The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 943
DEPARTMENT OF LAW ENFORCEMENT

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F.S. 943.325

943.325 DNA database.—

(1) LEGISLATIVE INTENT.—

(a) The Legislature finds that DNA databases are important tools in criminal investigations, in the exclusion of individuals who are the subject of criminal investigations or prosecutions and in detecting recidivist acts. It is the policy of this state to assist federal, state, and local criminal justice and law enforcement agencies in the identification and detection of individuals in criminal investigations and the identification and location of missing and unidentified persons. Therefore, it is in the best interests of the citizens of this state to establish a statewide DNA database containing DNA samples submitted by persons convicted of or arrested for felony offenses and convicted of certain misdemeanor offenses. Additionally, the statewide DNA database shall include DNA records and samples necessary for the identification of missing persons and unidentified human remains, including DNA samples voluntarily contributed by relatives of missing persons.

(b) The Legislature also finds that upon establishment of the Florida DNA database, a match between casework evidence DNA samples from a criminal investigation and DNA samples from a state or federal DNA database of certain offenders may be used to find probable cause for the issuance of a warrant for arrest or to obtain the DNA sample from an offender.

(2) DEFINITIONS.—As used in this section, the term:

(a) “Arrested” means apprehended or physically taken into custody, resulting in the submission of arrest fingerprints to the department, pursuant to s. 943.051.

(b) “CODIS” means the Federal Bureau of Investigation’s Combined DNA Index System that allows the storage and exchange of DNA records submitted by federal, state, and local forensic DNA laboratories.

(c) “Convicted” means a finding of guilt by a court of competent jurisdiction, or entry of a plea of nolo contendere or guilty, or, in the case of a juvenile, the finding of delinquency, regardless of adjudication.

(d) “DNA” means deoxyribonucleic acid. DNA is located in the cells and provides an individual’s personal genetic blueprint. DNA encodes genetic information that is the basis of human heredity and forensic identification.

(e) “DNA record” means all information associated with the collection and analysis of a person’s DNA sample, including the distinguishing characteristics collectively referred to as a DNA profile.

(f) “DNA sample” means a buccal or other approved biological specimen capable of undergoing DNA analysis.

(g) “Qualifying offender” means any person, including juveniles and adults, who is:

1.a. Committed to a county jail;

b. Committed to or under the supervision of the Department of Corrections, including persons incarcerated in a private correctional institution operated under contract pursuant to s. 944.105;

c. Committed to or under the supervision of the Department of Juvenile Justice;

d. Transferred to this state under the Interstate Compact on Juveniles, part XIII of chapter 985; or

e. Accepted under Article IV of the Interstate Corrections Compact, part III of chapter 941; and who is:

2.a. Convicted of any felony offense or attempted felony offense in this state or of a similar offense in another jurisdiction;

b. Convicted of a misdemeanor violation of s. 784.048, s. 810.14, s. 847.011, s. 847.013, s. 847.0135, or s. 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;

c. Arrested for any felony offense or attempted felony offense in this state; or

d. In the custody of a law enforcement agency and is subject to an immigration detainer issued by a federal immigration agency.

(3) COLLECTION OF SAMPLES.—

(a) Each qualifying offender shall submit a DNA sample at the time he or she is booked into a jail, correctional facility, or juvenile facility. A person who becomes a qualifying offender solely because of the issuance of an immigration detainer by a federal immigration agency must submit a DNA sample when the law enforcement agency having custody of the offender receives the detainer.

(b) DNA samples collected under paragraph (a) from persons arrested for any felony offense or attempted felony offense in this state are subject to sufficient funding appropriations passed by the Legislature and approved by the Governor according to the following schedule:

1. Beginning January 1, 2011, all felonies defined by chapters 782, 784, 794, and 800.

2. Beginning January 1, 2013, all felonies defined by chapters 810 and 812.

3. Beginning January 1, 2015, all felonies defined by chapters 787 and 790.

4. Beginning January 1, 2017, all felonies defined by chapter 893.

5. Beginning January 1, 2019, all remaining felony offenses.

The department may reject DNA samples submitted pursuant to this subsection if submitted before the funding of any phase or if received before the department issues an official notification to the submitting agency that the department is sufficiently prepared to receive the samples.

