IN AND FOR POLK COUNTY, FLORIDA

WHEREAS, §943.325, Fla. Stat., requiring the collection of biological specimens for the Florida Department of Law Enforcement’s DNA Database, has been amended effective July 1, 2003; and

WHEREAS, it is necessary for the Court to set out the procedures in Polk County which will ensure compliance with the statute; and

WHEREAS, the Court finds that the cost of obtaining biological specimens, which is to be born by the Defendant, is $15.00; and

WHEREAS, the Court has taken into consideration the input and suggestions of the other agencies involved in this process; it is accordingly

ORDERED AND ADJUDGED as follows:

1. Any person ("Defendant"), as defined in Section 943.325(1)(c), Florida Statutes, who is convicted in this state, regardless of adjudication, for any offense or attempted offense specified in Section 943.325, Florida Statutes, and who is placed on probation or community control as a result of such conviction shall be required to submit two (2) specimens of blood or other approved biological specimens as further provided in this Order.

2. At the time of sentencing, each defendant from whom samples are to be obtained pursuant to Statute 943.325, Florida Statutes, shall submit two (2) specimens of blood or other approved biological specimens prior to leaving the courtroom. The specimens shall be collected by the Polk County Sheriff’s Office. The Polk County Sheriff’s Office shall maintain the safe storage of the specimens and forward them to Florida’s Department of Law Enforcement in a timely manner.

3. Should a defendant transfer into Polk County while under supervision for a qualifying offense who has not previously provided DNA specimens pursuant to F.S 943.325, the defendant shall be ordered by his supervising probation/community control officer to appear on a designated Saturday at the Polk County Jail Annex lobby between 8:00 a.m. and 10:00 a.m., and shall there submit two (2) specimens of blood or other approved biological specimens to a person designated by the Polk County Sheriff’s Office to collect such specimens, at his or her own expense, at this time a cost of $15.00. The Defendant will be instructed to bring $15.00 cash or a blank money order for $15.00. DOC shall provide the Polk County Sheriff’s Office information identifying those defendants who have been directed to appear at the jail and provide DNA specimens, together with the dates and times of their directed appearance.

4. Those Defendants required to submit specimens in paragraph three (3) above, who fail to appear at the appointed time will be classified as "no-Shows". The Polk County Sheriff’s Office shall forward a list of "no-shows" to the contact person at the Department of Corrections. The contact person will notify the supervisor/officer responsible for follow-up action who will prepare a "DNA Affidavit/Order to Detain" order stating that the Defendant has failed to appear and provide the required specimens. Once the order to detain is entered by the sentencing judge, copies will be provided to the Department of Corrections and the Polk County Sheriff’s Office Warrants Division to be executed.

5. When the "no-show" Defendant is taken into custody, he/she will be transported to the Polk County Jail where the specimens will be obtained in a manner reasonable necessary to obtain them pursuant to Section 943.325(11), Florida Statutes. Absent an independent basis to continue detention of the defendant, the defendant shall then be released from detention.

Any person ("Defendant") who is convicted in this state, regardless of adjudication, for any offense or attempted offense specified in Section 943.325, Florida Statutes, and who is sentenced to a period of incarceration in the Polk County Jail, to the Florida State Prison system, or to the Department of Juvenile Justice as a result of such conviction, and who has not previously provided biological specimens at the time of sentencing, shall submit two (2) specimens of blood or other approved biological specimens to jail personnel, to the Department of Corrections, or to the Department of Juvenile Justice, as applicable, while in custody

This Order shall have effect upon entry.

Administrative Order No. 2-54.0 is hereby SUPERCEDED.

DONE AND ORDERED on this 13th day of January 2004.

RONALD A. HERRING, Chief Judge