purview of the statute. Morrow is not entitled to relief, as the statute and the DNA testing requirement *1086 is an appropriate use of state power. We conclude that section 943.325 is applicable retroactively....

...whether the law alters the definition of criminal conduct or increases the penalty by which a crime is punishable. See Gwong v. Singletary, 683 So.2d 109, 112 (Fla.1996), cert. denied, 519 U.S. 1142, 117 S.Ct. 1018, 136 L.Ed.2d 894 (1997). Although section 943.325 is retrospective in its effect, it does not alter the elements of Morrow's criminal conduct or increase the penalty for his crime and, therefore, the application of the statute is not an ex post facto violation....

...4th DCA 2000) (stating that reporting and notification requirements of the Sexual Predator Act are regulatory and procedural in nature and, consequently, do not violate the ex post facto clause); see also Gonzalez v. State, 869 So.2d 1231 (Fla. 2d DCA 2004) (holding section 943.325 constitutional)....

...Crist, Jr., Attorney General, Tallahassee, and Marilyn Muir Beccue, Assistant Attorney General, Tampa, for Appellee. THREADGILL, EDWARD F., Senior Judge. Wesley Gonzalez appeals from the trial court's order denying his motion for an injunction to prevent the State from obtaining a blood sample from him for DNA analysis under section 943.325, Florida Statutes (2002)....

...State, 805 So.2d 1004 (Fla. 1st DCA 2001), review denied, 821 So.2d 297 (Fla.2002). However, we agree, and the State concedes, that the felony Gonzalez committed, conspiracy to commit sexual battery, is not presently one of the felonies enumerated in section 943.325 requiring Gonzalez to submit to DNA testing....

...The court reserved jurisdiction to enter a restitution order for both counts. Criminal mischief is a second-degree misdemeanor when, as in this case, the amount of damage resulting from the criminal mischief is $200 or less. § 806.13(1)(b)(1), Fla. Stat. (2004). Section 943.325, Florida Statutes (2004), requires any person who has been convicted of certain offenses to submit to DNA testing. See § 943.325(1)(b) (enumerating the offenses that trigger the DNA testing requirement). This section applies to juvenile offenders as well as adults. § 943.325(1)(c). However, misdemeanor criminal mischief is not one of the offenses that triggers the DNA testing requirement. § 943.325(1)(b). A.M. argues that because he had no history of an adjudication or a withhold of adjudication for any offense listed in section 943.325, the juvenile court erred in requiring him to submit to DNA testing for count II....

...negotiated plea agreement. Adjudication of delinquency was withheld only as to the burglary charge. On May 10, 2001, K.H. was sentenced to community control and, over objection, was ordered to submit two samples of blood for DNA testing pursuant to section 943.325, Florida Statutes (2000), which provides in pertinent part: (1)(a) Any person who is convicted or was previously convicted in this state for any offense or attempted offense defined in chapter 794, chapter 800, s....

...community control, parole, conditional release, control release, or any other court-ordered supervision, shall be required to submit two specimens of blood to a Department of Law Enforcement designated testing facility as directed by the department. § 943.325(1)(a)1., 2., Fla....

...The burglary charge falls within the definition of offenses addressed in section 810.02 of the Florida Statutes. "Any person" includes "both juveniles and adults committed to or under the supervision of the Department of Corrections or the Department of Juvenile Justice or committed to a county jail." § 943.325(1)(b), Fla. Stat. (2000). On June 18, 2001, K.H. filed a motion to modify probation, arguing that the condition requiring her to submit the DNA samples should be eliminated because section 943.325 only applies to individuals who have been or are still incarcerated. The trial court denied the motion and K.H. appeals. Our research has not revealed any case that has specifically interpreted the portions of section 943.325 that are applicable to the instant case....

...Mark Marks, P.A., 698 So.2d 533 (Fla.1997); Holly v. Auld, 450 So.2d 217 (Fla.1984). According to the clear and plain meaning of the statutory language, subparagraph 1. only applies to convicted persons who are "still incarcerated." Because K.H. was not incarcerated, the only portion of section 943.325 that arguably applies is subparagraph 2., which provides that a "convicted" person who is "[n]o longer incarcerated but is within the confines of the legal state boundaries and is on ......

...community control ... shall be required to submit two specimens of blood...." Obviously, to be "no longer incarcerated," one must have been incarcerated. In the instant case, K.H. was never incarcerated. Thus, the statute is inapplicable. We note that section 943.325 has been amended and that the 2001 version, which became effective on July 1, 2001, differs significantly from the 2000 version. [2] The addition of the language "or has never been incarcerated" in the 2001 version of section 943.325(1)(a)2....

...samples must be stricken. The remaining portion of the sentence is affirmed. AFFIRMED as MODIFIED. PETERSON and ORFINGER, R. B., JJ., concur. NOTES [1] Although we have not found any Florida case that has specifically interpreted the 2000 version of section 943.325, the statute has been held constitutional. In L.S. v. State, 805 So.2d 1004 (Fla. 1st DCA 2001), review denied, 821 So.2d 297 (2002), L.S., a juvenile, pled nolo contendere to a burglary charge. Adjudication was withheld, and L.S. was placed on community control. Pursuant to section 943.325, the state requested that L.S. be required to give a blood sample for DNA testing. Defense counsel objected and filed a motion to declare section 943.325 unconstitutional as applied to the offense of burglary, asserting that it violated several constitutional guarantees. The trial court found section 943.325 was constitutional as applied to L.S. The First District Court agreed, concluding that a "convicted" person, as defined in section 943.325, has no reasonable expectation of privacy with respect to the taking of a blood sample for DNA testing that outweighs the state's interests in identifying convicted felons in a manner that cannot be circumvented, in apprehending crimi...