(c) On or before February 1, 2010, and by February 1 of each even-numbered year thereafter through 2018, the department shall submit a report to the Legislature listing the funding, infrastructure, facility, and personnel requirements necessary to operate the DNA database and DNA evidentiary analysis for the expansion phase scheduled for the following year.

(4) STATEWIDE DNA DATABASE.—The department, through the statewide criminal laboratory analysis system shall establish, implement, and maintain a statewide automated personal identification system capable of, but not limited to, classifying, matching, and storing analyses of DNA and other biological molecules and related data. The department shall be the administrator of the statewide DNA database. All accredited local government crime laboratories within the state shall have access through CODIS to the statewide DNA database in accordance with the rules and agreements established by the department.

(5) DUTIES.—The department shall:

(a) Receive, process, and store DNA and the data derived therefrom furnished pursuant to this section.

(b) Collect, process, maintain, and disseminate information and records as provided by this section.

(d) Participate in the national DNA database program administered by the Federal Bureau of Investigation.

(e) Provide for liaison with the Federal Bureau of Investigation and other criminal justice agencies relating to the state’s participation in the CODIS program and the national DNA index system.

(f) Adopt rules specifying the proper procedure, including requisite identification information, for state and local law enforcement and correctional agencies to collect and submit DNA samples pursuant to this section.

(6) SAMPLES.—The statewide DNA database may contain DNA data obtained from the following types of biological samples:

(a) Crime scene samples.

(b) Samples obtained from qualifying offenders required by this section to provide a biological sample for DNA analysis and inclusion in the statewide DNA database.

(d) Samples from deceased victims or suspects that were lawfully obtained during the course of a criminal investigation.

(e) Samples from unidentified human remains.

(f) Samples from persons reported missing.

(g) Samples voluntarily contributed by relatives of missing persons.

(h) Other samples approved by the department.

(7) COLLECTION OF DNA SAMPLES FROM OFFENDERS.—

(a) Any qualifying offender, who is:

1. Arrested in this state;

2. Incarcerated in this state; or

3. On probation, community control, parole, conditional release, control release, or any other type of court-ordered supervision in this state,

shall be required to submit a DNA sample to a department-designated facility.

(b) Arrested qualifying offenders must submit a DNA sample at the time they are booked into a jail, correctional facility, or juvenile facility.

(c) Incarcerated persons and those in the custody of the Department of Juvenile Justice must submit required DNA samples not less than 45 days before their presumptive date of release from such incarceration or commitment.

(d) Upon the conviction of any qualifying offender which results in the commitment of the offender to a county jail, correctional facility, or juvenile facility, the entity responsible for the jail or facility shall ensure that a DNA sample is promptly secured and transmitted to the department. Personnel at the jail, correctional facility, or juvenile facility shall collect the DNA samples as part of the regular processing of qualifying offenders committed to the jail or facility.

(e) If a qualifying offender is not incarcerated following conviction, that offender may not be released from the custody of the court at the time of sentencing or released pursuant to a bond or surety until the DNA sample required by this section has been taken by the sheriff or his or her designee. The sheriff shall secure, process, and transmit the DNA sample to the department in a timely manner.

(f) A law enforcement agency having custody of a person who becomes a qualifying offender solely because of the issuance of an immigration detainer by a federal immigration agency shall ensure that a DNA sample is taken from the offender immediately after the agency receives the detainer and shall secure and transmit the sample to the department in a timely manner.

(8) REASONABLE FORCE.—Duly authorized law enforcement and corrections personnel may employ reasonable force in cases where a qualifying offender refuses to provide a DNA sample required under this section, and no such employee shall be civilly or criminally liable for the use of such reasonable force.

