Unlawful use of DNA; penalties; exceptions.

(1) As used in this section, the terms “DNA analysis,” “DNA sample,” and “express consent” have the same meanings as in s. 760.40(1)(a), (b), and (d), respectively.

(2) It is unlawful for a person to willfully, and without express consent, collect or retain another person’s DNA sample with the intent to perform DNA analysis. A person who violates this subsection commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

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

(4) It is unlawful for a person to willfully, and without express consent, disclose another person’s DNA analysis results to a third party. A person who violates this subsection commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. A person who discloses another person’s DNA analysis results that were previously voluntarily disclosed by the person whose DNA was analyzed, or such person’s legal guardian or authorized representative, does not violate this subsection.

(5) It is unlawful for a person to willfully, and without express consent, sell or otherwise transfer another person’s DNA sample or the results of another person’s DNA analysis to a third party, regardless of whether the DNA sample was originally collected, retained, or analyzed with express consent. A person who violates this subsection commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(6) Each instance of collection or retention, submission or analysis, or disclosure in violation of this section constitutes a separate violation for which a separate penalty is authorized.

(7) This section and s. 760.40 do not apply to a DNA sample, a DNA analysis, or the results of a DNA analysis used for the purposes of:

(a) Criminal investigation or prosecution;

(b) Complying with a subpoena, summons, or other lawful court order;

(c) Complying with federal law;

(d) Medical diagnosis, conducting quality assessments, improvement activities, and treatment of a patient when:

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

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

(e) The newborn screening program established in s. 383.14;

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

(g) Performing any activity authorized under s. 943.325; or

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

(8) The provisions of this section and s. 760.40 apply only to a DNA sample collected from a person in Florida, and to use, retention, maintenance, and disclosure of such person’s DNA sample or the results of a DNA analysis after the effective date of this act.