This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0729.CRJ
DATE: 1/26/2024
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 729 Lethality Assessments
SPONSOR(S): Baker
TIED BILLS: IDEN./SIM. BILLS: SB 638
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Criminal Justice Subcommittee Leshko Hall
2) Justice Appropriations Subcommittee
3) Judiciary Committee
SUMMARY ANALYSIS
Section 741.29, F.S., requires a law enforcement officer who investigates an alleged incident of domestic
violence to: assist the victim in obtaining medical treatment if such treatment is required as a result of the
alleged incident to which the officer responds; advise the victim that there is a domestic violence center where
the victim may receive services; give the victim immediate notice of her or his available legal rights and
remedies; and obtain a written statement from the victim and any witnesses, if possible.
In 2005, in order to enhance collaboration between law enforcement agencies and domestic violence service
providers, the Maryland Network Against Domestic Violence developed and implemented the Lethality
Assessment Program, including a lethality screen and protocols. The “lethality screen” is an 11-item
questionnaire that assesses a victim’s level of risk for being killed by the perpetrator of the alleged domestic
violence offense. If, after administering the lethality screen, the officer determines that a victim is at “high risk,”
meaning the victim is at an increased risk of homicide, the officer conveys to the victim the danger she or he is
in and connects the victim with a domestic violence hotline for the purpose of developing a safety plan. As of
December 2023, Connecticut, Maryland, North Carolina, Oklahoma, Pennsylvania, and Wisconsin utilize the
Lethality Assessment Program; however, Florida law enforcement agencies do not currently use a statewide
lethality screen or assessment.
HB 729 amends s. 741.29, F.S., to require a law enforcement officer who investigates an alleged incident of
domestic violence to administer a lethality assessment if the allegation of domestic violence is made against an
intimate partner, regardless of whether an arrest is made, and include the results of the assessment in his or
her written police report. The bill provides a list of 12 questions an officer must ask the victim when conducting
a lethality assessment and requires the officer to advise the victim of the results of the assessment and refer
the victim to the nearest locally certified domestic violence center. The bill specifies that if a victim refuses, or is
unable, to provide sufficient information to complete the lethality assessment, the officer must document the
lack of an assessment in the written police report and refer the victim to the nearest locally certified domestic
violence center.
The bill further requires the Florida Department of Law Enforcement to consult with the Department of Children
and Families and at least one domestic violence advocacy organization to develop the policies, procedures,
and training necessary to implement a statewide lethality assessment. The bill requires all law enforcement
officers who respond to or investigate crimes of domestic violence to be trained on the policies and procedures
for administering a lethality assessment by July 1, 2025, and prohibits an officer from administering such an
assessment before he or she has completed such training. The bill requires the training to be accessible to law
enforcement officers in an online format.
The bill may have a negative fiscal impact on state and local government. See Fiscal Comments.
The bill provides an effective date of July 1, 2024. STORAGE NAME: h0729.CRJ PAGE: 2
DATE: 1/26/2024
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Domestic Violence
Domestic violence means any criminal offense resulting in the physical injury or death of one family or
household member
1
by another family or household member, including:
Assault;
2
Aggravated assault;
3
Battery;
4
Aggravated battery;
5
Sexual assault;
6
Sexual battery;
7
Stalking;
8
Aggravated stalking;
9
Kidnapping;
10
and
False imprisonment.
11,12
In 2020,
13
Florida law enforcement agencies received 106,615 domestic violence reports,
14
resulting in
63,345 arrests.
15
Of those 106,615 reports, 20,735 involved a spouse, 29,663 involved a cohabitant,
and 20,142 involved a person with an undefined relationship with the victim.
16
Additionally, in 2020, 15
1
“Family or household member” means spouses, former spouses, persons related by blood or marriage, persons who are presently
residing together as if a family or who have resided together in the past as if a family, and persons who are parents of a child in
common regardless of whether they have been married. With the exception of persons who have a child in common, the family or
household members must be currently residing or have in the past resided together in the same single dwelling unit. S. 741.28(3), F.S.
