HB 729 2024
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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 lethality assessments; amending s. 2
741.29, F.S.; requiring law enforcement officers who 3
investigate an alleged incident of domestic violence 4
to administer a lethality assessment under certain 5
circumstances; requiring the Department of Law 6
Enforcement to consult with specified entities to 7
develop and implement a statewide lethality 8
assessment; requiring that training on administering 9
lethality assessments be available to law enforcement 10
officers in an online format; requiring law 11
enforcement officers administering a lethality 12
assessment to ask a victim specified questions; 13
requiring certain law enforcement officers to be 14
trained in administering lethality assessments by a 15
specified date; prohibiting law enforcement officers 16
from administering a lethality assessment if they have 17
not completed lethality assessment training; requiring 18
law enforcement officers to advise the victim of the 19
results of the lethality assessment and refer the 20
victim to certain domestic violence centers; requiring 21
law enforcement officers to document in the written 22
police report a victim's refusal or inability to 23
provide information necessary for the lethality 24
assessment; prohibiting law enforcement officers from 25
HB 729 2024
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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
disclosing in certain statements and reports the 26
domestic violence center to which the victim was 27
referred; requiring that written police reports for 28
domestic violence incidents include the results of the 29
lethality assessment, if one was administered; making 30
technical changes; reenacting s. 39.906, F.S., 31
relating to referral to domestic violence centers and 32
notice of rights, to incorporate the amendment made to 33
s. 741.29, F.S., in a reference thereto; providing an 34
effective date. 35
36
Be It Enacted by the Legislature of the State of Florida: 37
38
Section 1. Section 741.29, Florida Statutes, is amended to 39
read: 40
741.29 Domestic violence; investigation of incidents; 41
notice to victims of legal rights and remedies; repor ting.— 42
(1) Any law enforcement officer who investigates an 43
alleged incident of domestic violence shall : 44
(a) Assist the victim to obtain medical treatment if such 45
is required as a result of the alleged incident to which the 46
officer responds;. Any law enforcement officer who investigates 47
an alleged incident of domestic violence shall 48
(b) Advise the victim of such violence that there is a 49
domestic violence center from which the victim may receive 50
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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
services;. 51
(c) Administer a lethality assessment consis tent with the 52
requirements established in subsection (2) if the allegation of 53
domestic violence is against an intimate partner, regardless of 54
whether an arrest is made; and 55
(d) The law enforcement officer shall Give the victim 56
immediate notice of the leg al rights and remedies available on a 57
standard form developed and distributed by the department. As 58
necessary, the department shall revise the Legal Rights and 59
Remedies Notice to Victims to include a general summary of s. 60
741.30 using simple English as wel l as Spanish, and shall 61
distribute the notice as a model form to be used by all law 62
enforcement agencies throughout this the state. The notice must 63
shall include: 64
1.(a) The resource listing, including telephone number, 65
for the area domestic violence cent er designated by the 66
Department of Children and Families; and 67
2.(b) A copy of the following statement: 68
69
"IF YOU ARE THE VICTIM OF DOMESTIC VIOLENCE, you may 70
ask the state attorney to file a criminal complaint. 71
You also have the right to go to court and file a 72
petition requesting an injunction for protection from 73
domestic violence which may include, but need not be 74
limited to, provisions which restrain the abuser from 75
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further acts of abuse; direct the abuser to leave your 76
household; prevent the abuser fro m entering your 77
residence, school, business, or place of employment; 78
award you custody of your minor child or children; and 79
direct the abuser to pay support to you and the minor 80
children if the abuser has a legal obligation to do 81
so." 82
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(2) The department shall consult with the Department of 84
Children and Families and at least one domestic violence 85
advocacy organization to develop the policies, procedures, and 86
training necessary for implementation of a statewide evidence -87
based lethality assessment. Training on how to administer a 88
lethality assessment must be accessible to a law enforcement 89
officer in an online format. 90
(a) To administer a lethality assessment, a law 91
enforcement officer shall ask the victim, in the same or similar 92
wording and in the same order, all of the following questions: 93
1. Did the aggressor ever use a weapon against you or 94
threaten you with a weapon? 95
2. Did the aggressor ever threaten to kill you or your 96
children? 97
3. Do you believe the aggressor will try to kill you? 98
4. Has the aggressor ever choked you or attempted to choke 99
you? 100
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5. Does the aggressor have a gun or could the aggressor 101
easily obtain a gun? 102
6. Is the aggressor violent or constantly jealous? 103
7. Does the aggressor control most of your daily 104
activities? 105
8. Does the aggressor reside in the same household with 106
you? 107
9. Is the aggressor employed? 108
10. To the best of your knowledge, has the aggressor ever 109
attempted suicide? 110
11. Do you have a child whom the aggressor believes is not 111
the aggressor's biological child? 112
12. Has the aggressor ever followed, spied on, or left 113
threatening messages for you? 114
(b) By July 1, 2025, all law enforcement officers who 115
