HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/CS/HB 607 Retention of Sexual Offense Evidence
SPONSOR(S): Judiciary Committee, Criminal Justice Subcommittee, Plakon and others
TIED BILLS: IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Criminal Justice Subcommittee 16 Y, 0 N, As CS Leshko Hall
2) Justice Appropriations Subcommittee 13 Y, 0 N Saag Keith
3) Judiciary Committee 19 Y, 0 N, As CS Leshko Kramer
SUMMARY ANALYSIS
A sexual assault kit (SAK), sometimes referred to as a “rape kit,” is a medical kit used to collect evidence from
a sexual assault victim’s body and clothing during a forensic physical examination. SAKs collected from
reporting victims are submitted by law enforcement agencies (LEA) to crime laboratories for DNA analysis and
resulting DNA profiles are uploaded to local, state, and federal DNA databases to determine whether a match
identifying the perpetrator can be made.
Under s. 943.326, F.S., a SAK collected from a reporting victim and received by a LEA must be submitted to
the statewide criminal analysis laboratory system for forensic testing within 30 days after the evidence is:
received by a LEA and a report of the sexual offense has been made to the LEA; or within 30 days after the
alleged victim or his or her parent, guardian, or legal or personal representative, if the alleged victim is a minor
or is deceased, requests the evidence to be tested. A Florida Department of Law Enforcement (FDLE) or
regional county laboratory may only process SAK evidence if there is an accompanying law enforcement
report. SAKs from non-reporting victims, those who choose not to report an offense to law enforcement are not
tested unless the victim later reports the offense or requests such testing. SAK testing must be completed no
later than 120 days after the SAK is submitted to the statewide criminal analysis laboratory system. A SAK
must be retained in a secure, environmentally safe manner until the agency prosecuting the associated offense
approves the kit’s destruction. An alleged victim, or his or her parent, guardian, or legal or personal
representative, if the alleged victim is a minor or deceased, must be informed of the purpose of submitting
evidence for testing and of the right to request testing.
While s. 943.326, F.S., provides specific guidance controlling the retention period and destruction of SAKs
collected from reporting victims, there is no clear guidance on retention or destruction procedures for SAKs
collected from non-reporting victims.
CS/CS/HB 607 amends s. 943.326, F.S., to require a SAK collected from a non-reporting victim to be retained
for a minimum of 50 years. The bill requires medical facilities and certified rape crisis centers that collect such
a kit to transfer the kit to FDLE within 30 days of collection. The bill requires FDLE to store a SAK collected
from a non-reporting victim anonymously, in a secure, environmentally safe manner, and with a documented
chain of custody. Under the bill, if a non-reporting victim later makes a report to law enforcement or requests,
or has a request made on his or her behalf by an authorized representative, to have his or her SAK tested, the
kit must then be retained until the prosecuting agency or FDLE authorizes its destruction. Additionally, the bill
requires DNA evidence not contained in a SAK and collected from a reporting victim to be retained until the
prosecuting agency authorizes its destruction.
The bill may have an indeterminate negative fiscal impact on FDLE based on the costs associated with storing
the kits in a manner consistent with the requirements of the bill.
The bill provides an effective date of July 1, 2024.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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 FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Forensic Physical Exams and Sexual Assault Kits
In Florida, a victim of certain sexual offenses may have a forensic physical examination conducted by a
healthcare provider without cost to the victim, or the victim’s parent or guardian if the victim is a minor,
regardless of whether the victim participates in the criminal justice system or cooperates with law
enforcement.1 A sexual assault kit (SAK), sometimes referred to as a “rape kit,” is a medical kit used to
collect evidence from a sexual assault victim’s body and clothing during a forensic physical
examination. A SAK typically contains standardized items including swabs, tubes, glass slides,
containers, and plastic bags used to collect and preserve bodily fluids, hair, and fibers that may contain
the perpetrator’s DNA or other forensic evidence.2 SAKs collected from reporting victims are submitted
by law enforcement agencies to crime laboratories for DNA analysis and resulting DNA profiles are
uploaded to local, state, and federal DNA databases to determine whether a match identifying the
perpetrator can be made.
Department of Legal Affairs SAK Protocols
According to protocols developed by the Florida Department of Legal Affairs (DLA), healthcare
providers conducting a forensic physical examination should complete a Sexual Assault Kit Form for
Healthcare Providers (SAK form).3 The SAK form includes an exam consent form, applicable to both
reporting and non-reporting victims, that requires the victim to indicate that he or she consents to a
forensic physical examination for the preservation of evidence of a sexual offense. If a victim chooses
to make a report to law enforcement, a separate form authorizing the release of collected evidence and
report to law enforcement must be signed by the victim. All consent forms must be retained by the rape
crisis center4 or medical facility conducting the examination.5
A non-reporting victim is one who does not authorize reporting an offense to law enforcement. The
medical provider still carries out the complete forensic and medical examination and the SAK evidence
is preserved and maintained in a manner that protects the victim’s identity. If the victim later chooses to
file a report with law enforcement, he or she must sign a release authorizing the medical provider to
make his or her identity known and the forensic examination record available to the law enforcement
agency.6
Section 39.201(1) and (5), F.S., however, requires any person that knows, or has reasonable cause to
suspect, that a child has been sexually abused to make a report to the central abuse hotline. Within 48
hours after the central abuse hotline receives such a report the Department of Children and Families
must conduct an assessment and send a written report to the appropriate county sheriff’s office. As
such, a child can never be classified as a non-reporting victim.