...preventing recidivism, and in absolving innocent persons charged with crimes. L.S., 805 So.2d at 1008. Although L.S. is factually similar to the instant case, it is unclear whether the First District Court was addressing the 2000 or 2001 version of section 943.325....

...Since the First District Court did not address the actual application of the statute to L.S.'s plea and sentence, it is more likely that the court considered the 2001 version which specifically requires blood samples to be submitted by individuals who have not been incarcerated. See § 943.325(1)(a)2., Fla. Stat. (2001). Otherwise, the court would have had to address the very issue presented by K.H. in the instant appeal. [2] The 2001 version of section 943.325 provides in pertinent part: (1)(a) Any person who is convicted or was previously convicted in this state for any offense or attempted offense enumerated in paragraph (b), and any person who is transferred to this state under Article V...

...f court-ordered supervision, shall be required to submit two specimens of blood or other biological specimens approved by the Department of Law Enforcement to a Department of Law Enforcement designated testing facility as directed by the department. § 943.325(1)(a)1., 2., Fla....

...The child .....has been adjudicated delinquent/has entered a plea of no contest/has entered a plea of guilty ..... to an offense under Chapter 794 or 800, sections 782.04, 784.045, 810.02, 812.133, 812.135, Florida Statutes, or any other offense specified in section 943.325, Florida Statutes, and the child is required to submit blood specimens under section 943.325, Florida Statutes....

BARFIELD, J. This appeal requires us to review a finding that section 943.325, Florida Statutes, 1 is constitutional as applied to appellant....

...This juvenile appellant pled nolo conten-dere to a burglary charge, in exchange for which the state agreed to drop the other charge. Adjudication was withheld, and she was placed on community control. The state then requested, pursuant to sec *1006 tion 943.325, that she be compelled to give a blood «ampie for the purpose of DNA testing. Defense counsel objected and filed a motion to declare section 943.325 unconstitutional as applied to the offense of burglary, asserting that it violated “the Constitutional guarantees of the United States under the Fourth, Fifth and Eighth Amendments as incorporated into the Fourteenth Amendment, due...

...the minimal intrusion into the felon’s privacy expectations.” 3 As for the “overbroad” and equal protection challenges, the judge found that appellant “has not established that the legislature has targeted a suspect class in the change to Section 943.325” and that it appears “that the legislature has added burglary to the list of offenses for which one must give a DNA sample because of the number of persons who commit burglary and then go on to commit more violent crimes.” The judge found that there was “a rational basis for the legislature’s addition of burglary to 943.325” and that “the juvenile’s expectation of equal protection under the Constitution has not been disappointed.” 4 ....

...tion of privacy, “society’s interest in preventing members of the public from being exposed to HIV would be a sufficient compelling state interest to justify the infringement of that right.” We find that a “convicted” person, as defined in section 943.325, has no reasonable expectation of privacy with respect to the taking of a blood sample for DNA testing that outweighs the state’s interests in identifying convicted felons in a manner that cannot be circumvented, in apprehending cri...

...Fourth Amendment or of Article I, section 12, of the Florida Constitution, would effectively nullify the constitutional amendment to section 12, which is not within the judicial prerogative. The order is AFFIRMED. MINER and POLSTON, JJ„ concur. . Section 943.325(1), Florida Statutes, requires "any person” (including juveniles and adults) convicted of an enumerated offense (including sexual battery, lewd and lascivious offenses, homicide, aggravated battery, carjacking, homeinvasion robbery, and burglary) who is incarcerated or under court-ordered supervision to submit blood samples for DNA analysis. Section 943.325(10)(d) defines "conviction” for the purposes of the statute to include "a finding of guilty, or entiy of a plea of nolo contendere or guilty, regardless of adjudication or, in the case of a juvenile, the finding of delinquency.” ....

...and no cause being shown why the defendant should not be adjudicated guilty, IT IS ORDERED THAT the defendant is hereby ADJUDICATED GUILTY of the above crime(s). and being a qualified offender pursuant to section 943.325, Florida Statutes, the defendant shall be required to submit DNA samples as required by law. and good cause being shown; IT IS ORDERED THAT ADJUDICATION OF GUILT BE WITHHELD. DONE...

...Restitution in accordance with attached order. $201 pursuant to section 938.08, Florida Statutes (Funding Programs in Domestic Violence). A sum of $ for the cost of collecting the DNA sample required by section 943.325, Florida Statutes. Other [Insert list of mandatory fines, discretionary fines, and restitution, if any.] DONE AND ORDERED in open court in County, Florida, on .....(date).........

...(This condition applies only if section 3 on the previous page is checked.) Otherwise, you must report immediately to the probation office located at . (12) You shall submit to the drawing of blood or other biological specimens as required by section 943.325, Florida Statutes. (13) You shall submit to the taking of a digitized photograph as required by section 948.03, Florida Statutes. - 59 -  SP...

...(This condition applies only if section 3 on the previous page is checked.) Otherwise, you must report immediately to the probation office located at . (15) You shall submit to the drawing of blood or other biological specimens as required by section 943.325, Florida Statutes. (16) You shall submit to the taking of a digitized photograph as required by section 948.101, Florida Statutes. SPECIAL CONDITIONS You must undergo a (drug/al...

...These statutes have been amended as DNA technology has evolved. 42 U.S.C. § 14132(d) “mandates expungement of DNA samples upon an arrestee’s showing of discharge or acquittal or a convict’s showing that the conviction was overturned.”12 In Florida, section 943.325, Florida Statutes (2012), titled “DNA database,” begins, “The Legislature finds that DNA databases are important tools in criminal investigations, in the exclusion of individuals who are the subject of criminal investigations...

...A separate statute, section 760.40, Florida Statutes (2012), the “DNA Database Act,” regulates the performance and use of DNA analysis, but does not apply to “criminal prosecution,” determinations of paternity, or DNA analysis conducted under section 943.325....