respond to or investigate crimes of domestic violence must be 116
trained on the policies and procedures for administering a 117
lethality assessment. A law enforcement officer may not 118
administer a lethality assessment to a victim if the officer has 119
not received training on administering a lethality assessment. A 120
law enforcement officer shall advise t he victim of the results 121
of the assessment and refer the victim to the nearest locally 122
certified domestic violence center. 123
(c) If a victim does not, or is unable to, provide 124
information to a law enforcement officer sufficient to allow the 125
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law enforcement officer to administer a lethality assessment, 126
the law enforcement officer must document the lack of a 127
lethality assessment in the written police report required in 128
subsection (3) and refer the victim to the nearest locally 129
certified domestic violence cent er. 130
(d) A law enforcement officer may not include in a 131
probable cause statement, written police report, or incident 132
report the domestic violence center to which a victim was 133
referred. 134
(3)(2) When a law enforcement officer investigates an 135
allegation that an incident of domestic violence has occurred, 136
the officer shall handle the incident pursuant to the arrest 137
policy provided in s. 901.15(7), and as developed in accordance 138
with subsections (4) (3), (5) (4), and (6) (5). Regardless of 139
whether or not an arrest is made, the officer shall make a 140
written police report that is complete and clearly indicates the 141
alleged offense was an incident of domestic violence. Such 142
report must shall be given to the officer's supervisor and filed 143
with the law enforceme nt agency in a manner that will permit 144
data on domestic violence cases to be compiled. Such report must 145
include all of the following : 146
(a) A description of physical injuries observed, if any. 147
(b) If a law enforcement officer decides not to make an 148
arrest or decides to arrest two or more parties, the officer 149
shall include in the report the grounds for not arresting anyone 150
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or for arresting two or more parties. 151
(c) A statement which indicates that a copy of the legal 152
rights and remedies notice was given t o the victim. 153
(d) The results of a lethality assessment, if one was 154
administered pursuant to paragraph (1)(c). 155
156
Whenever possible, the law enforcement officer shall obtain a 157
written statement from the victim and witnesses concerning the 158
alleged domestic violence. The officer shall submit the report 159
to the supervisor or other person to whom the employer's rules 160
or policies require reports of similar allegations of criminal 161
activity to be made. The law enforcement agency shall, without 162
charge, send a copy o f the initial police report, as well as any 163
subsequent, supplemental, or related report, which excludes 164
victim/witness statements or other materials that are part of an 165
active criminal investigation and are exempt from disclosure 166
under chapter 119, to the nearest locally certified domestic 167
violence center within 24 hours after the agency's receipt of 168
the report. The report furnished to the domestic violence center 169
must include a narrative description of the domestic violence 170
incident. 171
(4)(3) Whenever a law enforcement officer determines upon 172
probable cause that an act of domestic violence has been 173
committed within the jurisdiction the officer may arrest the 174
person or persons suspected of its commission and charge such 175
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person or persons with the appropriate crime. The decision to 176
arrest and charge shall not require consent of the victim or 177
consideration of the relationship of the parties. 178
(5)(a)(4)(a) When complaints are received from two or more 179
parties, the officers shall evaluate each complaint separate ly 180
to determine whether there is probable cause for arrest. 181
(b) If a law enforcement officer has probable cause to 182
believe that two or more persons have committed a misdemeanor or 183
felony, or if two or more persons make complaints to the 184
officer, the officer must shall try to determine who was the 185
primary aggressor. Arrest is the preferred response only with 186
respect to the primary aggressor and not the preferred response 187
with respect to a person who acts in a reasonable manner to 188
protect or defend oneself or another family or household member 189
from domestic violence. 190
(6)(5) A No law enforcement officer may not shall be held 191
liable, in any civil action, for an arrest based on probable 192
cause, enforcement in good faith of a court order, or service of 193
process in good faith under this chapter arising from an alleged 194
incident of domestic violence brought by any party to the 195
incident. 196
(7)(6) A person who willfully violates a condition of 197
pretrial release provided in s. 903.047, when the original 198
arrest was for an act of domestic violence as defined in s. 199
741.28, commits a misdemeanor of the first degree, punishable as 200
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provided in s. 775.082 or s. 775.083, and shall be held in 201
custody until his or her first appearance. 202
Section 2. For the purpose of incorporating the amendment 203
made by this act to section 741.29, Florida Statutes, in a 204
reference thereto, section 39.906, Florida Statutes, is 205
reenacted to read: 206
39.906 Referral to centers and notice of rights. —Any law 207
enforcement officer who investigates an alleged incident of 208
domestic violence shall advise the victim of such violence that 209
there is a domestic violence center from which the victim may 210
receive services. The law enforcement officer shall give the 211
victim immediate notice of the legal rights and remedies 212
available in accordance with the provisions of s. 741.29. 213
Section 3. This act shall take effect July 1, 2024. 214