HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/CS/HB 673 DNA Evidence Collected in Sexual Offense Investigations
SPONSOR(S): Judiciary Committee, Criminal Justice & Public Safety Subcommittee, Slosberg and others
TIED BILLS: IDEN./SIM. BILLS: SB 1002
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Criminal Justice & Public Safety Subcommittee 17 Y, 0 N, As CS Frost Hall
2) Justice Appropriations Subcommittee 14 Y, 0 N Jones Keith
3) Judiciary Committee 20 Y, 0 N, As CS Frost Kramer
SUMMARY ANALYSIS
A sexual assault kit (SAK), sometimes referred to as a “rape kit,” is the medical kit used to collect evidence
from the body and clothing of a victim of a sexual offense during a forensic physical examination. A SAK is
submitted by a law enforcement agency to a crime laboratory for DNA analysis and resulting DNA profiles are
uploaded to local, state, and federal DNA databases to attempt to identify the perpetrator.
In September 2019, FDLE completed processing a backlog of 8,023 untested SAKs, resulting in 1,814
Combined DNA Index System (CODIS) matches. Prior to 2016, Florida did not provide uniform requirements
for testing SAKs. To prevent a further backlog, the Legislature created s. 943.326, F.S., which requires:
 A reporting victim’s SAK to be submitted for testing within 30 days after it is received by a law
enforcement agency, or a victim or his or her representative requests that the evidence be tested.
 An FDLE or regional county laboratory to process evidence from a SAK only if there is an
accompanying law enforcement report. SAKs from non-reporting victims must not be tested unless a
victim later determines he or she would like to report the offense.
 SAK testing to be completed no later than 120 days after it is submitted to a laboratory.
 A collected SAK to be retained in a secure, environmentally safe manner until the prosecuting agency
approves the kit’s destruction.
 The victim, or his or her representative, must be informed of the purpose of testing and of his or her
right to demand testing.
While Florida law enforcement agencies and laboratories may internally track the progress of SAK testing,
Florida does not currently provide any tracking mechanism that provides access to a victim and other entities.
CS/CS/HB 673 creates “Gail’s Law” to require FDLE, subject to an appropriation and no later than July 1,
2023, to create and maintain a statewide database tracking the location, processing status, and storage of
each SAK collected after the database is implemented. The database must be accessible by law enforcement,
alleged victims, and alleged victims’ parents, guardians, or other representatives. The database must track the
status of a SAK from its collection throughout the criminal justice process all the way through the kit’s
destruction. The bill requires FDLE to adopt rules and that specified entities must participate in the database in
accordance with those rules. The bill also requires FDLE to ensure that every victim or victim’s representative
is notified that the database exists and is provided with instructions on how to use it.
Under the bill, a victim must be notified when the analysis of his or her SAK results in a DNA match, but such
notification must not release any identifying information of the match. Such notification may only be delayed up
to 180 days if notifying the required persons would negatively affect an investigation. The bill authorizes FDLE
to phase in participation according to region, volume of kits, and other criteria, but requires all entities in the
chain of custody to fully participate in the statewide database no later than one year after it is created. The bill
also requires FDLE to apply for any available grant funds to assist in implementing the database.
The bill may have a significant negative fiscal impact on FDLE by requiring a statewide SAK tracking database
to be completed by July 1, 2023. See Fiscal Analysis & Economic Impact Statement.
The bill provides an effective date of July 1, 2021.
This document 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
In Florida, a victim of certain sexual offenses may have a forensic physical examination conducted by a
healthcare provider for free, regardless of whether the victim reports the offense to 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 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.
According to protocols developed by the 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 that requires the victim or his or
her legal guardian to indicate that he or she consents to a forensic physical examination for the
preservation of evidence of a sexual offense. DLA protocols provide instructions for sealing the SAK
once a victim’s exam is complete and requires that the SAK must stay with the examiner or secured in
a locked area with limited access and proper chain of custody procedures until transferred to the proper
law enforcement agency.4
Previous SAK Backlog
Investigative reporting in the 2000’s revealed that large cities like New York and Los Angeles, among
others held large numbers of SAKs that were never submitted to a laboratory for DNA testing.5 Florida
was among the states with a significant SAK backlog. In response, in 2015, the Legislature allocated
$300,000 to the Florida Department of Law Enforcement (FDLE) to conduct a statewide assessment of
untested SAKs, including those that were not yet submitted for analysis.