...The child .....has been adjudicated delinquent/has entered a plea of no contest/has entered a plea of guilty ..... to an offense under Chapter 794 or 800, sections 782.04, 784.045, 810.02, 812.133, 812.135, Florida Statutes, or any other offense specified in section 943.325, Florida Statutes, and the child is required to submit blood specimens under section 943.325, Florida Statutes....

...nviction for sexual battery in Mikler v. State, 829 So.2d 932 (Fla. 4th DCA 2002). We concur with the reasoning expressed in that decision. The third issue presented by Mr. Springer posits that the requirement that he give DNA samples as required by section 943.325, Florida Statutes (2002), violates his Fourth Amendment right to be free from unlawful searches....

...4th DCA 2008) (reversing “for resentencing without sexual offender probation” and providing that the trial court “may impose probation and special conditions of probation which reasonably relate to the underlying charges”). Additionally, the trial court erred in requiring DNA testing of the juvenile. Section 943.325, Florida Statutes (2007), requires any person convicted of certain enumerated offenses to submit to DNA testing. This provision “applies to juvenile offenders as well as adults.” AM. v. State, 958 So.2d 461, 464 (Fla. 2d DCA 2007). The new law violations charged in the violation of probation affidavit are among those enumerated in the DNA statute. § 943.325(1) (conviction of offenses in chapter 800)....

...4th DCA 2008) (reversing "for resentencing without sexual offender probation" and providing that the trial court "may impose probation and special conditions of probation which reasonably relate to the underlying charges"). Additionally, the trial court erred in requiring DNA testing of the juvenile. Section 943.325, Florida Statutes (2007), requires any person convicted of certain enumerated offenses to submit to DNA testing. This provision "applies to juvenile offenders as well as adults." A.M. v. State, 958 So.2d 461, 464 (Fla. 2d DCA 2007). The new law violations charged in the violation of probation affidavit are among those enumerated in the DNA statute. § 943.325(1) (conviction of offenses in chapter 800)....

...If he files such an objection, the trial court shall strike the $400 lien, but may reimpose it after providing Mr. James notice and a hearing. We approve the $20 reimbursement imposed for the cost of withdrawing and transmitting Mr. James' blood specimen to the Florida Department of Law Enforcement pursuant to section 943.325(8)(a), Florida Statutes (1995)....

...xcept for purposes of criminal prosecution, except for purposes of determining paternity as provided in s. 409.256 or s. 742.12(1), and except for purposes of acquiring specimens from persons convicted of certain offenses or as otherwise provided in s. 943.325, DNA analysis may be performed only with the informed consent of the person to be tested, 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 the consent of the person tested....

...(2)(a) Except for purposes of criminal prosecution, except for purposes of determining paternity as provided in s. 409.256 or s. 742.12(1), and except for purposes of acquiring specimens from persons convicted of certain offenses or as otherwise provided in s. 943.325, DNA analysis may be performed only with the informed consent of the person to be tested, 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 the consent of the person tested....

...ty. If the information was used in any decision that resulted in a denial, the analysis must be repeated to verify the accuracy of the first analysis, and if the first analysis is found to be inaccurate, the denial must be reviewed. [6] For example, section 943.325(8), Florida Statutes provides for the involuntary collection of DNA samples and even authorizes the use of reasonable force if necessary; section 943.325(13) provides for the results of DNA analysis performed under that section to be placed in a statewide database accessible by an assortment of criminal justice agencies; section 742.12(3), Florida Statutes provides that the results of tests ordered pursuant to that section be filed in the court file....

...l’s error, Morris would not have entered a plea and instead would have insisted on going to trial. Finally, we address Morris’ argument the condition of his probation that he submit blood or other biological specimens for DNA testing pursuant to section 943.325 is unconstitutional....

...ble and does not violate the fourth amendment. United States v. Kincade, 379 F.3d 813 (9th Cir.2004), cert. denied, — U.S. -, 125 S.Ct. 1638 , 161 L.Ed.2d 483 (2005). This court and our sister courts have also rejected constitutional challenges to section 943.325....

...5th DCA *435 2004) (statutory requirement that defendant, who was convicted of lewd and lascivious molestation, provide DNA samples did not violate his fourth amendment right to be free from unlawful searches); Gonzalez v. State, 869 So.2d 1231 (Fla. 2d DCA 2004) (finding no merit to defendant’s argument that section 943.325 is unconstitutional); L.S....

...of privacy under state constitution). Thus both Florida and the case relied on by defense counsel have rejected the claim that compulsory DNA testing violates the fourth amendment. Defense counsel did not raise the other constitutional challenges to section 943.325 and so these issues have not been preserved for review....

W. SHARP, Judge. Aranjo challenges on appeal a special condition of his probation that he submit to blood testing by the Department of Law Enforcement, as required by section 943.325....

...Originally, the information filed against him charged he had committed a lewd or lascivious assault upon a child, in violation of section 800.04(1), over a three-year time span (1990 through 1993). The information was amended December 1996 to charge him only with aggravated assault. We strike the challenged condition. Section 943.325 provides that any person who is convicted or has been convicted of any offense or attempted offense defined in chapter 794, chapter 800, sections 782.04, 784.045, 812.133 or 812.135, shall be required to submit two specimens of blood to the Department for purposes of DNA analysis, the results of which are entered into a database. However, section 784.021(l)(b) was never one of the crimes listed in any version of section 943.325. Defense counsel pointed out at sentencing that the blood test requirement had been waived by the state’s amendment of the information and the plea. Under these circumstances, there is no authority pursuant to section 943.325 to require the blood test....

