Jul. 2--PANAMA CITY, Fla. -- PANAMA CITY -- When Gov. Charlie Crist signed Senate Bill 2276 into law last month, he called the legislation "common sense."

The new law, which went into effect Wednesday, will require anyone arrested on a felony charge to submit a DNA sample to be added to a state database. Previously, DNA samples were taken only from those convicted of felonies.

"This is common sense and the right thing to do," said Crist, flanked by uniformed state troopers at the June 17 bill signing.

Under the new law, however, thousands of people who are arrested on felony charges but later have those charges dropped or reduced could have their DNA swept into the statewide offender database.

In 2008, for instance, nearly 26 percent of all people charged with a felony in Florida's 14th Judicial Circuit either were found innocent, had their charges dismissed or had their charges reduced to less than a felony, according to a News Herald analysis of data obtained from the state attorney's office.

Using the 2008 data, that equates to 930 people who, if not already in the database, would have been added in the 14th circuit alone. The circuit includes Bay, Calhoun, Gulf, Holmes, Jackson and Washington counties.

"In America, people should not be arrested and detained, putting them in a database, without any probable cause," said Courtenay Strickland, ACLU Florida's director of public policy. "They will become automatic suspects in future crimes."

Some supporters of the legislation pointed to a clause that would allow the removal of DNA from the database under certain circumstances.

"People can get their DNA purged from it if they have their charges dropped or are found innocent, stuff like that," she said.

Strickland said the removal process is flawed.

"The process does not occur automatically," she said. "We advocated for an automatic expungement program, and it failed."

To have DNA removed from the database, a person must provide a certified copy of either a court order indicating the conviction has been overturned or paperwork from the state attorney's office establishing the charge has been dismissed, according to language in the legislation.

The bill also lacks a notification system to tell those who had their felony charges dropped or reduced that a procedure exists to get their DNA removed from the database.

"We are working with a system that many might not even know exists," she said.

The DNA database received almost universal support in the state Legislature, with Rep. John Legg, R-New Port Richey, the lone lawmaker in either the House or the Senate to oppose the legislation.

Sen. Don Gaetz, R-Niceville, said as technology improves, the database was the next logical step.

"When someone is charged with a crime and arrested, their fingerprints are taken," Gaetz said. "We have been doing that since the days of Sherlock Holmes.

"This will be a tool for law enforcement," he added.

He did say if abuse of the database occurs, changes can be made.

"If there is misuse, it needs to be curbed with changes in the law, just like if there is a misuse of other identification technology," he said.

Strickland said she fears the database could be subject to security breaches.

"This happens to databases all the time," she said. "There is no reason to believe this will be any less susceptible."

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