In January 2016, FDLE reported its findings and began a three-year plan to remedy the backlog of
untested SAKs. In September 2019, FDLE completed the three-year project to process untested SAKs
submitted by local law enforcement agencies to an FDLE laboratory. In total, 8,023 SAKs were
processed, resulting in 1,814 Combined DNA Index System (CODIS) hits. CODIS enables federal,
state and local agencies to compare DNA profiles electronically, linking crimes to each other and known
offenders.6
1 S. 960.28, F.S.
2 The White House, Office of the Press Secretary, Fact Sheet: Investments to Reduce The National Rape Kit Backlog And Combat
Violence Against Women, (Mar. 16, 2015) https://obamawhitehouse.archives.gov/the-press-office/2015/03/16/fact-sheet-investments-
reduce-national-rape-kit-backlog-and-combat-viole (last visited Apr. 6, 2021).
3 Florida Department of Legal Affairs, Division of Victim Services and Criminal Justice Programs, Adult and Child Sexual Assault
Protocols: Initial Forensic Physical Examination, (Apr. 2015), pp. 12-13, https://myfloridalegal.com/webfiles.nsf/WF/JFAO-
77TKCT/$file/ACSP.pdf; Florida Council Against Sexual Violence, Sexual Assault Nurse Examiner Program Guidance Document,
Forensic Exam: Evidence Collection; (May 29, 2018)
https://www.fcasv.org/sites/default/files/Evidence%20Collection%20Guidance%20Document%205.29.18%20%20FINAL.docx.pdf;
Florida Department of Law Enforcement, Sexual Assault/Forensic/Medical Exam, http://www.fdle.state.fl.us/Documents/SAEKrev5.aspx
(last visited Apr. 6, 2021).
4 Id. at pp. 20-21. See also Florida Department of Law Enforcement, Crime Laboratory Evidence Submission Manual, (Mar. 2020), p.
15, https://www.fdle.state.fl.us/Forensics/Documents/2020-ESM (last visited Apr. 6, 2021).
5 Madeleine Carlisle, A New System to Ensure Sexual-Assault Cases Aren’t Forgotten, The Atlantic, (Apr. 7, 2019)
https://www.theatlantic.com/politics/archive/2019/04/many-states-are-adopting-rape-kit-tracking-systems/586531/ (last visited Apr. 6,
2021).
6 FBI, Frequently Asked Questions on CODIS and NDIS, https://www.fbi.gov/services/laboratory/biometric-analysis/codis/codis-and-
ndis-fact-sheet (last visited Apr. 6, 2021).
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 SAK Submission and Testing
Prior to 2016, Florida did not set statewide standards or expectations for submitting SAKs, and the
decision to submit a SAK rested solely with local law enforcement agencies.7 To prevent a further
backlog of untested SAKs, in 2016, the Legislature created standardized protocols for collecting,
testing, storing, and ultimately destroying SAKs.8 Under s. 943.326, F.S.:
 A SAK from a reporting victim, received by an agency on or after July 1, 2016, must be
submitted to the statewide criminal analysis laboratory system for forensic testing within 30 days
after the evidence is received by a law enforcement agency, or within 30 days after the victim or
his or her parent, guardian, or representative requests that the evidence be tested.
 An FDLE or regional county laboratory may only process evidence from a SAK if there is an
accompanying law enforcement report. SAKs from non-reporting victims9 will not be tested
unless a victim later reports the offense or requests such testing.
 SAK testing must be completed no later than 120 days after it is submitted to a member of the
statewide criminal analysis laboratory system.10
 A collected SAK must be retained in a secure, environmentally safe manner until the agency
prosecuting the associated offense approves the kit’s destruction.
 A victim, or his or her representative, must be informed of the purpose of testing and of his or
her right to demand testing by either the medical provider conducting the forensic physical
examination, or if no SAK is collected or the SAK provides no results,11 by a law enforcement
agency that collects the other DNA evidence associated with the offense.12
Generally, law enforcement agencies in Florida submit SAKs for DNA testing to the statewide criminal
analysis laboratory system, which consists of six laboratories operated by FDLE in Ft. Myers,
Jacksonville, Pensacola, Orlando, Tallahassee, and Tampa and five local laboratories in Broward,
Indian River, Miami-Dade, Palm Beach, and Pinellas Counties.13
The state crime laboratories perform DNA testing on evidence received from a law enforcement
agency, comparing the SAK or crime scene DNA evidence to known DNA samples. The DNA samples
from the SAK or other crime scene evidence that do not match the victim’s DNA may be attributed to
the suspect.14 The suspect’s DNA from the SAK or the crime scene may be submitted to the local, state
or federal CODIS database to be searched against local, state, and national casework index files and
