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Date: 08/27/15 Revision: 06/25/21 Reviewed: 11/05/24 HILLSBOROUGH COUNTY SHERIFF’S OFFICE CHAD CHRONISTER , SHERIFF STANDARD OPERATING PROCEDURE Number: GEN 504.05 Page: 1 of 2 SUBJECT: SEXUAL BATTERY KITS: SUBMISSION FOR TESTING AND DISPOSAL I. PURPOSE : The purpose of this standard operating p rocedure is to establish guidelines for the submission of sexual battery kits to the Florida Department of Law Enforcement (FDLE) and the disposal of sexual battery kits. II. SCOPE : This procedure shall apply to all Sheriff’s Office personnel. III. DISC USSION : DNA evidence, including sexual battery kits, may hold investigative value beyond the initial investigation. IV. DEFINITIONS : A. Sexual Battery Kit – A set of items used by medical personn el for gathering and preserving physical and biological evidence following an allegation of sexual assault such as hairs, saliva, blood, semen, or bodily fluid, which may help identify the assailant. V. PROCEDURE : A. Submission of Sexual Battery Kit s to FDLE : 1. Pursuant to F lorida Statute 943.326 , all sexual battery kits, or other sex offense DNA evidence if a kit is not collected, shall be forwarded to FDLE within 30 days of receipt of such evidence. Additionally, all sexual battery kits, or oth er DNA evidence related to an alleged sexual offense, will be submitted to FDLE within 30 days of a request to have the evidence tested when such request is made by the victim, or the parent/legal guardian, or legal representative of the victim if the victim is a minor, mentally disabled, or deceased. 2. It is the responsibility of the assigned case detective to ensure sexual battery kits are submitted for testin g pursuant to F lorida Statute 943.326. 3. If the case is cleared by Patrol Services with an ar rest, the case must be assigned to a detective in the Criminal Investigations Division (CID) to ensure all lab requ ests for testing by FDLE are completed pursuant to F lorida Statute 943.326. * 4. CID supervisors assigned to the Special Victims Section will check the sexual battery kit submissions monthly , via th e Reporting Portal , to ensure they have been submitted. B. Sexual Battery Kit or other Sexual Offense DNA , Evidence Disposal : 1. Pursuant to F lorida Statute 943.326, a sexual offense kit or other r elated DNA evidence must be retained until the prosecuting agency has approved the destruction. a. Any sexual offense investigation that includes a sexual battery kit or other DNA evidence, which has been cleared by arrest, prosecuted, or is not active due to no further leads, should be reviewed by the invest igating detective ’s supervisor assigned to CID prior to any DNA evidence being GEN SOP 504.05 06/25/21 Page 2 of 2 disposed of. Factors such as the thoroughness of the investigation, the sentence of the offender, and the statute of li mitations should be considered. b. Any sexual offense investigation that includes a sexual battery kit or other DNA evidence, which has been unfounded, cleared by exception, or received a letter of release must be retained for 3 years after the testing of the evidence has been completed. The 3-year time period is pursuant to a standard put in place by the State Attorney's Office, Sexual Offender and Child Abuse Division. Chad Chronister Sheriff Amends or Supersedes: NEW