Florida 2024 Regular Session Status: Enacted

SB 764 — Retention of Sexual Offense Evidence

Last action — Chapter No. 2024-169

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced December 06, 2023. Enacted.

Signed by Governor Ron DeSantis (Republican) on May 10, 2024.

Prognosis

Likely to advance 76% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 4 sponsors

    4 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 5 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Retention of Sexual Offense Evidence; Requiring that specified sexual offense evidence be retained by specified entities for a minimum number of years after the collection date; requiring that such evidence be stored anonymously in a secure, environmentally safe manner, and with a documented chain of custody; providing requirements for the transferring, storing, and destruction of such sexual offense evidence, etc.

Bill Text

What changed in the latest version

12 added · 13 removed

12 line(s) added, 13 removed.

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Florida Senate - 2024 CS for CS for SB 764 By the Appropriations Committee on Criminal and Civil Justice;
Florida Senate - 2024 CS for SB 764 By the Committee on Criminal Justice;
the Committee on Criminal Justice;
and Senator Stewart 591-02001-24 2024764c1 A bill to be entitled An act relating to retention of sexual offense evidence;
and Senator Stewart 604-03138-24 2024764c2 A bill to be entitled An act relating to retention of sexual offense evidence;
Florida Senate - 2024 CS for CS for SB 764 604-03138-24 2024764c2 alleged victim is deceased.
Florida Senate - 2024 CS for SB 764 591-02001-24 2024764c1 alleged victim is deceased.
A sexual offense evidence kit that is collected from a person who does not report a sexual offense to a law enforcement agency during the forensic physical examination and who does not make a request, or have a request made on his or her behalf, in compliance with paragraph (1)(b) must be retained for a minimum of 50 years after the collection date by the medical facility that collected the kit, a certified rape crisis center with appropriate storage capabilities, or a law enforcement agency.
A sexual offense evidence kit that is collected from a person who does not report a sexual offense to a law enforcement agency during the forensic physical examination and who does not make a request, or have a request made on his or her behalf, in compliance with paragraph (1)(b) must be retained for a minimum of 8 years after the collection date by the medical facility that collected the kit, a certified rape crisis center with appropriate storage capabilities, or a law enforcement agency.
Florida Senate - 2024 CS for CS for SB 764 604-03138-24 2024764c2 secure, environmentally safe manner, and with a documented chain of custody.
Florida Senate - 2024 CS for SB 764 591-02001-24 2024764c1 secure, environmentally safe manner, and with a documented chain of custody.
Florida Senate - 2024 CS for CS for SB 764 604-03138-24 2024764c2 laboratory may receive and examine other items directly related to the crime scene, such as clothing or bedding or personal items left behind by the suspect.
Florida Senate - 2024 CS for SB 764 591-02001-24 2024764c1 laboratory may receive and examine other items directly related to the crime scene, such as clothing or bedding or personal items left behind by the suspect.
Florida Senate - 2024 CS for CS for SB 764 604-03138-24 2024764c2 to access it and informed that he or she is entitled to access to information regarding the alleged victim’s sexual offense evidence kit, including tracking information, testing status, and any DNA matches to a person deemed by investigators to be a suspect or person of interest.
Florida Senate - 2024 CS for SB 764 591-02001-24 2024764c1 to access it and informed that he or she is entitled to access to information regarding the alleged victim’s sexual offense evidence kit, including tracking information, testing status, and any DNA matches to a person deemed by investigators to be a suspect or person of interest.
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Action History

  1. Chapter No. 2024-169

  2. Approved by Governor

  3. Signed by Officers and presented to Governor

  4. Ordered enrolled

  5. CS passed; YEAS 112, NAYS 1

  6. Read 3rd time

  7. Added to Third Reading Calendar

  8. Placed on 3rd reading

  9. Read 2nd time

  10. 1st Reading (Engrossed 1)

