FAQs About Florida's Protecting DNA Privacy Act

The contents of this page are provided for general informational purposes only and are not intended to and do not constitute legal advice. While we have tried to explain Leda’s approach to Florida’s Protecting DNA Privacy Act, you should not rely upon the information on this site as a substitute for your own judgement or the advice of your attorney. Information on this website may not constitute the most up-to-date or accurate information. 

What is the Protecting DNA Privacy Act in Florida?

The Protecting DNA Privacy Act (“Act”), effective October 1, 2021, makes it a crime to, among other things, collect or retain another person’s DNA sample with the intent to perform DNA analysis without that person’s express consent. The Act also makes it a crime to submit another person’s DNA sample for DNA analysis without that person’s express consent. Additionally, the Act also criminalizes certain behavior regarding the disclosure, transfer, or sale of another person’s DNA analysis without express consent.

In limited situations, the Act does not apply. One exception is when a DNA sample, DNA analysis, or the results of a DNA analysis are used for the purposes of a criminal investigation or prosecution.

You may read the full law here, and we strongly suggest that you review and understand this law before proceeding if you are using Leda’s services in Florida or experienced a sexual assault in Florida.

May I still use Leda’s kit if I experienced a sexual assault in Florida?

In response to the enactment of the Act, Leda now requires that if you are a survivor in Florida or experienced a sexual assault in Florida, you must attest to your intent to use evidence collected from a Leda kit for the purposes of a criminal investigation or prosecution before having access to a kit. Additionally, you must submit a copy of a police report or proof of criminal charge related to the sexual assault for which you have used a kit if you wish to submit your self-collected evidence for testing by our partner lab.

You may navigate eligibility for a kit here.

If I am sexually assaulted in Florida, do I still have access to a sexual assault forensic exam?

Yes. In-person care is always an option. Find a care center near you.

If I am not sure what I want to do with any DNA sample collected, may I still use Leda’s kit?

Because the Act is a new law and there remain open questions about how it will be interpreted and enforced, Leda at this time does not provide access to our Kit to survivors in Florida who are not sure about their intent in collecting DNA samples after an assault. We recognize the importance of providing our services to as many survivors as possible, but have made this decision taking into account the severity of the criminal penalties that may arise from violations of the Act.

What is Leda doing to ensure access to care?

We believe that survivors should have meaningful options after experiencing a sexual assault and recognize that police involvement is not the choice that all survivors wish to make. We are working with local legislators to provide a path that allows survivors to be fully empowered to make informed choices about their bodies and their futures.

If I’m in Florida, how do I report a sexual assault?

You may report a sexual assault by calling 911 or finding an in-person exam center here. If the assault happened more than 120 hours ago, you could also call the non-emergency number of your local police department. Below is a list of local numbers for the universities we service. We understand this is not easy and are here to support you.

University of North Florida

University Police Department
(904) 620-2800

Jacksonville Sheriff’s Office, Non-Emergency
(904) 630-0500

Jacksonville University

Jacksonville Sheriff’s Office, Non-Emergency
(904) 630-0500

The University of Tampa

University of Tampa's Department of Campus Safety
(813) 257-7777

Tampa Police Department
(813) 276-3200

University of South Florida Main Campus

University of South Florida Main Campus Safety
(813) 974-2628

Hillsborough County Sheriff's Office
(813) 247-8200