1
S. 960.28, F.S. (The Crime Victims’ Services Office of the Department of Legal Affairs pays for medical expenses connected wi th an
initial forensic physical examination of a victim of sexual battery or a lewd or lascivious offense).
2 The White House, Office of the Press Secretary, Fact Sheet: Investments to Reduce The National Rape Kit Backlog And Combat
Violence Against Women, (Mar. 16, 2015) https://obamawhitehouse.archives.gov/the-press-office/2015/03/16/fact-sheet-investments-
reduce-national-rape-kit-backlog-and-combat-viole (last visited Feb. 19, 2024).
3 Florida Department of Legal Affairs (DLA), Division of Victim Services and Criminal Justice Programs, Adult and Child Sexual Assault
Protocols: Initial Forensic Physical Examination, (Apr. 2015), pp. 12-13, https://myfloridalegal.com/webfiles.nsf/WF/JFAO-
77TKCT/$file/ACSP.pdf (last visited Feb. 19, 2024).
4 A “rape crisis center” is any public or private agency that offers assistance to victims of sexual assault or sexual battery and their
families. S. 90.5035(1)(a), F.S.
5 DLA, supra at note 3.
6 Florida Department of Law Enforcement (FDLE), Sexual Assault Kit Sub missions Frequently Asked Questions, p. 1,
https://www.fdle.state.fl.us/Forensics/Documents/Sexual-Assault-Kit-FAQs-for-LEA_Final.aspx (last visited Feb. 19, 2024).
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 DLA protocols provide instructions for sealing the SAK once a victim’s exam is complete and require
the SAK to stay with the examiner or to be secured in a locked area with limited access and proper
chain of custody procedures until it is transferred to the proper law enforcement agency. Additionally,
DLA protocols require the examiner to check the local area guidelines for storage procedures for non-
reporting kits. However, DLA recommends a law enforcement agency to be utilized for long-term
evidence storage.7
SAK Submission and Testing
Under s. 943.326, F.S.:
 A SAK from a reporting victim, received by an agency must be submitted to the statewide
criminal analysis laboratory system 8 for forensic testing within 30 days after the evidence is:
o Received by a law enforcement agency and a report of the sexual offense has been
made to the law enforcement agency; or
o Within 30 days after the alleged victim or his or her parent, guardian, or legal
representative, if the alleged victim is a minor, or the victim’s personal representative
if the alleged victim is deceased, requests the evidence to be tested.
 A Florida Department of Law Enforcement (FDLE) or regional county laboratory may only
process evidence from a SAK if there is an accompanying law enforcement report. SAKs
collected from non-reporting victims 9 are not tested unless an alleged victim later reports the
offense or requests such testing.
 SAK testing must be completed no later than 120 days after the SAK is submitted to the
statewide criminal analysis laboratory system.10
 A SAK must be retained in a secure, environmentally safe manner until the agency
prosecuting the associated offense approves the kit’s destruction.
 An alleged victim, or his or her parent, guardian, or legal or personal representative, if the
alleged victim is a minor or deceased, must be informed by either a medical provider
conducting a forensic physical examination for the purpose of collecting a SAK, or by a law
enforcement agency that collects other DNA evidence associated with the sexual offense if
no SAK is collected of the purpose of submitting evidence for testing and of the right to
request testing.11
While s. 943.326, F.S., currently provides specific guidance controlling the retention period and
destruction of SAKs collected from reporting victims, there is no clear guidance on retention or
destruction procedures for SAKs collected from non-reporting victims. Accordingly, under current
practice, a kit collected from a non-reporting victim is destroyed at an undefined interval or, in some
cases, retained indefinitely, as it never reaches the purview of any prosecuting agency.
Florida Track-Kit
Florida Track-Kit, established by FDLE pursuant to s. 943.326, F.S., is a statewide database that allows
law enforcement, an alleged victim, and an alleged victim’s parent, guardian, or legal representative, if
the alleged victim is a minor, or an alleged victim’s personal representative if the alleged victim is
deceased, to track the location, processing status, and storage of each SAK collected. The database
tracks a SAK’s status throughout the criminal justice process, including the kit’s initial collection at a
medical facility, storage, analysis, and eventual destruction. Law enforcement agencies, medical
facilities, crime laboratories, and any other facility that collects, receives, maintains, stores, or
preserves SAKs are required to participate in the database.