...During the 2001 regular session, and after the Criminal Rules Committee filed its original petition, the Legislature passed DNA legislation, which, among other things, provides for post-sentencing DNA testing. See Fla. CS for CS for SB 366 (2001), ch.2001-97, Laws of Fla. (creating §§ 925.11 and 943.3241 and amending § 943.325, Fla....

...Code Scoresheet, 19 So.3d 274 (Fla.2009). The Committee further proposes amending rule 3.986 to reflect recent legislative changes that affect a number of forms under the rule. In chapter 2009-190, section 2, Laws of Florida, the Legislature amended section 943.325 pertaining to the collection of DNA samples from qualified offenders....

...o attempts or offenses relating to sexual battery (ch. 794), lewd and lascivious conduct (ch. 800), or murder (s.782.04), aggravated battery (s.784.045), carjacking (s.812.133), or home invasion robbery (s.812.135), or any other offense specified in section 943.325being a qualified offender pursuant to s. 943.325, the defendant shall be required to submit blood specimens DNA samples as required by law....

...___ A sum of $___ pursuant to section 27.56, Florida Statutes (Public Defender Fees). ___ Restitution in accordance with attached order. ___ $201 pursuant to section 938.08, Florida Statutes (Funding Programs in Domestic Violence). ___ A sum of $ ___ for the cost of collecting the DNA sample required by s. 943.325, Florida Statutes....

...*6 (This condition applies only if section 3 on the previous page is checked.) Otherwise, you must report immediately to the probation office located at ______. (12) You shall submit to the drawing of blood or other biological specimens as required by s. 943.325, Florida Statutes....

...(This condition applies only if section 3 on the previous page is checked.) Otherwise, you must report immediately to the probation office located at ______. (15) You shall submit to the drawing of blood or other biological specimens as required by s. 943.325, Florida Statutes....

812.135), or any other offense specified in section 943.325, the defendant shall be required to submit

...ity service in lieu of these costs and fees. . The child .....has been adjudicated delinquent/has entered a pica of no contest/has entered a plea of guilty.to a felony or an enumerated misdemeanor, and the child is required to submit specimens under section 943.325, Florida Statutes....

...wn why the defendant should not be adjudicated guilty, IT IS ORDERED THAT the defendant is hereby ADJUDICATED GUILTY of the above crime(s). and being a qualified offender pursuant to s.ection 943.325, Florida Statutes, the defendant shall be required to submit DNA samples as required by law. and good cause being shown; IT IS ORDERED THAT ADJUDICATION OF GUILT BE WITHHELD. DO...

...$201 pursuant to section 938.08, Florida Statutes (Funding Programs in Domestic Violence). - 26 -  A sum of $ for the cost of collecting the DNA sample required by s.ection 943.325, Florida Statutes. Other DONE AND ORDERED in open court in County, Florida, on .....(date)...... Judge - 27 - ...

...(This condition applies only if section 3 on the previous page is checked.) Otherwise, you must report immediately to the probation office located at . (12) You shall submit to the drawing of blood or other biological specimens as required by s.ection 943.325, Florida Statutes. (13) You shall submit to the taking of a digitized photograph as required by s.ection 948.03, Florida Statutes. SPECIAL CONDITIONS You must undergo a (drug/alcohol) eva...

...(This condition applies only if section 3 on the previous page is checked.) Otherwise, you must report immediately to the probation office located at . (15) You shall submit to the drawing of blood or other biological specimens as required by s.ection 943.325, Florida Statutes. (16) You shall submit to the taking of a digitized photograph as required by s.ection 948.101, Florida Statutes. SPECIAL CONDITIONS You must undergo a (drug/alcohol) eva...

... and no cause being shown why the defendant should not be adjudicated guilty, IT IS ORDERED THAT the defendant is hereby ADJUDICATED GUILTY of the above crime(s). and being a qualified offender pursuant to section 943.325, Florida Statutes, the defendant shall be required to submit DNA samples as required by law. and good cause being shown; IT IS ORDERED THAT ADJUDICATION OF GUILT BE WITHHELD. D...

...The child has violated Chapter 794, The child ... .has been adjudicated delinquent/has entered a plea of no contesUhas entered a plea of guilty -to an offense under F.S. Chapter 794, of 800, F.S. 782.04, 784.045, 810.02, 812.133, 812.135, or any other offense specified in F.S. 943.325 and the child is required to submit blood specimens under F.S. 943.325....

...Spear argues that this court should reverse with directions to strike the requirement that he submit blood specimens because the trial court cited the incorrect statutory provision to support that order and Spear is no longer in Florida. 1 Spear concedes that section 943.325(l)(a), Florida Statutes (1993), would provide authority to require Spear to submit blood specimens if he resided in Florida....

...and lascivious conduct, shall, upon conviction, be required to submit two specimens of blood to a Department of Law Enforcement designated testing facility as directed by the department. Id. (emphasis added.) Because Spear was convicted in Florida, section 943.325(l)(a) applies to him regardless of the fact that he currently resides out-of-state. Therefore, we remand for correction of the judgment and sentence to require Spear to submit blood samples pursuant to section 943.325(l)(a)....

...o attempts or offenses relating to sexual battery (ch. 794), lewd and lascivious conduct (ch. 800), or murder (s.782.04), aggravated battery (s.784.045), carjacking (s.812.133), or home invasion robbery (s.812.135), or any other offense specified in section 943.325, the defendant shall be required to submit blood specimens....

...Moore, Executive Director Florida Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 Dear Commissioner Moore: You ask substantially the following question: Does the term "any person convicted in this state" as provided in section 943.325 (1), Florida Statutes, which authorizes the submission of blood specimens to the Florida Department of Law Enforcement for the DNA data base, include minor offenders who are adjudicated delinquent rather than convicted as those terms are used in section 39.053(4), Florida Statutes? In sum: The term "any person convicted in this state" for purposes of section 943.325 (1), Florida Statutes, would appear to encompass minor offenders who are convicted of the offenses enumerated in section 943.325 (1), Florida Statutes, in juvenile court. Section 943.325 (1), Florida Statutes, provides: (a) Any person convicted in this state on or after January 1, 1990, of any offense or attempted offense defined in chapter 794, relating to sexual battery, or of any offense or attempted offense under...