(9) OUT-OF-STATE OFFENDERS.—Any qualifying offender who is:

(a) Transferred to this state under the Interstate Compact on Juveniles, part XIII of chapter 985, for a felony offense or attempted felony offense; or

(b) Accepted under Article IV of the Interstate Corrections Compact, part III of chapter 941, for a felony offense or attempted felony offense,

shall provide a DNA sample pursuant to this section to the entity responsible for supervision of the offender, who shall ensure that the DNA sample is collected in a manner approved by the department and promptly secured and transmitted to the department.

(10) COLLECTION; LIABILITY.—

(a) The collection of DNA samples may be performed by any person using a collection kit approved by the department as directed in the kit or pursuant to other procedures approved by or acceptable to the department.

(b) Any person who collects or assists in the collection of a DNA sample is not civilly or criminally liable if a collection kit provided or approved by the department is used and the collection is done as directed in the kit, in a manner approved by the department, or is performed in an otherwise reasonable manner.

(11) SAMPLES.—The department will provide the DNA sample collection kits, labels, or other appropriate containers and instructions for the collection of the DNA samples. After collection, the DNA samples shall be forwarded to the department for analysis to determine genetic markers and characteristics for the purpose of individual identification of the person submitting the sample.

(a) At minimum, the following information must be included with each submission:

1. The qualifying offender’s last name, first name, date of birth, race, gender, and State Identification (SID) number if known.

2. The statute number of each offense charged.

3. The collecting agency’s name and address.

4. The name and telephone number of the person performing the collection of the DNA sample or witnessing the collection of the sample.

(b) If a DNA sample submitted to the department under this section cannot be used by the department in the manner and for the purposes required by this section, the department may require that another DNA sample be obtained.

(12) COURT ORDERS; COSTS.—The sentencing court shall include in the judgment order for a qualifying offender a provision requiring collection of a DNA sample from the defendant in a manner consistent with this section.

(a) Unless a convicted person has been declared indigent by the court, the convicted person shall pay the actual costs of collecting the approved biological specimens required under this section.

(b) If the order of a sentencing court fails to order a qualifying offender to submit a DNA sample as mandated by this section, the prosecutor may seek an amended order from the sentencing court requiring submission of a DNA sample in compliance with this section. In the alternative, the department, the Department of Corrections, a law enforcement agency, or a prosecutor may apply to the appropriate circuit court with jurisdiction for an order authorizing the seizure of the qualifying offender for the purpose of securing the required DNA sample.

1. The court shall issue the order upon a showing of probable cause.

2. Following issuance of the order, the DNA sample shall be collected in a reasonable manner and the qualifying offender shall be released unless there is cause to justify retaining the offender in custody.

(c) Failure by a law enforcement agency or other entity involved in collection of DNA samples under this section to strictly comply with this section or to abide by a statewide protocol for collecting DNA samples is not grounds for challenging the validity of the collection or the use of a DNA sample in court and evidence based upon or derived from the collected DNA sample may not be excluded by a court.

(d) The detention, arrest, or conviction of a person based upon a database match or database information may not be invalidated if it is later determined that the sample was obtained or placed in the database by mistake.

(e) All DNA samples submitted to the department for any reason shall be retained in the statewide DNA database and may be used for all lawful purposes as provided in this section.

(13) ANALYSIS OF DNA SAMPLES.—

(a) The department shall specify procedures for the collection, submission, identification, analysis, storage, and disposition of the DNA samples and DNA records collected under this section. These procedures shall also ensure compliance with national quality assurance standards so that the DNA records may be accepted into the national DNA database.

(b) The analyses of DNA samples collected under this section shall be used only for law enforcement identification purposes or to assist in the recovery or identification of human remains or missing persons and may not be used for identification of any medical or genetic condition.

(c) When completed, the results of DNA analysis shall be entered into the statewide DNA database maintained and administered by the department for such purpose, as provided in this section.

(14) RESULTS.—The results of a DNA analysis and the comparison of analytic results shall be released only to criminal justice agencies as defined in s. 943.045 at the request of the agency. Otherwise, such information is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution.

