By Anthony Colarossi Sentinel Staff Writer
June 24, 2005
A pro-law-enforcement measure meant to ensure that every convicted felon in Florida would provide a DNA sample to a state database starting in July will not take effect as expected because lawmakers did not provide the necessary funding.The lack of funding means the enhancement of a high-tech tool to identify criminals will be put off for at least a year, until the money becomes available from lawmakers.During the past few years, state law has added a series of felony crimes for which authorities must collect DNA samples -- whenever someone is convicted on those specific charges.But starting July 1, the statute called for Florida authorities to start collecting DNA samples from every convicted felon. Implementing the comprehensive DNA-collection program, however, was contingent upon the funding. "Every year they funded us, but this year, for whatever reason, they didn't," said David Coffman, crime laboratory supervisor for the Florida Department of Law Enforcement and its DNA convicted-offender database. The failure to set aside the money needed to take on the expected wave of DNA samples prompted Coffman to send a memo late last month to law enforcement explaining that the database was not expanding as expected.FDLE officials anticipated the added felony convictions would triple the number of samples coming into its lab during the first year -- from about 50,000 felon samples during the past 12 months to about 150,000. Felons convicted of a host of serious crimes already are required to submit DNA samples, which are analyzed and put in the state's DNA database. Those crimes include sexual batteries, forcible felonies, homicides, burglaries and robberies."We're collecting the grand majority of all serious felonies," Coffman said.But many other felonies are not included on the list for DNA collection. "What we're really missing are more of the drug convictions," Coffman said. "I don't think anyone argued against it [adding all felonies] in the law-enforcement community."The added samples would create the need for more space, bigger facilities and new equipment, Coffman and other FDLE officials said.FDLE requested nearly $4.5 million for the expansion of the DNA database to include convicted felons, said Kristen Perezluha, a department spokeswoman."We made the request, and I think the legislative staff would be best to explain why it wasn't funded," Perezluha said. She said it is likely FDLE will again ask for the appropriation next year.Law-enforcement officials like to see DNA profiles of criminals added to the database because it may help them solve past or future crimes in which there is DNA evidence that can be matched."A lot of criminals do not commit just one type of crime only," said Ron Stucker, division chief of criminal investigations for the Orange County Sheriff's Office.Stucker said criminals don't typically say to themselves, "I'm only a selective residential burglar, period."Coffman said that statistics prove that notion. Some 56 percent of the offenders linked to a rape or homicide in the DNA database had committed a burglary earlier in their careers, he said.State Sen. Stephen Wise, R-Jacksonville, chairman of the Senate criminal-justice committee, said DNA is "so much better than fingerprints" in helping solve crimes."I'm aware that we didn't do that," Wise said of the Legislature's failure to appropriate funding. "I don't have a clue why we wouldn't fund that."State Sen. Victor Crist, R-Tampa, chairman of the Senate Justice Appropriations Committee, could not be reached for comment Thursday. Howard Simon, executive director of the ACLU of Florida, acknowledged that the courts have decided DNA samples of convicted felons can be preserved.At this point, Simon said he is more concerned about governments collecting and keeping DNA samples of people only suspected of crimes.The collection of DNA information for certain populations could lead to broader groups of people having to submit samples, he said. "What they're essentially doing is collecting as much information on American citizens as possible, starting with a class that has very little sympathy [convicted felons]," Simon said. "But it's a step-by-step process. Protecting privacy rights from Big Brother government is at the heart of what it is to be a conservative." Anthony Colarossi can be reached at acolarossi@orlandosentinel.com or 407-420-6218.
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