Privacy Law Library

Protecting DNA Privacy Act: Unlawful Use of DNA

Florida DNA Privacy Act

Genetic

Enacted by HB 833 (2021), this law makes it a crime to collect, analyze, disclose, or sell someone's DNA without their express consent. It applies even where the sample was first collected with consent, so a genetic-testing company that later sells or transfers a sample or results needs fresh express consent.

Where
Florida
Citation
Fla. Stat. 817.5655
Status
In force
In force since
2021-10-01
Enforced by
State attorneys (criminal)
People can sue
No
Penalties
Willfully collecting or retaining a DNA sample without express consent for analysis is a first-degree misdemeanor; submitting a sample or conducting analysis without consent, or disclosing results, is a third-degree felony; selling or transferring a sample or results without consent is a second-degree felony. Each instance is a separate violation (817.5655(2)-(6)).
Applies to
  • Any person who collects, retains, analyzes, discloses, sells, or transfers another person's DNA sample or analysis results, for DNA samples collected from a person in Florida (817.5655(2)-(5), (8))

Practices it requires

  • Do not collect or retain another person's DNA sample with intent to analyze it without express consent.Fla. Stat. 817.5655(2)
  • Do not submit a DNA sample for analysis, or conduct or procure DNA analysis, without express consent.Fla. Stat. 817.5655(3)
  • Do not disclose another person's DNA analysis results to a third party without express consent, unless the person previously disclosed them voluntarily.Fla. Stat. 817.5655(4)
  • Do not sell or otherwise transfer another person's DNA sample or results to a third party without express consent, even if the sample was originally collected with consent.Fla. Stat. 817.5655(5)

Sources

Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.

Research reference, not legal advice.