(15) OFFENSES AND PENALTIES.—

(a) Any person subject to the requirements of this section who willfully refuses to provide a DNA sample commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(b) Any person who:

1. Knowingly or intentionally discloses a DNA record, including the results of a DNA analysis, to a person or agency other than one authorized to have access to such records under this section;

2. Knowingly or intentionally uses or receives DNA records, including the results of DNA analysis, for purposes other than those authorized under this section; or

3. Knowingly or intentionally tampers or attempts to tamper with any DNA sample, the result of any analysis of a DNA sample, or a DNA sample collection container,

commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(16) PROCEDURES FOR REMOVAL.—Unless the department determines that a person is otherwise required by law to submit a DNA sample for inclusion in the statewide DNA database, the department shall, upon receipt and completion of such verification of the information noted below as may be required, promptly remove from the statewide DNA database the DNA analysis and any DNA biological samples that may have been retained of a person included therein:

(a) On the basis of a conviction for a qualifying offense specified in subparagraph (2)(g)2., if the department receives, from the person seeking removal of DNA information from the statewide DNA database, for each qualifying offense, a certified copy of a final court order establishing that such conviction has been overturned on direct appeal or set aside in a postconviction proceeding; or

(b) On the basis of an arrest, if the department receives from the person seeking removal of DNA information from the statewide DNA database, for each charge against the person on the basis of which the analysis was or could have been included in the statewide DNA database, a certified copy of the No Information or Nolle Prosequi filed by the state attorney, or final court order or other official documentation establishing that such charge has been dismissed or has resulted in an acquittal or that no charge was filed within the applicable time period.

For purposes of this section, a court order is not final if time remains for an appeal or application for discretionary review with respect to the order, or if a case has been remanded for retrial or other proceedings and has not been resolved after remand, or time remains for appeal or discretionary review of the remanded case or any other such proceedings that have not concluded and rendered the case resolved with finality.

(17) RULES.—The department shall, by rule, establish the procedure by which a person seeking removal of his or her DNA analysis and biological sample from the statewide DNA database shall submit the certified information required in subsection (16) to the department.

History.—s. 1, ch. 89-335; s. 9, ch. 93-204; s. 3, ch. 94-90; s. 52, ch. 95-283; s. 19, ch. 96-322; s. 447, ch. 96-406; s. 8, ch. 98-81; s. 14, ch. 98-251; s. 7, ch. 98-417; s. 1, ch. 2000-233; s. 2, ch. 2000-328; s. 3, ch. 2001-58; s. 3, ch. 2001-97; s. 9, ch. 2001-125; s. 6, ch. 2001-127; s. 2, ch. 2003-18; s. 2, ch. 2004-290; s. 22, ch. 2006-2; s. 160, ch. 2007-5; s. 1, ch. 2008-27; s. 28, ch. 2008-238; s. 2, ch. 2009-190; s. 34, ch. 2013-116; s. 10, ch. 2019-45; s. 1, ch. 2019-91; s. 18, ch. 2023-40.

F.S. 943.325 on Google Scholar

F.S. 943.325 on Casetext

Amendments to 943.325

Arrestable Offenses / Crimes under Fla. Stat. 943.325

Level: Degree
Misdemeanor/Felony: First/Second/Third

S943.325 15a - OBSTRUCTING JUSTICE - REFUSE TO SUPPLY DNA SAMPLE - M: S

S943.325 15b1 - INVADE PRIVACY - UNAUTHORIZED DISCLOSURE OF DNA ANALYSIS - M: F

S943.325 15b2 - OBSTRUCTING JUSTICE - UNAUTHORIZED USE OF DNA RECORDS - M: F

S943.325 15b3 - OBSTRUCTING JUSTICE - TAMPER W DNA SAMPLE ANALYSIS - M: F

Annotations, Discussions, Cases:

Cases from cite.case.law:

IN RE AMENDMENTS TO FLORIDA RULES OF JUVENILE PROCEDURE REGULAR- CYCLE REPORT., 258 So. 3d 1254 (Fla. 2018)

. . . a felony or an enumerated misdemeanor, and the child is required to submit specimens under section 943.325 . . .

