The Florida Senate announced that Governor Ron DeSantis has signed SB 764 into law. The legislation, sponsored by Senator Linda Stewart (D–Orlando), mandates that the Florida Department of Law Enforcement (FDLE) retain sexual offense evidence kits of non-reporting persons for 50 years.
"Throughout my time in the legislature I have worked for survivors of sexual assault and with FDLE to streamline the retention of and access to sexual evidence kits. This final installment was brought to me by the department and would standardize retention times for sexual assault kits for persons that choose not to immediately report the crime to law enforcement," Stewart stated in a press release.
According to a Florida Senate press release, current law requires sexual offense-related DNA evidence collected by investigators to be submitted to a statewide criminal analysis laboratory system. The lab typically completes forensic testing within 30 days after receipt by investigators or after a medical provider or law enforcement agency requests evidence testing.
The enactment of SB 764 expands the system to permit DNA evidence to be retained for 50 years should a victim decide not to immediately report the crime. This new law requires the evidence to be stored anonymously as well as the establishment of a documented chain of custody, which will provide the victim time to decide on whether or not to report the offense.
Stewart continued in the press release, "The survivors of these traumatic incidents may not want anyone to know what has happened to them. With the signing of this bill we guarantee that they have the ability to access their evidence should they later choose to prosecute. It’s also possible that other crimes could be solved with this evidence, and the chain of custody will be secure for any victim seeking justice."