  11. Bill added to Special Order Calendar (3/4/2024)

  12. Bill referred to House Calendar

  13. In Messages

  14. CS passed as amended; YEAS 40 NAYS 0

  15. Read 3rd time

  16. Amendment(s) adopted (408362)

  17. Read 2nd time

  18. CS/CS/CS by Fiscal Policy read 1st time

  19. Placed on Special Order Calendar, 02/28/24

  20. Placed on Calendar, on 2nd reading

  21. Pending reference review -under Rule 4.7(2) - (Committee Substitute)

  22. CS/CS/CS by- Fiscal Policy; YEAS 16 NAYS 0

  23. On Committee agenda-- Fiscal Policy, 02/22/24, 12:00 pm, 412 Knott Building

  24. CS/CS by Appropriations Committee on Criminal and Civil Justice read 1st time

  25. Now in Fiscal Policy

  26. Pending reference review under Rule 4.7(2) - (Committee Substitute)

  27. CS/CS by Appropriations Committee on Criminal and Civil Justice; YEAS 10 NAYS 0

  28. On Committee agenda-- Appropriations Committee on Criminal and Civil Justice, 02/08/24, 2:00 pm, 37 Senate Building

  29. Now in Appropriations Committee on Criminal and Civil Justice

  30. CS by Criminal Justice read 1st time

  31. Pending reference review under Rule 4.7(2) - (Committee Substitute)

  32. CS by Criminal Justice; YEAS 8 NAYS 0

  33. Introduced

  34. On Committee agenda-- Criminal Justice, 01/10/24, 8:30 am, 37 Senate Building

  35. Referred to Criminal Justice; Appropriations Committee on Criminal and Civil Justice; Fiscal Policy

  36. Filed

Sponsors

  • Appropriations Committee on Criminal and Civil Justice · Primary
  • Fiscal Policy · Primary
  • Criminal Justice · Primary
  • Stewart · Primary

Sponsorship breakdown

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4 sponsors · 0 co-sponsors · 160 not signed on · 1 voted No

Sponsors (4)

  • Appropriations Committee on Criminal and Civil Justice
  • Fiscal Policy
  • Criminal Justice
  • Stewart

Co-sponsors (0)

None.

Not signed on (160)

160 members have not signed on to this bill.

Show all 160 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passage, Third Reading