IN RE AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE- REGULAR- CYCLE REPORT., 265 So. 3d 494 (Fla. 2018)

. . . . ___ and being a qualified offender pursuant to section 943.325, Florida Statutes, the defendant shall . . . Domestic Violence). ___ A sum of $_____ for the cost of collecting the DNA sample required by section 943.325 . . . (12) You shall submit to the drawing of blood or other biological specimens as required by section 943.325 . . . (15) You shall submit to the drawing of blood or other biological specimens as required by section 943.325 . . .

In AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE, 188 So. 3d 764 (Fla. 2015)

. . . hereby ADJUDICATED GUILTY of the above crime(s). and being a qualified offender pursuant to s.ection 943.325 . . . _A sum of $_for the cost of collecting the DNA sample required by section 943.325, Florida Statutes. . . . (12) You shall submit to the drawing of blood or other biological specimens as required by section 943.325 . . .

UNITED STATES v. DAVIS, 65 F. Supp. 3d 1352 (M.D. Fla. 2014)

. . . . § 943.325 Fla. . . . Stat. § 943.325(2)(g). . . . Stat. § 943.325 Whether Fla. . . . Stat. § 943.325(7)(b). . . . Stat. § 943.325. Fla. . . .

STATE v. GIBSON,, 150 So. 3d 1240 (Fla. Dist. Ct. App. 2014)

. . . In Florida, section 943.325, Florida Statutes (2012), titled “DNA database,” begins, “The Legislature . . . apply to “criminal prosecution,” determinations of paternity, or DNA analysis conducted under section 943.325 . . .

In AMENDMENTS TO FLORIDA RULES OF JUVENILE PROCEDURE, 123 So. 3d 1128 (Fla. 2013)

. . . a felony or an enumerated misdemeanor, and the child is required to submit specimens under section 943.325 . . .

In AMENDMENTS TO FLORIDA RULES OF JUVENILE PROCEDURE, 115 So. 3d 286 (Fla. 2013)

. . . section 943.825; Florida Statute^ and the child is required to submit Weed-specimens under section 943.325 . . .

GARY, v. STATE, 111 So. 3d 993 (Fla. Dist. Ct. App. 2013)

. . . to section 948.014(1), Florida Statutes (2011), because he does not meet the requirements of section 943.325 . . .

In AMENDMENTS TO THE FLORIDA RULES OF CRIMINAL PROCEDURE, 48 So. 3d 17 (Fla. 2010)

. . . . _ A sum of $_ for the cost of collecting the DNA sample required by s. 943.325, Florida Statutes. _ . . . located at_ (12) You shall submit to the drawing of blood or other biological specimens as required by s. 943.325 . . .

W. DOE, III v. SUNTRUST BANK, W. Jr. W. Jr. a a, 32 So. 3d 133 (Fla. Dist. Ct. App. 2010)

. . . purposes of acquiring specimens from persons convicted of certain offenses or as otherwise provided in s. 943.325 . . . 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 . . . purposes of acquiring specimens from persons convicted of certain offenses or as otherwise provided in s. 943.325 . . .

In AMENDMENTS TO THE FLORIDA RULES OF CRIMINAL PROCEDURE, 26 So. 3d 534 (Fla. 2009)

. . . _A sum of $_for the cost of collecting the DNA sample required by s. 943.325, Florida Statutes. _ Other . . .

In AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE AND, 22 So. 3d 1 (Fla. 2009)

. . . In chapter 2009-190, section 2, Laws of Florida, the Legislature amended section 943.325 pertaining to . . . .812.1-85), or any other offense specified in section 943.325being a qualified offender pursuant to s. 943.325 . . . Programs in Domestic Violence). _ A sum of $_for the cost of collecting the DNA sample required by s. 943.325 . . . located at_ (12) You shall submit to the drawing of blood or other biological specimens as required by s. 943.325 . . . located at_ (15)You shall submit to the drawing of blood or other biological specimens as required by s. 943.325 . . .