...limited to, classifying, matching, and storing analyses of DNA and other biological molecules available to all criminal justice agencies. 4 According to your letter, FDLE is concerned about its authority to accept juvenile blood samples pursuant to section 943.325 , Florida Statutes, as the statute does not refer to an adjudication or finding of delinquency in lieu of conviction. Section 943.325 , Florida Statutes, requires DNA testing upon conviction of certain offenses, not for the purpose of identifying the defendant as the person who committed the crime for which he was convicted, but for the purpose of identifying him for a potential future crime....

...crime by such offenders by facilitating the identification of such individuals for potential future crimes. 5 Such purpose is not served by reading the statute in such a manner as to ex-clude juveniles convicted of the serious offenses set forth in section 943.325 , Florida Statutes, from the data base....

...consecutive years from the most recent date of release from confinement, supervision, or sanction, whichever is later, to the date of the primary offense. 11 (e.s.) In light of the above, the term "any person convicted in this state" for purposes of section 943.325 (1), Florida Statutes, would appear to encompass juveniles who have been found to have committed the offenses enumerated in the statute even though the juvenile is prosecuted in juvenile court....

...Accordingly, I am of the opinion that the submission of blood specimens of persons convicted in this state for certain offenses to the Florida Department of Law Enforcement for the DNA data base, includes juvenile offenders who have been convicted in juvenile court of having committed the offenses set forth in section 943.325 (1), Florida Statutes. Sincerely, Robert A. Butterworth Attorney General RAB/tjw 1 Section 943.325 (3), Fla. Stat. (1993). 2 Section 943.325 (4), Fla. Stat. (1993). 3 Section 943.325 (5), Fla....

...(1993), defining "Criminal justice agency" to mean a court, FDLE, or any other governmental agency or subunit thereof that performs the administration of criminal justice pursuant to a statute or rule of court and which allocates a substantial part of its annual budget to the administration of criminal justice. 4 Section 943.325 (6), Fla....

...Thereafter, Miles moved to exclude the DNA evidence on the grounds that the state forwarded the samples to the FBI for analysis, in contravention of the court’s order. The court denied his motion. Miles cannot challenge the taking of his samples because he acquiesced to it. Rather, he rests his challenge primarily on section 943.325, Florida Statutes (1999)....

...The court reserved jurisdiction to enter a restitution order for both counts. Criminal mischief is a second-degree misdemeanor when, as in this case, the amount of damage resulting from the criminal mischief is $200 or less. § 806.13(l)(b)(l), Fla. Stat. (2004). Section 943.325, Florida Statutes (2004), requires any person who has been convicted of certain offenses to submit to DNA testing. See § 943.325(l)(b) (enumerating the offenses that trigger the DNA testing requirement). This section applies to juvenile offenders as well as adults. § 943.325(l)(c). However, misdemeanor criminal mischief is not one of the offenses that triggers the DNA testing requirement. § 943.325(l)(b). A.M. argues that because he had no history of an adjudication or a withhold of adjudication for any offense listed in section 943.325, the juvenile court erred in requiring him to submit to DNA testing for count II....

...For one count, the court ordered Gary to serve a new term of probation. As the State properly concedes, the trial court erred in ordering Gary to provide a DNA sample as a condition of probation pursuant to section 948.014(1), Florida Statutes (2011), because he does not meet the requirements of section 943.325(2)(g), Florida Statutes (2011)....

...It also applies the presumption of validity to probation, community control and restitution orders. An amended judgment form is contained in subdivision (b). One of the amendments to the judgment form was made at the suggestion of the Florida Department of Law Enforcement to assist in implementing section 943.325, Florida Statutes (1991), which requires DNA testing and analysis to be performed on blood samples taken from all persons convicted of violations of chapters 794 and 800, Florida Statutes....

...f nolo contendere to the following crime(s) [[Image here]] and no cause having beenbeing shown why the ©defendant should not be adjudicated guilty, IT IS ORDERED THAT the defendant is hereby ADJUDICATED GUILTY of the above crime(s). and pursuant to section 943.325, Florida Statutes, having been convicted of attempts or offenses relating to sexual battery (ch....

...rated misdemeanor, offense-under Cohapter 794 or-800, sections 782.Q4t-784-.045, 810.02,812.13¾ 812.135; -Florida-Statutes -or any other offense-specified in section 943.825; Florida Statute^ and the child is required to submit Weed-specimens under section 943.325, Florida Statutes....

...g Chief Judge. Robert R. Carra appeals an order entered pursuant to section 948.325, Florida *722 Statutes (1997), compelling him to submit a blood sample. We conclude that Carra was not subject to the mandate of the statute and, therefore, reverse. Section 943.325, Florida Statutes (1997), sets forth procedures by which blood samples may be collected, analyzed and entered into a statewide automated personal identification system maintained by Florida Department of Law Enforcement....

...negotiated plea agreement. Adjudication of delinquency was withheld only as to the burglary charge. On May 10, 2001, K.H. was sentenced to community control and, over objection, was ordered to submit two samples of blood for DNA testing pursuant to section 943.325, Florida Statutes (2000), which provides in pertinent part: (l)(a) Any person who is convicted or was previously convicted in this state for any offense or attempted offense defined in chapter 794, chapter 800, s....

...community control, parole, conditional release, control release, or any other court-ordered supervision, shall be required to submit two specimens of blood to a Department of Law Enforcement designated testing facility as directed by the department. § 943.325(l)(a)l., 2., Fla....