7 DLA, supra at note 3, pp. 20-21.
8 Generally, law enforcement agencies in Florida submit SAKs for DNA testing to the statewide criminal analysis laboratory syst em,
which consists of six laboratories operated by FDLE in Ft. Myers, Jacksonville, Pensacola, Orlando, Tallahassee, and Tampa an d five
regional county laboratories in Broward, Indian River, Miami-Dade, Palm Beach, and Pinellas Counties. S. 943.32, F.S.
9 According to FDLE protocols, testing a non-reporting victim’s SAK would violate the confidentiality and privacy of the victim’s hea lth
records under the Health Insurance Portability and Accountability Act. FDLE, supra at note 7.
10 The statutory timeline is satisfied when a member of the statewide criminal analysis laboratory system tests the contents of the SAK
in an attempt to identify the foreign DNA attributable to a suspect. S. 943.326(4)(b), F.S.
11 S. 943.326, F.S.
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 FDLE is required to notify every alleged victim, and his or her parent, guardian, or legal or personal
representative, if the alleged victim is a minor or deceased, that the database exists and to provide
such individuals with instructions on how to use the database. Additionally, an alleged victim or his or
her parent, guardian, or legal or personal representative, if the alleged victim is a minor or deceased,
must be notified if the victim’s SAK testing results in a DNA match, but such notification must not
release any genetic or other identifying information about the match. The required notification may only
be delayed up to 180 days after the date the match is made, if law enforcement determines notification
would negatively affect an investigation.12
Time Limitations for Prosecution
The statute of limitations (SOL) determines the timeframe in which a criminal prosecution must be
initiated.13 The SOL in effect at the time a crime is committed controls.14 In general, time is calculated
from the day after a person commits an offense, and the filing of a charging document such as an
indictment or information initiates the prosecution for the purpose of satisfying the time limitations. 15
Regardless of whether a charging document is filed, the time limitation does not run during any time an
offender is continuously absent from the state or otherwise undiscoverable because he or she lacks a
reasonably ascertainable home address or place of employment; however, an extension under this
scenario may not exceed the normal time limitation by more than three years. 16
Capital felonies,17 life felonies,18 and felonies resulting in a death are not subject to time constraints,
and the state may bring charges at any time.19 The standard time limitations for other crimes are:20
 Four years for a first-degree felony.
 Three years for a second or third-degree felony.
 Two years for a first-degree misdemeanor.
 One year for a second-degree misdemeanor.
Exceptions to Standard SOL for Sexual Battery Offenses
Exceptions to the standard SOL apply to certain crimes and circumstances. In particular, Florida
extends or removes time limitations or changes the date on which calculation of the SOL begins 21 for
specified sexual battery offenses.22
Under s. 775.15, F.S., the following SOL apply to sexual battery prosecutions:
 No SOL, and prosecution may be commenced at any time, for a specified:
o Sexual battery involving a victim under 16;23
o Sexual battery involving a victim under 18;24
o First-degree felony sexual battery involving a victim under 18;25 and
o First or second-degree felony sexual battery involving a victim 16 or older but less than
18 years of age,26 if the offense is reported within 72 hours of commission.27
12 S. 943.326(4)(c-e), F.S.
13
S. 775.15, F.S.
14 Beyer v. State, 76 So. 3d 1132, 1135 (Fla. 4th DCA 2012).
15 S. 775.15(3-4), F.S.
16 S. 775.15(5), F.S.
17 S. 775.082, F.S.
18
Id.
19 S. 775.15(1), F.S.
20 S. 775.15(2), F.S.
21 See s. 775.15, F.S.
22 An extension of a particular crime’s SOL does not violate the ex post facto clause of the Florida Constitution if the extensi on takes
effect before prosecution of an offense is barred by the old SOL and the new SOL clearly indicates it applies to cases pending upon its
effective date. Art. I, s.10, Fla. Const.; Andrews v. State, 392 So. 2d 270, 271 (Fla. 2d DCA 1980).
23 Prosecution must not have been barred by s. 775.15(2), F.S., on or before July 1, 2010. S. 775.15(13)(c), F.S.
24 Prosecution must not have been barred by s. 775.15(2), F.S., on or before July 1, 2020. S. 775.15(20), F.S.
25 Prosecution must not have been barred by s. 775.15(2), F.S., on or before October 1, 2003. S. 775.15(13)(b), F.S.
26 If a victim is less than 18 years of age, prosecution of the offense must not have been barred by s. 775.15(2), F.S., on or before
December 31, 1984. S. 775.15(13)(a), F.S.
27 S. 775.15(13)(a) and (14)(a), F.S.
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