M. S. A v. STATE, 987 So. 2d 774 (Fla. Dist. Ct. App. 2008)

. . . Section 943.325, Florida Statutes (2007), requires any person convicted of certain enumerated offenses . . . violations charged in the violation of probation affidavit are among those enumerated in the DNA statute. § 943.325 . . .

D. A. a v. STATE, 959 So. 2d 1281 (Fla. Dist. Ct. App. 2007)

. . . Section 943.325, Florida Statutes (2006), does not permit the trial court to order Appellant to provide . . . See § 943.325(1)(b)(4) (DNA collection authorized only for a “felony” violation of chapter 790). . . .

A. M. v. STATE, 958 So. 2d 461 (Fla. Dist. Ct. App. 2007)

. . . Section 943.325, Florida Statutes (2004), requires any person who has been convicted of certain offenses . . . See § 943.325(l)(b) (enumerating the offenses that trigger the DNA testing requirement). . . . . § 943.325(l)(c). . . . . § 943.325(l)(b). . . . he had no history of an adjudication or a withhold of adjudication for any offense listed in section 943.325 . . .

In AMENDMENTS TO THE FLORIDA RULES OF JUVENILE PROCEDURE, 951 So. 2d 804 (Fla. 2007)

. . . 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 . . .

S. SMITH, v. STATE, 955 So. 2d 21 (Fla. Dist. Ct. App. 2006)

. . . persons, including the defendant, to submit to compulsory DNA “oral swab” samples pursuant to Section 943.325 . . . The State’s ex parte motion was brought pursuant to Florida Statute 943.325 (2003), which provides, in . . . Chapter 794, chapter 800, s. 782.04, s. 784.045, s. 810.02, s. 812.133, or s. 812.135. § 943.325(1), . . .

WORD, v. UNITED STATES PROBATION DEPARTMENT,, 439 F. Supp. 2d 497 (D.S.C. 2006)

. . . . § 943.325; , Ga.Code Ann. § 24-4-60; 730 Ill.Ann.Stat. 5/5-4-3; Iowa Code Ann. § 902.13; Kan. . . .

STATE v. L. L., 933 So. 2d 3 (Fla. Dist. Ct. App. 2006)

. . . Section 943.325, Florida Statutes (2004), requires DNA testing of persons convicted of forcible felonies . . . Section 943.325 requires blood or other biological specimen testing for DNA analysis of “/a]ny person . . . [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) . . . Thus, L.L.’s offense, to which he pleaded guilty, falls within the ambit of section 943.325 and L.L. . . .

MORROW, v. STATE, 914 So. 2d 1085 (Fla. Dist. Ct. App. 2005)

. . . Morrow asserts that he should not be subject to DNA testing, pursuant to section 943.325, Florida Statutes . . . We conclude that section 943.325 is applicable retroactively. . . . Although section 943.325 is retrospective in its effect, it does not alter the elements of Morrow’s criminal . . . State, 869 So.2d 1231 (Fla. 2d DCA 2004) (holding section 943.325 constitutional). . . .

In AMENDMENTS TO THE FLORIDA RULES OF JUVENILE PROCEDURE, 915 So. 2d 592 (Fla. 2005)

MORRIS, v. STATE, 909 So. 2d 428 (Fla. Dist. Ct. App. 2005)

. . . his probation that he submit blood or other biological specimens for DNA testing pursuant to section 943.325 . . . This court and our sister courts have also rejected constitutional challenges to section 943.325. . . . State, 869 So.2d 1231 (Fla. 2d DCA 2004) (finding no merit to defendant’s argument that section 943.325 . . . Defense counsel did not raise the other constitutional challenges to section 943.325 and so these issues . . .