...The burglary charge falls within the definition of offenses addressed in section 810.02 of the Florida Statutes. “Any person” includes “both juveniles and adults committed to or under the supervision of the Department of Corrections or the Department of Juvenile Justice or committed to a county jail.” § 943.325(l)(b), Fla. Stat. (2000). On June 18, 2001, K.H. filed a motion to modify probation, arguing that the condition requiring her to submit the DNA samples should be eliminated because section 943.325 only applies to individuals who have been or are still incarcerated. The trial court denied the motion and K.H. appeals. Our research has not revealed any case that has specifically interpreted the portions of section 943.325 that are applicable to the instant case....

...Mark Marks, P.A., 698 So.2d 533 (Fla.1997); Holly v. Auld, 450 So.2d 217 (Fla.1984). According to the clear and plain meaning of the statutory language, subpara-graph 1. only applies to convicted persons who are “still incarcerated.” Because K.H. was not incarcerated, the only portion of section 943.325 that arguably applies is subparagraph 2., which provides that a “convicted” person who is “[n]o longer incarcerated but is within the confines of the legal state boundaries and is on ......

...community control ... shall be required to submit two specimens of blood .... ” Obviously, to be “no longer incarcerated,” one must have been incarcerated. In the instant case, K.H. was never incarcerated. Thus, the statute is inapplicable. We note that section 943.325 has been amended and that the 2001 version, which became effective on July 1, 2001, differs significantly from the 2000 version. 2 The addition of the language “or has never been incarcerated” in the 2001 version of section 943.325(l)(a)2....

...A blood samples must be stricken. The remaining portion of the sentence is affirmed. AFFIRMED as MODIFIED. PETERSON and ORFINGER, R. B., JJ., concur. . Although we have not found any Florida case that has specifically interpreted the 2000 version of section 943.325, the statute has been held constitutional. In L.S. v. State, 805 So.2d 1004 (Fla. 1st DCA 2001), review denied, 821 So.2d 297 (2002), L.S., a juvenile, pled nolo contendere to a burglary charge. Adjudication was withheld, and L.S. was placed on community control. Pursuant to section 943.325, the state requested that L.S. be required to give a blood sample for DNA testing. Defense counsel objected and filed a motion to declare section 943.325 unconstitutional as applied to the offense of burglary, asserting that it violated several constitutional guarantees. The trial court found section 943.325 was constitutional as applied to L.S. The First District Court agreed, concluding that a "convicted” person, as defined in section 943.325, has no reasonable expectation of privacy with respect to the taking of a blood sample for DNA testing that outweighs the state’s interests in identifying convicted felons in a manner that cannot be circumvent *1204 ed, in apprehend...

...preventing recidivism, and in absolving innocent persons charged with crimes. L.S., 805 So.2d at 1008 . Although L.S. is factually similar to the instant case, it is unclear whether the First District Court was addressing the 2000 or 2001 version of section 943.325....

...Since the First District Court did not address the actual application of the statute to L.S.'s plea and sentence, it is more likely that the court considered the 2001 version which specifically requires blood samples to be submitted by individuals who have not been incarcerated. See § 943.325(1)(a)2., Fla. Stat. (2001). Otherwise, the court would have'had to address the very issue presented by K.H. in the instant appeal. . The 2001 version of section 943.325 provides in pertinent part: (l)(a) Any person who is convicted or was previously convicted in this state for any offense or attempted offense enumerated in paragraph (b), and any person who is transferred to this state under Article V...

...f court-ordered supervision, shall be required to submit two specimens of blood or other biological specimens approved by the Department of Law Enforcement to a Department of Law Enforcement designated testing facility as directed by the department. § 943.325(l)(a)l„ 2., Fla....

...Restitution in accordance with attached order. $201 pursuant to section 938.08, Florida Statutes (Funding Programs in Domestic Violence). A sum of $ for the cost of collecting the DNA sample required by section 943.325, Florida Statutes. Other [Insert list of mandatory fines, discretionary fines, and restitution, if any.] DONE AND ORDERED in open court in County, Florida, on .....(date).........

...(This condition applies only if section 3 on the previous page is checked.) Otherwise, you must report immediately to the probation office located at . (12) You shall submit to the drawing of blood or other biological specimens as required by section 943.325, Florida Statutes. (13) You shall submit to the taking of a digitized photograph as required by section 948.03, Florida Statutes. - 56 -  SP...

...(This condition applies only if section 3 on the previous page is checked.) Otherwise, you must report immediately to the probation office located at . (15) You shall submit to the drawing of blood or other biological specimens as required by section 943.325, Florida Statutes. (16) You shall submit to the taking of a digitized photograph as required by section 948.101, Florida Statutes. SPECIAL CONDITIONS You must undergo a (drug/al...

...ect the community, which was supported by a preponderance of the evidence. See J.L.K. v. State, 894 So.2d 984 (Fla. 1st DCA 2004); Q.L.J. v. State, 714 So.2d 628 (Fla. 1st DCA 1998). However, the trial court erred *1282 when it ordered a DNA sample. Section 943.325, Florida Statutes (2006), does not permit the trial court to order Appellant to provide a DNA sample subsequent to a conviction for possession of a firearm by a minor. See § 943.325(1)(b)(4) (DNA collection authorized only for a “felony” violation of chapter 790)....

...The state appeals from an order of the trial court suppressing blood samples taken from the defendant and all information resulting from the testing of these samples. The trial court’s ruling was based on a determination that the blood was illegally seized because appellant did not meet the criteria enumerated in section 943.325, Florida Statutes....