convicted offender profiles, which may reveal the identity of the perpetrator.15
Statewide SAK Tracking Databases
7 Id. at pp. 2-3.
8 Ch. 2016-72, Laws of Fla.
9 A non-reporting victim is one who did not authorize reporting the assault to law enforcement, therefore no police or incident report
exists. The medical provider will still carry out the complete forensic and medical examination and the evidence will be preserved and
maintained in a manner that protects the identity of the victim. 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 their identity known and the forensic examination record available to the
law enforcement agency. According to FDLE protocols, testing a non-reporting victim’s SAK would violate the confidentiality and privacy
of the victim’s health records under the Health Insurance Portability and Accountability Act (HIPAA). Florida Department of Law
Enforcement, Sexual Assault Kit Submissions Frequently Asked Questions, p. 1,
https://www.fdle.state.fl.us/Forensics/Documents/Sexual-Assault-Kit-FAQs-for-LEA_Final.aspx (last visited Apr. 6, 2021).
10 FDLE indicated it has complied with the 120-day requirement for the past three years, and the average completion time for SAK
analyses is 85 days, with almost 100 percent compliance. Testing satisfies the statutory timeline 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 If no probative results are obtained from a victim’s SAK, other evidence that may carry a suspect’s DNA, such as a victim’s clothing
or bedding, may be accepted for laboratory analysis. Florida Department of Law Enforcement, Crime Laboratory Evidence Submission
Manual, Mar. 2020, pp. 14-15, https://www.fdle.state.fl.us/Forensics/Documents/2020-ESM (last visited Apr. 6, 2021).
12 S. 943.326, F.S.
13 S. 943.32, F.S.
14 Id.
15 Id.
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 In 2016, Idaho became the first state to create its own statewide SAK tracking system. Since then,
Idaho has shared this system with other states for free.16 SAK tracking typically consists of a software
program that provides for the upload of SAK location information by medical, law enforcement, and
laboratory personnel. The database does not contain any personal identification information of a
potential perpetrator, thereby allowing a sexual assault victim to monitor the progress of his or her SAK
through the criminal justice system without compromising an investigation.
The tracking is typically accomplished by checking a randomly assigned bar code matching the bar
code used to track the evidence by law enforcement and laboratories.17 Statewide tracking systems
may provide a more comprehensive assessment of the total SAKs throughout a state by showing how
many SAKs are in possession of a hospital, in law enforcement custody, or at a state laboratory either
awaiting testing or being stored after testing. Currently, 30 states and Washington D.C. have
implemented such a statewide tracking database.18
While Florida law enforcement agencies and laboratories may internally track the progress of SAK
testing, Florida does not currently provide a tracking mechanism that provides continuing access to a
victim or other entities.
Effect of Proposed Changes
CS/CS/HB 673 amends s. 943.326, F.S., to create “Gail’s Law”19 to require FDLE, subject to an
appropriation and no later than July 1, 2023, to create and maintain a statewide database to track the
location, processing status, and storage of each SAK collected after the database is implemented. The
database must be accessible by:
 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.
The database must track a SAK’s status throughout the criminal justice process, including the kit’s
initial collection at a medical facility and all the way through the kit’s storage and eventual destruction.
The bill requires FDLE to adopt rules and requires that law enforcement, medical facilities, crime
laboratories, and any other facility that collects, receives, maintains, stores, or preserves SAKs must
participate in the database, according to such rules.
The bill requires FDLE to notify every victim or his or her parent, guardian, or legal or personal
representative that the database exists and to provide such individuals instructions on how to use the
database. The bill also requires that a victim or his or her parent, guardian, or legal or personal
representative 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, and may be delayed only if
notification would negatively affect an investigation.
16 States that have not adopted Idaho’s tracking system have largely contracted with one of several companies providing services like
around-the-clock technical support. Madeleine Carlisle, A New System to Ensure Sexual-Assault Cases Aren’t Forgotten, The Atlantic,
(Apr. 7, 2019), https://www.theatlantic.com/politics/archive/2019/04/many-states-are-adopting-rape-kit-tracking-systems/586531/. See
also Barbara Sprunt, Virginia Launches Rape Kit Tracking System To Give Control Back To Survivors, National Public Radio, WAMU
88.5, (Oct. 4, 2019), https://www.npr.org/local/305/2019/10/04/767403524/virginia-launches-rape-kit-tracking-system-to-g