DOE, I, II, III, IV, v. T. MOORE, O. III., 410 F.3d 1337 (11th Cir. 2005)

. . . . § 943.325(1)(a). . . . aggravated abuse of an elderly or disabled person, and any felony involving the use of a firearm. § 943.325 . . . convicted of any felony offense will be required to submit to DNA testing beginning in July 2005. § 943.325 . . .

AMENDMENTS TO THE FLORIDA RULES OF JUVENILE PROCEDURE, 898 So. 2d 47 (Fla. 2005)

. . . 782.04, 784.045, 810.02, 812.133, 812.135, Florida Statutes, or any other offense specified in RRsection 943.325 . . . , Florida Statutes, and the child is required to submit blood specimens under RRsection 943.325, Florida . . .

SMALLEY, v. STATE, 889 So. 2d 100 (Fla. Dist. Ct. App. 2004)

. . . requiring Smalley, at sentencing, to submit biological specimens for DNA analysis pursuant to section 943.325 . . . With regard to Smalley’s third point on appeal, his primary argument is that section 943.325 Florida . . . sentencing, the trial court ordered that Smal-ley be required to submit blood specimens, pursuant to section 943.325 . . . Section 943.325, Florida Statutes (2002) provides in part: (l)(a) Any person who is convicted or was . . .

AMENDMENTS TO THE FLORIDA RULES OF CRIMINAL PROCEDURE, 886 So. 2d 197 (Fla. 2004)

. . . carjacking (s. 812.133), or home invasion1 robbery (s. 812.135), or any other offense specified in section 943.325 . . .

AMENDMENTS TO FLORIDA RULE OF CRIMINAL PROCEDURE d A POSTCONVICTION DNA TESTING, 884 So. 2d 934 (Fla. 2004)

. . . (creating §§ 925.11 and 943.3241 and amending § 943.325, Fla. Stat.). . . .

SPRINGER, v. STATE, 874 So. 2d 719 (Fla. Dist. Ct. App. 2004)

. . . Springer posits that the requirement that he give DNA samples as required by section 943.325, Florida . . .

GONZALEZ, a k a D. v. STATE, 869 So. 2d 1231 (Fla. Dist. Ct. App. 2004)

. . . injunction to prevent the State from obtaining a blood sample from him for DNA analysis under section 943.325 . . . committed, conspiracy to commit sexual battery, is not presently one of the felonies enumerated in section 943.325 . . .

MILES, v. STATE, 839 So. 2d 814 (Fla. Dist. Ct. App. 2003)

. . . Rather, he rests his challenge primarily on section 943.325, Florida Statutes (1999). . . .

K. H. a v. STATE, 821 So. 2d 1202 (Fla. Dist. Ct. App. 2002)

. . . and, over objection, was ordered to submit two samples of blood for DNA testing pursuant to section 943.325 . . . The addition of the language “or has never been incarcerated” in the 2001 version of section 943.325( . . . Pursuant to section 943.325, the state requested that L.S. be required to give a blood sample for DNA . . . The trial court found section 943.325 was constitutional as applied to L.S. . . . See § 943.325(1)(a)2., Fla. Stat. (2001). . . .

TAYLOR, v. STATE, 821 So. 2d 404 (Fla. Dist. Ct. App. 2002)

. . . Section 943.325(1), Florida Statutes (1997), requires any individual who has been convicted under that . . . ), provides that as a condition of probation, any individual convicted for an offense under section 943.325 . . .

STATE v. ORICK,, 807 So. 2d 759 (Fla. Dist. Ct. App. 2002)

. . . that the blood was illegally seized because appellant did not meet the criteria enumerated in section 943.325 . . . Section 943.325(10)(c) provides that [a]ny person previously convicted of an offense specified in this . . . Appellee’s sexual battery conviction is one of the crimes specified in section 943.325(1), Florida Statutes . . . erred in determining that the blood taken from the defendant was not taken in accordance with section 943.325 . . .