Passed 112 Yea · 1 Nay · 7 Other
Party YeaNayPresentNot Voting
Republican 63102
Democrat 26003
Unaffiliated 23002
Total 112107
% of votes cast 93%1%0%6%
How each member voted (120)
Member Party Vote
Altman — Yea
Payne — Yea
Amesty — Yea
Fine — Yea
Renner — Yea
Roach — Yea
Bell — Yea
Grant — Yea
Beltran — Yea
Rommel — Yea
Benjamin — Yea
Roth — Yea
Rudman — Yea
Silvers — Yea
Keen — Yea
Killebrew — Yea
Caruso — Yea
Temple — Yea
Tomkow — Yea
Clemons — Yea
Waldron — Yea
Williams — Yea
Stevenson — Not Voting
Casello — Not Voting
Lopez, V. — Yea
Antone, Bruce Hadley Democrat Yea
Arrington, Kristen Aston Democrat Yea
Bartleman, Robin Democrat Yea
Bracy Davis, LaVon Democrat Yea
Campbell, Daryl Democrat Yea
Chambliss, Kevin D. Democrat Yea
Cross, Lindsay Democrat Yea
Daley, Dan Democrat Yea
Daniels, Kimberly Democrat Not Voting
Driskell, Fentrice Democrat Yea
Dunkley, Lisa Democrat Yea
Edmonds, Jervonte "Tae" Democrat Yea
Eskamani, Dr. Anna V. Democrat Yea
Franklin II, Gallop Democrat Yea
Gantt, Ashley Viola Democrat Yea
Gottlieb, Michael "Mike" Democrat Yea
Gregory, Emily Democrat Yea
Harris, Jennifer "Rita" Democrat Yea
Hart-Lowman, Dianne "Ms Dee" Democrat Yea
Hinson, Yvonne Hayes Democrat Yea
Hunschofsky, Christine Democrat Yea
Joseph, Dotie Democrat Not Voting
López, Johanna Democrat Yea
Nixon, Angela "Angie" Democrat Yea
Rayner, Michele K. Democrat Yea
Robinson, Felicia Simone Democrat Yea
Skidmore, Kelly Democrat Not Voting
Tant, Allison Democrat Yea
Woodson, Marie Paule Democrat Yea
Abbott, Shane G. Republican Yea
Alvarez, Daniel Antonio "Danny" Republican Yea
Anderson, Adam Republican Yea
Andrade, Robert Alexander "Alex" Republican Yea
Baker, Jessica Republican Yea
Bankson, Douglas Michael "Doug" Republican Yea
Barnaby, Webster Republican Yea
Basabe, Fabián Republican Yea
Berfield, Kimberly Republican Yea
Black, Dean Republican Yea
Borrero, David Republican Yea
Botana, Adam Republican Yea
Brackett, Robert A. "Robbie" Republican Yea
Brannan III, Robert Charles "Chuck" Republican Yea
Buchanan, James Republican Yea
Busatta, Demi Republican Yea
Canady, Jennifer Republican Yea
Cassel, Hillary Republican Yea
Chamberlin, Ryan Republican Yea
Chaney, Linda Republican Yea
Duggan, Wyman Republican Yea
Esposito, Tiffany Republican Yea
Fabricio, Tom Republican Yea
Garcia, Ileana Republican Yea
Garrison, Sam Republican Yea
Giallombardo, Mike Republican Nay
Gonzalez Pittman, Karen Republican Yea
Gossett-Seidman, Peggy Republican Yea
Griffitts Jr., Philip Wayne "Griff" Republican Yea
Holcomb, Jeff Republican Yea
Jacques, Berny Republican Yea
Koster, Traci Republican Yea
LaMarca, Chip Republican Yea
Leek, Thomas J. "Tom" Republican Yea
Maggard, Randall Scott "Randy" Republican Yea
Maney, Patt Republican Yea
Massullo, Ralph E., Jr. Republican Yea
McClain, Stan Republican Yea
McClure, Lawrence Republican Yea
McFarland, Fiona Republican Yea
Melo, Lauren Republican Yea
Michael, Kiyan Republican Yea
Mooney Jr., James Vernon "Jim" Republican Yea
Overdorf, Tobin Rogers "Toby" Republican Yea
Perez, Daniel Republican Yea
Persons-Mulicka, Jenna Republican Yea
Plakon, Rachel Saunders Republican Yea
Plasencia, Susan Republican Yea
Porras, Juan Carlos Republican Yea
Redondo, Mike Republican Yea
Rizo, Alex Republican Yea
Robinson Jr., William Cloud "Will" Republican Yea
Salzman, Michelle Republican Yea
Shoaf, Jason Republican Yea
Sirois, Tyler I. Republican Not Voting
Smith, David Republican Yea
Snyder, John Republican Yea
Stark, Paula A. Republican Yea
Steele, Kevin M. Republican Yea
Trabulsy, Dana Republican Yea
Tramont, Chase Republican Not Voting
Truenow, Keith L. Republican Yea
Tuck, Kaylee Republican Yea
Valdés, Susan L. Republican Yea
Yarkosky, Taylor Michael Republican Yea
Yeager, Bradford Troy "Brad" Republican Yea

