Florida 2024 Regular Session

Florida House Bill H0673 Latest Draft

Bill / Introduced Version Filed 11/29/2023

                               
 
HB 673  	2024 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb0673-00 
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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 
 
 
 
A bill to be entitled 1 
An act relating to domestic violence investigations; 2 
providing a short title; amending s. 741.29, F.S.; 3 
requiring law enforcement officers to complete a 4 
lethality assessment form when investigating alleged 5 
incidents of domestic violence; providing requirements 6 
for completing the form; requiring the Department of 7 
Law Enforcement to approve a statewide lethality 8 
assessment form; providing requirements for th e form; 9 
requiring the department to consult with specified 10 
entities on the policies, procedures, and training 11 
necessary to implement the use of the form; providing 12 
minimum requirements for such policies, procedures, 13 
and training; prohibiting law enforcemen t officers 14 
from completing a lethality assessment form if they 15 
have not received certain training; making technical 16 
changes; providing an effective date. 17 
  18 
Be It Enacted by the Legislature of the State of Florida: 19 
 20 
 Section 1.  This act may be cited as the "Gabby Petito 21 
Act." 22 
 Section 2.  Present subsections (3) through (6) of section 23 
741.29, Florida Statutes, are redesignated as subsections (4) 24 
through (7), respectively, subsection (2) is amended, and a new 25     
 
HB 673  	2024 
 
 
 
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subsection (3) is added to that section, to read: 26 
 741.29  Domestic violence; investigation of incidents; 27 
notice to victims of legal rights and remedies; reporting. — 28 
 (2)  When a law enforcement officer investigates an alleged 29 
allegation that an incident of domestic violence has occurred, 30 
the officer shall handle the incident pursuant to the arrest 31 
policy provided in s. 901.15(7), and as developed in accordance 32 
with subsections (3), (4), and (5), and (6). Regardless of . 33 
whether or not an arrest is made, the officer shall make a 34 
written police report that is complete and clearly indicates the 35 
alleged offense was an incident of domestic violence. Such 36 
report must shall be given to the officer's supervisor and filed 37 
with the law enforcement agency in a manner that will allow 38 
permit data on domestic violence cases to be compiled. Such 39 
report must include all of the following information : 40 
 (a)  A description of physical injuries observed, if any. 41 
 (b)  If a law enforcement officer decides not to make an 42 
arrest or decides to arrest two or more parties, the officer 43 
shall include in the report the grounds for not arresting anyone 44 
or for arresting two or more parties. 45 
 (c)  A statement that which indicates that a copy of the 46 
legal rights and remedies notice was given to the victim. 47 
 48 
Whenever possible, the la w enforcement officer shall obtain a 49 
written statement from the victim and witnesses concerning the 50     
 
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alleged domestic violence and. The officer shall submit the 51 
report to the supervisor or other person to whom the employer's 52 
rules or policies require report s of similar allegations of 53 
criminal activity to be made. The law enforcement agency shall, 54 
without charge, send a copy of the initial police report, as 55 
well as any subsequent, supplemental, or related report, which 56 
excludes victim/witness statements or ot her materials that are 57 
part of an active criminal investigation and are exempt from 58 
disclosure under chapter 119, to the nearest locally certified 59 
domestic violence center within 24 hours after the agency's 60 
receipt of the report. The report furnished to th e domestic 61 
violence center must include a narrative description of the 62 
domestic violence incident. 63 
 (3)(a)  When a law enforcement officer investigates an 64 
alleged incident of domestic violence, the officer shall 65 
complete a lethality assessment form to eval uate the likelihood 66 
of serious injury or death. The personal identifying information 67 
of the offender and the results of the lethality assessment must 68 
be given to the officer's supervisor and filed with the law 69 
enforcement agency in a manner that will allow data on domestic 70 
violence cases to be compiled. 71 
 (b)  The Department of Law Enforcement shall do all of the 72 
following: 73 
 1.  Approve a statewide lethality assessment form. The form 74 
must be an evidence-based assessment that has been reviewed and 75     
 
HB 673  	2024 
 
 
 
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approved by the United States Department of Justice's Office on 76 
Violence Against Women. 77 
 2.  Consult with the Department of Children and Families 78 
and at least one domestic violence advocacy organization to 79 
develop the policies, procedures, and training necessary to 80 
implement the use of the lethality assessment form. 81 
 3.  Consult with the Florida Sheriffs Association and the 82 
Florida Police Chiefs Association to determine the best 83 
practices for compiling and using the data described in 84 
paragraph (a) in a manner that will best assist law enforcement 85 
officers who regularly respond to or investigate crimes of 86 
domestic violence. 87 
 (c)  Each law enforcement officer who regularly responds to 88 
or investigates crimes of domestic violence must be trained on 89 
the policies and proc edures for completing the form. A law 90 
enforcement officer may complete a lethality assessment form 91 
with a victim only after receiving such training. 92 
 Section 3.  This act shall take effect July 1, 2024. 93