...*760 It is undisputed that appellee had a sexual battery conviction in October of 1987. On January 27, 1999, he was convicted of one count of carrying a concealed firearm and was sentenced to five years in prison. The disputed blood sample was taken from the appellee during his incarceration for that crime. Section 943.325(10)(c) provides that [a]ny person previously convicted of an offense specified in this section, or a crime which, if committed in this state, would be an offense specified in this section, and who is also subject to the registration requirement imposed by s....

...verifies the identification information of the person. The collection requirement of this section does not apply to a person as described in s. 775.13(6). (Emphasis supplied.) Appellee’s sexual battery conviction is one of the crimes specified in section 943.325(1), Florida Statutes....

...75.13, Florida Statutes. It is undisputed that none of the exemptions contained in section 775.13, Florida Statutes, apply to the appellee. The trial court erred in determining that the blood taken from the defendant was not taken in accordance with section 943.325, Florida Statutes....

...The child has entered a plea of guilty or nolo contendere to, or has been found by this court to have committed, a delinquent act which is a felony or an enumerated misdemeanor, and the child is required tomust submit specimens under section 943.325, Florida Statutes. ORDERS TO PARENTS/GUARDIANS ........

...has been adjudicated delinquent/has entered a plea of no contest/has entered a plea of guilty ... toor nolo contendere to, or has been found by this court to have committed, a delinquent act which is a felony or an enumerated misdemeanor, and the child is required to submit specimens under section 943.325, Florida Statutes. ORDERS TO PARENTS/GUARDIANS ........

...A year later, in October 1998, the defendant’s probation was terminated by the trial court. Nearly seven years later, in May 2005, the State of Florida filed an ex parte motion requesting the trial court to order 43 persons, including the defendant, to submit to compulsory DNA “oral swab” samples pursuant to Section 943.325(11), Florida Statutes (2003)....

...On rehearing, the court reversed itself and ordered the defendant to comply with the order requiring him to submit to an “oral swab” DNA test. Execution of that order has been stayed pending the outcome of this appeal. The State’s ex parte motion was brought pursuant to Florida Statute 943.325 (2003), which provides, in pertinent part, that: (l)(a) Any person who is convicted or was previously convicted in this state for any offense or attempted offense enumerated in paragraph (b), and any person who is transferred to this state un...

...ogical specimens approved by the Department of Law Enforcement to a Departmeht of Law Enforcement designated testing facility as directed by the department. (b)l. Chapter 794, chapter 800, s. 782.04, s. 784.045, s. 810.02, s. 812.133, or s. 812.135. § 943.325(1), Fla....

...the firearm was the product of an illegal detention, and that the search warrant was invalid as it was predicated on unlawfully obtained information. B) Whether the buccal swab obtained from Defendant violated the Fourth Amendment and/or Fla. Stat. § 943.325 Fla. Stat. § 943.325 provides that any qualifying offender who is arrested in Florida shall be required to submit a DNA sample to a department-designated facility at the time they are booked in a jail, correctional facility, or juvenile facility. Fla. Stat. § 943.325 (7)....

...877.26, or an offense that was found, pursuant to s. 874.04, to have been committed for the purpose of benefiting, promoting, or furthering the interests of a criminal gang as defined in s. 874.03; or c. Arrested for any felony offense or attempted felony offense in this state. Fla. Stat. § 943.325 (2)(g). A “DNA sample” means a buccal or other approved biological specimen capable of undergoing DNA analysis. Fla. Stat. § 943.325 (2)(f). Defendant contends that Fla. Stat. § 943.325 , the statute relied upon by the officers in taking Defendant’s DNA, is unconstitutional because it exceeds the scope permitted by the Fourth Amendment, as held by the United States Supreme Court in Maryland v. King, — U.S. -, 133 S.Ct. 1958, 1968-69 , 186 L.Ed.2d 1 (2013). (Doc. 21 p. 6). Alternatively, Defendant argues that even if Fla. Stat. § 943.325 is constitutional, the officers nevertheless failed to comply with Fla. Stat. § 943 .325’s requirements. (Doc. 37 p. 6). The Government responds that the DNA evidence was legally seized pursuant to Fla. Stat. § 943.325 which does not violate the Fourth Amendment....

...The Government argues that buccal swab collection is a reasonable search that does not significantly intrude upon felony arrestees’ privacy rights and does not violate the Fourth Amendment. (Doc. 23 p. *1367 8). The Government argues that even if Fla. Stat. § 943.325 is deemed unconstitutional, the good faith exception to the exclusionary rule applies. (Doc. 23 p. 8). 1) Constitutionality of Fla. Stat. § 943.325 Whether Fla. Stat. § 943.325 is constitutional in light of the Supreme Court’s holding in King appears to be an issue of first impression....

...timately beat their charges, such as the destruction of the DNA sample if probable cause is not established at arraignment, of if the suspect is ultimately acquitted or pardoned of the offense. Id. In light of King , Defendant argues that Fla. Stat. § 943.325 is unconstitutional on two grounds....

...The Supreme Court then provided that it granted “certiorari ... to address the question.” Id. Thus, the Court reads King to apply to DNA searches of arrestees for all felonies, not just “violent felonies.” Accordingly, the Court does not find Fla. Stat. § 943.325 to be unconstitutional on such grounds. Likewise, the Court rejects Defendant’s argument that Fla. Stat. § 943.325 is unconstitutional because it is not constrained to purposes associated with routine booking. The statute specifies that “[ajrrested qualifying offenders must submit a DNA sample at the time they, are booked into a jail, correctional facility, or juvenile facility.” Fla. Stat. § 943.325 (7)(b)....