Official roll call →

Third Reading

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democrat 6000
No Party Affiliation 1000
Republican 22000
Unaffiliated 11000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
Powell — Yea
Baxley — Yea
Book — Yea
Stewart — Yea
Hutson — Yea
Ingoglia — Yea
Torres — Yea
Broxson — Yea
Collins — Yea
Perry — Yea
Thompson, Geraldine F. "Geri" — Yea
Berman, Lori Democrat Yea
Davis, Tracie Democrat Yea
Jones, Shevrin D. "Shev" Democrat Yea
Osgood, Rosalind Democrat Yea
Polsky, Tina Scott Democrat Yea
Rouson, Darryl Ervin Democrat Yea
Pizzo, Jason W. B. No Party Affiliation Yea
Albritton, Ben Republican Yea
Boyd, Jim Republican Yea
Bradley, Jennifer Republican Yea
Brodeur, Jason Republican Yea
Burgess, Danny Republican Yea
Burton, Colleen Republican Yea
Calatayud, Alexis Republican Yea
DiCeglie, Nick Republican Yea
Garcia, Ileana Republican Yea
Grall, Erin Republican Yea
Gruters, Joe Republican Yea
Harrell, Gayle Republican Yea
Hooper, Ed Republican Yea
Martin, Jonathan Republican Yea
Mayfield, Debbie Republican Yea
Passidomo, Kathleen Republican Yea
Rodriguez, Ana Maria Republican Yea
Simon, Corey Republican Yea
Trumbull, Jay Republican Yea
Vacant Republican Yea
Wright, Tom A. Republican Yea
Yarborough, Clay Republican Yea

Official roll call →

Favorable with Committee Substitute

Passed 16 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Republican 11001
Democrat 2001
Unaffiliated 3002
Total 16004
% of votes cast 80%0%0%20%
How each member voted (20)
Member Party Vote
Collins — Yea
Stewart — Yea
Torres — Not Voting
Hutson — Not Voting
Thompson, Geraldine F. "Geri" — Yea
Berman, Lori Democrat Yea
Jones, Shevrin D. "Shev" Democrat Not Voting
Osgood, Rosalind Democrat Yea
Albritton, Ben Republican Yea
Boyd, Jim Republican Yea
Burton, Colleen Republican Yea
Calatayud, Alexis Republican Yea
DiCeglie, Nick Republican Yea
Garcia, Ileana Republican Not Voting
Mayfield, Debbie Republican Yea
Rodriguez, Ana Maria Republican Yea
Simon, Corey Republican Yea
Trumbull, Jay Republican Yea
Wright, Tom A. Republican Yea
Yarborough, Clay Republican Yea

Official roll call →

Favorable with Committee Substitute

Passed 10 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 3000
Republican 5000
No Party Affiliation 1000
Democrat 1000
Total 10000
% of votes cast 100%0%0%0%
How each member voted (10)
Member Party Vote
Baxley — Yea
Torres — Yea
Powell — Yea
Rouson, Darryl Ervin Democrat Yea
Pizzo, Jason W. B. No Party Affiliation Yea
Bradley, Jennifer Republican Yea
Burgess, Danny Republican Yea
Hooper, Ed Republican Yea
Martin, Jonathan Republican Yea
Yarborough, Clay Republican Yea

Official roll call →

Favorable with Committee Substitute

Passed 8 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 3000
No Party Affiliation 1000
Democrat 1000
Republican 3000
Total 8000
% of votes cast 100%0%0%0%
How each member voted (8)
Member Party Vote
Ingoglia — Yea
Perry — Yea
Powell — Yea
Polsky, Tina Scott Democrat Yea
Pizzo, Jason W. B. No Party Affiliation Yea
Bradley, Jennifer Republican Yea
Martin, Jonathan Republican Yea
Yarborough, Clay Republican Yea

Official roll call →

Subjects

public-safety civil-rights
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Frequently asked questions

What does SB 764 do?
Retention of Sexual Offense Evidence; Requiring that specified sexual offense evidence be retained by specified entities for a minimum number of years after the collection date; requiring that such evidence be stored anonymously in a secure, environmentally safe manner, and with a documented chain of custody; providing requirements for the transferring, storing, and destruction of such sexual offense evidence, etc.
Who sponsors SB 764?
SB 764 is sponsored by Appropriations Committee on Criminal and Civil Justice, Fiscal Policy, Criminal Justice, and Stewart.
What is the current status of SB 764?
This bill has been enacted into law. Introduced December 06, 2023. Enacted.
Where can I track SB 764?
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