Florida Statute 760.40
“Genetic testing; definitions; express consent required; confidentiality; notice of use of results”
What it means
Except as provided in s. 817.5655, a person or entity may perform DNA analysis only with express consent. Express consent is authorization by the person whose DNA is to be extracted or analyzed, or by that person's legal guardian or authorized representative, shown by an affirmative action demonstrating an intentional decision after a clear and prominent disclosure of how the sample or results will be collected, used, retained, maintained, or disclosed for specified purposes. One express consent may authorize every instance of a specified purpose or use.
The results of 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. Exclusive property means the person's right to control the DNA sample and results as to collection, use, retention, maintenance, disclosure, or destruction. Information held by a public entity is exempt from public records disclosure.
A person who performs DNA analysis or receives its results must notify the person tested that the analysis was performed or the information received, that it will be made available to the person's physician on request, and whether it was used in a decision to grant or deny insurance, employment, a mortgage, a loan, credit, or an educational opportunity. If it was used in a decision that resulted in a denial, the analysis must be repeated to verify accuracy, and if the first analysis was inaccurate, the denial must be reviewed.
- DNA analysis may be performed only with express consent, except as provided in s. 817.5655 (§ 760.40(2)).
- Express consent is an affirmative action showing an intentional decision after a clear and prominent disclosure; a guardian or authorized representative may give it (§ 760.40(1)(d)).
- Results are the exclusive property of the person tested, are confidential, and may not be disclosed without express consent (§ 760.40(2)).
- "Exclusive property" means the person's right to control the collection, use, retention, maintenance, disclosure, or destruction of the sample and results (§ 760.40(1)(c)).
- The person tested must be notified of the analysis or receipt of results and whether it was used in an insurance, employment, mortgage, loan, credit, or educational decision (§ 760.40(3)).
- If results were used in a denial, the analysis must be repeated, and an inaccurate first result requires review of the denial (§ 760.40(3)).
Text of the statute (2026)
(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.
Excerpts are the subsections the summary relies on. Read the full official text of § 760.40.
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.
How it applies
The section governs DNA analysis of a person's sample and its results. Its definitions are framed around the person tested and, for consent, that person's legal guardian or authorized representative (subsection (1)(d)).
The text does not address who controls results after the person tested has died. The notice duties in subsection (3) fall on whoever performs the analysis or receives the results. The exception in s. 817.5655 is not summarized here.
Questions people ask
Sources
- Florida Statutes (2026), s. 760.40, Florida Senate (Supports subsections (1) to (3): definitions, express consent, ownership and confidentiality, and notice duties.)
- Online Sunshine, Florida Statutes (2026), s. 760.40 (Text, catchline, and History line checked against this page on 2026-10-17: 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.)
- Florida Statutes (2026), s. 817.5655, Florida Senate (Subsection (2) opens with an exception for s. 817.5655.)
Last checked: October 17, 2026
Published by the Probate.Help editorial team.How these pages are written and checked.