Florida 2024 Regular Session

Florida House Bill H0673 Compare Versions

Only one version of the bill is available at this time.

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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14	14	A bill to be entitled 1
15	15	An act relating to domestic violence investigations; 2
16	16	providing a short title; amending s. 741.29, F.S.; 3
17	17	requiring law enforcement officers to complete a 4
18	18	lethality assessment form when investigating alleged 5
19	19	incidents of domestic violence; providing requirements 6
20	20	for completing the form; requiring the Department of 7
21	21	Law Enforcement to approve a statewide lethality 8
22	22	assessment form; providing requirements for th e form; 9
23	23	requiring the department to consult with specified 10
24	24	entities on the policies, procedures, and training 11
25	25	necessary to implement the use of the form; providing 12
26	26	minimum requirements for such policies, procedures, 13
27	27	and training; prohibiting law enforcemen t officers 14
28	28	from completing a lethality assessment form if they 15
29	29	have not received certain training; making technical 16
30	30	changes; providing an effective date. 17
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32	32	Be It Enacted by the Legislature of the State of Florida: 19
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34	34	Section 1. This act may be cited as the "Gabby Petito 21
35	35	Act." 22
36	36	Section 2. Present subsections (3) through (6) of section 23
37	37	741.29, Florida Statutes, are redesignated as subsections (4) 24
38	38	through (7), respectively, subsection (2) is amended, and a new 25
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47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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51	51	subsection (3) is added to that section, to read: 26
52	52	741.29 Domestic violence; investigation of incidents; 27
53	53	notice to victims of legal rights and remedies; reporting. — 28
54	54	(2) When a law enforcement officer investigates an alleged 29
55	55	allegation that an incident of domestic violence has occurred, 30
56	56	the officer shall handle the incident pursuant to the arrest 31
57	57	policy provided in s. 901.15(7), and as developed in accordance 32
58	58	with subsections (3), (4), and (5), and (6). Regardless of . 33
59	59	whether or not an arrest is made, the officer shall make a 34
60	60	written police report that is complete and clearly indicates the 35
61	61	alleged offense was an incident of domestic violence. Such 36
62	62	report must shall be given to the officer's supervisor and filed 37
63	63	with the law enforcement agency in a manner that will allow 38
64	64	permit data on domestic violence cases to be compiled. Such 39
65	65	report must include all of the following information : 40
66	66	(a) A description of physical injuries observed, if any. 41
67	67	(b) If a law enforcement officer decides not to make an 42
68	68	arrest or decides to arrest two or more parties, the officer 43
69	69	shall include in the report the grounds for not arresting anyone 44
70	70	or for arresting two or more parties. 45
71	71	(c) A statement that which indicates that a copy of the 46
72	72	legal rights and remedies notice was given to the victim. 47
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74	74	Whenever possible, the la w enforcement officer shall obtain a 49
75	75	written statement from the victim and witnesses concerning the 50
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84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88	88	alleged domestic violence and. The officer shall submit the 51
89	89	report to the supervisor or other person to whom the employer's 52
90	90	rules or policies require report s of similar allegations of 53
91	91	criminal activity to be made. The law enforcement agency shall, 54
92	92	without charge, send a copy of the initial police report, as 55
93	93	well as any subsequent, supplemental, or related report, which 56
94	94	excludes victim/witness statements or ot her materials that are 57
95	95	part of an active criminal investigation and are exempt from 58
96	96	disclosure under chapter 119, to the nearest locally certified 59
97	97	domestic violence center within 24 hours after the agency's 60
98	98	receipt of the report. The report furnished to th e domestic 61
99	99	violence center must include a narrative description of the 62
100	100	domestic violence incident. 63
101	101	(3)(a) When a law enforcement officer investigates an 64
102	102	alleged incident of domestic violence, the officer shall 65
103	103	complete a lethality assessment form to eval uate the likelihood 66
104	104	of serious injury or death. The personal identifying information 67
105	105	of the offender and the results of the lethality assessment must 68
106	106	be given to the officer's supervisor and filed with the law 69
107	107	enforcement agency in a manner that will allow data on domestic 70
108	108	violence cases to be compiled. 71
109	109	(b) The Department of Law Enforcement shall do all of the 72
110	110	following: 73
111	111	1. Approve a statewide lethality assessment form. The form 74
112	112	must be an evidence-based assessment that has been reviewed and 75
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121	121	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125	125	approved by the United States Department of Justice's Office on 76
126	126	Violence Against Women. 77
127	127	2. Consult with the Department of Children and Families 78
128	128	and at least one domestic violence advocacy organization to 79
129	129	develop the policies, procedures, and training necessary to 80
130	130	implement the use of the lethality assessment form. 81
131	131	3. Consult with the Florida Sheriffs Association and the 82
132	132	Florida Police Chiefs Association to determine the best 83
133	133	practices for compiling and using the data described in 84
134	134	paragraph (a) in a manner that will best assist law enforcement 85
135	135	officers who regularly respond to or investigate crimes of 86
136	136	domestic violence. 87
137	137	(c) Each law enforcement officer who regularly responds to 88
138	138	or investigates crimes of domestic violence must be trained on 89
139	139	the policies and proc edures for completing the form. A law 90
140	140	enforcement officer may complete a lethality assessment form 91
141	141	with a victim only after receiving such training. 92
142	142	Section 3. This act shall take effect July 1, 2024. 93