Current through Reg. 50, No. 187; September 24, 2024
(1) If a missing child or adult is not
located within 90 days after the missing child or missing adult report is
filed, the law enforcement agency that accepted the report shall attempt to
obtain a biological specimen for DNA analysis from the missing child or missing
adult or from biologically related family members. The law enforcement agency
can provide a biological specimen for DNA analysis prior to the expiration of
the 90-day period.
(2) Submission
of a direct reference sample of the missing child or adult.
(a) The law enforcement agency shall submit a
direct reference sample, which can include a known medical blood sample,
toothbrush, or razor, to the University of North Texas (UNT) Center for Human
Identification Center at 3500 Camp Bowie Blvd., Fort Worth, Texas 76054, phone
number (800)763-3147, or the Federal Bureau of Investigation (FBI) National
Missing Person DNA Database, FBI Laboratory, Evidence Control Unit, Samples for
National Missing Person DNA Database, 2501 Investigation Parkway, Quantico, VA
22135, phone number (703)632-7582. Direct reference sample submission
instructions are also available on the CJNet on the Missing Endangered Persons
Information Clearinghouse Website, under the DNA link, URL address:
http://mcic.flcjn.net/MCICsearch, or contact the Florida Department of Law
Enforcement Missing Endangered Persons Information Clearinghouse, P. O. Box
1489, Tallahassee, Florida 32302-1489, phone number (888)356-4774.
(b) A direct reference sample shall be
accompanied by family reference DNA samples. If no family reference DNA samples
exist, the law enforcement agency shall include a written notice at the time of
the direct reference sample submission.
(c) The law enforcement agency shall follow
the instructions provided by the UNT or the FBI for the collection, labeling,
storage, handling and submission of a direct reference sample.
(d) If no direct reference sample exists, the
law enforcement agency shall attempt to obtain family reference DNA samples for
submission.
(3)
Submission of family reference samples. The law enforcement agency has the
option of collecting buccal swabs or blood samples:
(a) Family reference sample kits for buccal
swab collection are available at no cost from the UNT.
(b) Family reference sample kits for blood
sample collection are available at no cost from the FBI. The withdrawal of
blood for purposes of this section shall be performed in a medically approved
manner using the FBI's family reference sample collection kits, and only by or
under the supervision of a physician, registered nurse, licensed practical
nurse, and any duly licensed medical personnel.
(c) The law enforcement agency shall attempt
to obtain one family reference DNA sample from at least two different
biologically related family members of the missing child or adult.
(d) The priority of sample submission is as
follows: biological mother, biological father, biological siblings, biological
children, maternal relatives, and paternal relatives.
(e) The biologically related family member of
the missing child or adult must be positively identified by the law enforcement
agency prior to submission of the DNA sample. An example of proof of
identification would be a state or federal government issued identification
card containing a photograph of the donor.
(f) The law enforcement agency shall follow
the instructions provided by the UNT or the FBI for the collection, labeling,
storage, handling and submission of family reference
samples.
(4) Law
enforcement state (FCIC) and national (NCIC) database entry requirements:
(a) Upon receipt of the a lab case
identification number from UNT or FBI, the law enforcement agency shall modify
the DNA fields in the missing person entry of the Florida Crime Information
Center (FCIC) and National Crime Information Center (NCIC) databases to
indicate that DNA specimens were collected and submitted. The DNA location
field (DLO) of the missing person entry shall include information regarding the
name of the laboratory, the lab case identification number, contact person, and
the type of specimen submitted.
(b)
If a match occurs between the DNA profiles for a missing child or adult and an
unidentified person, then the law enforcement agency will be notified by the
FBI or the UNT.
(c) Once the
missing child or adult is located or identified, the law enforcement agency
shall provide the UNT or the FBI with written notification on law enforcement
agency letterhead.
Rulemaking Authority
943.03(4),
937.021(7) FS.
Law Implemented 937.021,
937.022
FS.
New 4-16-09.