L. S. A v. STATE, 805 So. 2d 1004 (Fla. Dist. Ct. App. 2001)

. . . This appeal requires us to review a finding that section 943.325, Florida Statutes, is constitutional . . . The state then requested, pursuant to section 943.325, that she be compelled to give a blood «ampie for . . . Defense counsel objected and filed a motion to declare section 943.325 unconstitutional as applied to . . . The judge found that there was “a rational basis for the legislature’s addition of burglary to 943.325 . . . Section 943.325(10)(d) defines "conviction” for the purposes of the statute to include "a finding of . . .

BUTLER, v. STATE, 801 So. 2d 992 (Fla. Dist. Ct. App. 2001)

. . . been suppressed because it was obtained by the erroneous and unconstitutional application of section 943.325 . . . Section 943.325(l)(a), Florida Statutes (Supp.1996), provides: Any person convicted, or who was previously . . .

MILES, v. STATE, 799 So. 2d 367 (Fla. Dist. Ct. App. 2001)

. . . Rather, he rests his challenge primarily on section 943.325, Florida Statutes (1999). . . .

AMENDMENT TO FLORIDA RULES OF CRIMINAL PROCEDURE CREATING RULE DNA, 807 So. 2d 633 (Fla. 2001)

. . . (creating §§ 925.11 and 943.3241 and amending § 943.325, Fla. Stat.). . . .

A. SPEAR, v. STATE, 787 So. 2d 1 (Fla. Dist. Ct. App. 2000)

. . . Spear concedes that section 943.325(l)(a), Florida Statutes (1993), would provide authority to require . . . Because Spear was convicted in Florida, section 943.325(l)(a) applies to him regardless of the fact that . . . correction of the judgment and sentence to require Spear to submit blood samples pursuant to section 943.325 . . .

AMENDMENTS TO THE FLORIDA RULES OF CRIMINAL PROCEDURE, 794 So. 2d 457 (Fla. 2000)

. . . carjacking (s.812.133), or home invasion robbery (s.812.135), or any other offense specified in section 943.325 . . .

AMENDMENTS TO THE RULES OF JUVENILE PROCEDURE, 783 So. 2d 138 (Fla. 2000)

. . . 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. . . .

R. CARRA, v. STATE, 736 So. 2d 721 (Fla. Dist. Ct. App. 1999)

. . . Section 943.325, Florida Statutes (1997), sets forth procedures by which blood samples may be collected . . .

ARANJO, v. STATE, 718 So. 2d 266 (Fla. Dist. Ct. App. 1998)

. . . probation that he submit to blood testing by the Department of Law Enforcement, as required by section 943.325 . . . Section 943.325 provides that any person who is convicted or has been convicted of any offense or attempted . . . However, section 784.021(l)(b) was never one of the crimes listed in any version of section 943.325. . . . Under these circumstances, there is no authority pursuant to section 943.325 to require the blood test . . .

JAMES, III, v. STATE, 696 So. 2d 1268 (Fla. Dist. Ct. App. 1997)

. . . James’ blood specimen to the Florida Department of Law Enforcement pursuant to. section 943.325(8)(a) . . .

AMENDMENTS TO THE FLORIDA RULES OF CRIMINAL PROCEDURE, 685 So. 2d 1253 (Fla. 1996)

. . . 1996, the rule 3.986(b) judgment form has been amended to comport with recent amendments to section 943.325 . . .

In AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE, 606 So. 2d 227 (Fla. 1992)

. . . . _ and pursuant to section 943.325, Florida Statutes, having been convicted of attempts or offenses . . .

In AMENDMENTS TO THE FLORIDA RULES OF CRIMINAL PROCEDURE- RULES AND, 603 So. 2d 1144 (Fla. 1992)

. . . made at the suggestion of the Florida Department of Law Enforcement to assist in implementing section 943.325 . . . ORDERED THAT the defendant is hereby ADJUDICATED GUILTY of the above crime(s). and pursuant to section 943.325 . . .

R. JONES, v. W. MURRAY, B., 763 F. Supp. 842 (W.D. Va. 1991)

. . . . § 943.325; Iowa Code Ann. § 13.10; Minn.Stat.Ann. § 609.3461; Nev. . . .