...for law enforcement identification purposes ... and may not be used for identification of any medical or genetic condition.” Fla. Stat. § 943 ,325(13)(b) (emphasis added). Thus, the purpose for which DNA samples can be collected under Fla. Stat. § 943.325 is in accord with the Supreme Court’s conclusion in King that “DNA identification of arrestees is a reasonable search that can be considered a part of a routine booking procedure.” King, 133 S.Ct. at 1980 . 3 *1369 2) Conduct of the Law Enforcement Officers Although the Court finds Fla. Stat. § 943.325 constitutional, it remains to be determined whether law enforcement’s conduct in this case complied with the statute and the Fourth Amendment. In this case, the Court finds that the Government failed to carry its burden of establishing that law enforcement’s conduct was not in violation of Fla. Stat. § 943.325 and the Fourth Amendment. The testimony presented at the hearing shows that a sample of Defendant’s DNA was not taken only for the purposes of identification as required by Fla. Stat. § 943.325 , but in furtherance of law enforcement’s case against Defendant for being a felon in possession of a firearm....

...Officer Petaccio and Detective Hernandez both testified as well that the DNA samples were taken for the purpose of identifying Defendant. (Tr. 52, 53-54). However, this testimony does not show that law enforcement’s conduct complied with Fla. Stat. § 943.325 . Fla. Stat. § 943.325 (13)(b) requires that the analysis of DNA samples shall be used only for law enforcement identification purposes....

...m by a felon. (Doc. 23 p. 7). The Court rejects the Government’s expansive construction in which “identification” is synonymous to “investigation.” Such a broad construction would enable law enforcement to take DNA samples under Fla. Stat. § 943.325 for purposes other than those found proper in King ....

...Thus, the Supreme Court remarked, “[t]he DNA collection is not subject to the judgment of officers whose perspective might be colored by their primary involvement in ‘the often competitive enterprise of ferreting out crime.’ ” King, 133 S.Ct. at 1970 (citations omitted). Fla. Stat. § 943.325 requires that qualifying offenders shall be required to submit a DNA sample to a department-designated facility....

...s worried of when it stated that the judgment of officers may be colored by their primary involvement in the competitive enterprise of ferreting out crime. As law enforcement’s conduct in this case exceeded the conduct permissible under Fla. Stat. § 943.325 and the Fourth Amendment, the Court recommends that the District Court suppress the DNA buccal swab sample taken from Defendant at the Fort Myers Police Department....

...Evidently, between the time Officer Quinn first learned of Defendant’s license suspension in October 2013 and Defendant’s ultimate arrest on December 27, *1365 2013, there passed a period of time in which Defendant's license was not suspended. . As the Court finds Fla. Stat. § 943.325 constitutional, the Court does not address the Government's alternative arguments that the good faith exception to the exclusionary rule should apply....

...Leroy Butler challenges his conviction and sentence for armed burglary and sexual battery with use of a deadly weapon. He contends that the DNA evidence which led to his conviction should have been suppressed because it was obtained by the erroneous and unconstitutional application of section 943.325(l)(a), Florida Statutes (Supp.1996), 1 which requires DNA testing for certain violent offenders....

...plication, we are persuaded that the good faith exception to the exclusionary rule saved this evidence from suppression. See United States v. Leon, 468 U.S. 897 , 104 S.Ct. 3405 , 82 L.Ed.2d 677 (1984). Affirmed. BLUE, C.J., and DAVIS, J., Concur. . Section 943.325(l)(a), Florida Statutes (Supp.1996), provides: Any person convicted, or who was previously convicted and is still incarcerated, in this state for any offense or attempted offense defined in chapter 794, chapter 800, s....

...OSE, Judge. L.L. pleaded guilty to the charge of battery on a teacher, a school board employee. The trial court withheld adjudication. The trial court also ruled that L.L. was not required to provide a DNA sam- *4 pie. The State appeals that ruling. Section 943.325, Florida Statutes (2004), requires DNA testing of persons convicted of forcible felonies. L.L. used force in committing the offense. Consequently, we must reverse. Section 943.325 requires blood or other biological specimen testing for DNA analysis of “/a]ny person who is convicted ... [for] any forcible felony, as described in s. 776.08 ....” § 943.325(l)(a), (b)(4) (emphasis added). “Any person ” includes juveniles under Department of Juvenile Justice (DJJ) supervision. § 943.325(l)(c)....

...falls within this category because the trial court ordered him to complete a DJJ-supervised juvenile arbitration program. “Convicted” in the case of a juvenile includes a finding of guilt or a plea of guilty, regardless of adjudication of delinquency. § 943.325(10)(d)....

...used physical force against a teacher. Indeed, L.L. “shoved and pushed using his body, pushing [the victim] backwards while [the] victim tried to protect the class from [L.L.].” Thus, L.L.’s offense, to which he pleaded guilty, falls within the ambit of section 943.325 and L.L....

...LaROSE, Judge. L.L. pleaded guilty to the charge of battery on a teacher, a school board employee. The trial court withheld adjudication. The trial court also ruled that L.L. was not required to provide a DNA sample. *4 The State appeals that ruling. Section 943.325, Florida Statutes (2004), requires DNA testing of persons convicted of forcible felonies. L.L. used force in committing the offense. Consequently, we must reverse. Section 943.325 requires blood or other biological specimen testing for DNA analysis of " [a]ny person who is convicted ... [for] any forcible felony, as described in s. 776.08 ...." § 943.325(1)(a), (b)(4) (emphasis added). "Any person" includes juveniles under Department of Juvenile Justice (DJJ) supervision. § 943.325(1)(c)....

...falls within this category because the trial court ordered him to complete a DJJ-supervised juvenile arbitration program. "Convicted" in the case of a juvenile includes a finding of guilt or a plea of guilty, regardless of adjudication of delinquency. § 943.325(10)(d)....

...used physical force against a teacher. Indeed, L.L. "shoved and pushed using his body, pushing [the victim] backwards while [the] victim tried to protect the class from [L.L.]." Thus, L.L.'s offense, to which he pleaded guilty, falls within the ambit of section 943.325 and L.L....