Florida Statute 760.40 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLIV
CIVIL RIGHTS

Chapter 760
DISCRIMINATION IN THE TREATMENT OF PERSONS; MINORITY REPRESENTATION

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F.S. 760.40

760.40 Genetic testing; definitions; express consent required; confidentiality; notice of use of results.—

(1) As used in this section, the term:

(a) “DNA analysis” means the medical and biological examination and analysis of a person’s DNA to identify the presence and composition of genes in that person’s body. The term includes DNA typing and genetic testing.

(b) “DNA sample” means any human biological specimen from which DNA can be extracted or the DNA extracted from such specimen.

(c) “Exclusive property” means the right of the person whose DNA has been extracted or analyzed to exercise control over his or her DNA sample and any results of his or her DNA analysis with regard to the collection, use, retention, maintenance, disclosure, or destruction of such sample or analysis results.

(d) “Express consent” means authorization by the person whose DNA is to be extracted or analyzed, or such person’s legal guardian or authorized representative, evidenced by an affirmative action demonstrating an intentional decision, after the person receives a clear and prominent disclosure regarding the manner of collection, use, retention, maintenance, or disclosure of a DNA sample or results of a DNA analysis for specified purposes. A single express consent may authorize every instance of a specified purpose or use.

(2) Except as provided in s. 817.5655, a person or entity may only perform DNA analysis with express consent. The results of such DNA analysis, whether held by a public or private entity, are the exclusive property of the person tested, are confidential, and may not be disclosed without express consent. Such information held by a public entity is exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution.

(3) A person who performs DNA analysis or receives records, results, or findings of DNA analysis must provide the person tested with notice that the analysis was performed or that the information was received. The notice must state that, upon the request of the person tested, the information will be made available to his or her physician. The notice must also state whether the information was used in any decision to grant or deny any insurance, employment, mortgage, loan, credit, or educational opportunity. If the information was used in any decision that resulted in a denial, the analysis must be repeated to verify the accuracy of the first analysis, and if the first analysis is found to be inaccurate, the denial must be reviewed.

History.—s. 1, ch. 92-101; s. 10, ch. 93-204; s. 1, ch. 94-90; s. 420, ch. 96-406; s. 1795, ch. 97-102; s. 15, ch. 98-251; s. 7, ch. 2001-127; s. 40, ch. 2005-39; s. 3, ch. 2009-190; s. 2, ch. 2021-216.

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Amendments to 760.40

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 760.40

Level: Degree
Misdemeanor/Felony: First/Second/Third

S760.40 - INVADE PRIVACY - RENUMBERED. SEE REC # 9467 - M: F

Cases Citing Statute 760.40

Total Results: 8

Greenberg v. MIAMI CHILDREN'S HOSPITAL RES. INST., INC.

264 F. Supp. 2d 1064

District Court, S.D. Florida | Filed: May 29, 2003 | Docket: 2374082

Cited 7 times | Published

statutory duty of informed consent). Florida Statute § 760.40 does require, however, that a person's informed

Housing Opportunities Project for Excellence, Inc. v. Spv Realty, Lc

212 So. 3d 419, 2016 Fla. App. LEXIS 18680

District Court of Appeal of Florida | Filed: Dec 21, 2016 | Docket: 4555832

Cited 1 times | Published

also includes a genetic testing privacy law, section 760.40, a provision empowering the Attorney General

State v. Gibson

150 So. 3d 1240, 2014 Fla. App. LEXIS 18949, 2014 WL 6465119

District Court of Appeal of Florida | Filed: Nov 19, 2014 | Docket: 2606361

Cited 1 times | Published

statewide DNA database. A separate statute, section 760.40, Florida Statutes (2012), the “DNA Database

Doe v. SUNTRUST BANK

32 So. 3d 133, 2010 Fla. App. LEXIS 568, 2010 WL 323031

District Court of Appeal of Florida | Filed: Jan 29, 2010 | Docket: 1662508

Cited 1 times | Published

testing. Additionally, the Does argued that section 760.40, Florida Statutes (2005), prohibits the court

William Marvin Douberley v. Harold Peerenboom

District Court of Appeal of Florida | Filed: Dec 13, 2023 | Docket: 68084211

Published

intentional tort counts relied generally upon section 760.40, Florida Statutes (2013), which at the time

Douberley v. Perlmutter

219 So. 3d 854, 2017 WL 2264617, 2017 Fla. App. LEXIS 7542

District Court of Appeal of Florida | Filed: May 24, 2017 | Docket: 60266949

Published

that the crime-fraud exception applied because section 760.40, Florida Statutes, requires anyone doing DNA

State Of Florida, Dept. Of Revenue v. Gary L. Ceasar, Jr.

188 So. 3d 989, 2016 Fla. App. LEXIS 6248, 2016 WL 1621108

District Court of Appeal of Florida | Filed: Apr 25, 2016 | Docket: 3058398

Published

testing, including notice. See § 760.40(2)(a), Fla. Stat. ("DNA analysis may be performed

Greenberg v. Miami Children's Hospital Research Institute, Inc.

264 F. Supp. 2d 1064, 121 A.L.R. 5th 687, 2003 U.S. Dist. LEXIS 8959, 2003 WL 21246347

District Court, S.D. Florida | Filed: May 29, 2003 | Docket: 65968334

Published

statutory duty of informed consent). Florida Statute § 760.40 does require, however, that a person’s informed