2
“Assault” means an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability
to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent. S. 784.011(1), F.S.
3
“Aggravated assault” means an assault with a deadly weapon without intent to kill or with intent to commit a felony. S. 784.021(1), F.S.
4
“Battery” means the actual and intentional touching or striking of another against his or her will or intentionally causing bodily harm to
another person. S. 784.03(1)(a), F.S.
5
“Aggravated battery” means a battery in which the offender intentionally or knowingly causes great bodily harm, permanent disability,
or permanent disfigurement; used a deadly weapon; or victimized a person the offender knew or should have known was pregnant. S.
784.045(1), F.S.
6
“Sexual assault” has the same meaning as sexual battery.
7
“Sexual battery” means oral, anal, or female genital penetration by, or in union with, the sexual organ of another or the anal or female
genital penetration of another by any object, but does not include an act done for a bona fide medical purpose. S. 794.011(1)(j), F.S.
8
“Stalking” means willfully, maliciously, and repeatedly following, harassing, or cyberstalking another. S. 784.048(2), F.S.
9
“Aggravated stalking” means willfully, maliciously, and repeatedly following, harassing, or cyberstalking another and making a credible
threat to that person. S. 784.048(3), F.S.
10
“Kidnapping” means forcibly, secretly, or by threat confining, abducting, or imprisoning another against his or her will and without
lawful authority, with the intent to: hold for ransom or reward or as a shield or hostage; commit or facilitate commission of any felony;
inflict bodily harm upon or terrorize the victim or another person; or interfere with the performance of any governmental or political
function. S. 787.01(1)(a), F.S.
11
“False imprisonment” means forcibly, by threat, or secretly confining, abducting, imprisoning, or restraining another person without
lawful authority and against his or her will. S. 787.02(1)(a), F.S.
12
S. 741.28(2), F.S.
13
The Florida Department of Law Enforcement (FDLE) has not issued an updated report specifically detailing domestic violence
offenses since 2020.
14
The reports include offenses of murder, manslaughter, rape, fondling, aggravated assault, aggravated stalking, simple assault,
threats or intimidation, and stalking.
15
FDLE, Reported Domestic Violence Offenses: Relationship of Victim to Offender for Florida, 1992-2020,
https://www.fdle.state.fl.us/CJAB/UCR/Annual-Reports/UCR-Domestic-Violence/03/DV_Victim_Totals_by_Relationship.aspx (last
visited Jan. 26, 2024).
16
Id. STORAGE NAME: h0729.CRJ PAGE: 3
DATE: 1/26/2024
percent of all murders in Florida were related to domestic violence.
17,18
Florida’s Computerized Criminal
History recorded 68,109 domestic violence offenses in 2022.
19
Furthermore, during fiscal year 2022-2023, Florida’s 41 certified domestic violence centers:
20
Provided emergency shelter to 12,836 individuals;
Provided outreach services to 36,324 individuals;
Answered 80,493 crisis hotline calls;
Completed 183,902 safety plans with victims; and
Provided 418,501 direct service information and referrals to victims, family members, and
individuals seeking services.
21
Investigations
Section 741.29, F.S., requires a law enforcement officer who investigates an alleged incident of
domestic violence to:
Assist the victim in obtaining medical treatment if such treatment is required as a result of the
alleged incident to which the officer responds;
Advise the victim that there is a domestic violence center where the victim may receive services;
Give the victim immediate notice of her or his available legal rights and remedies;
22
and
Obtain a written statement from the victim and any witnesses, if possible.
23
Additionally, an officer investigating a domestic violence incident is required to make a written police
report, regardless of whether an arrest is made.
24
The report must include:
A description of physical injuries observed, if any;
The grounds for not arresting anyone or for arresting two or more parties, if applicable; and
A statement which indicates that a copy of the legal rights and remedies notice was given to the
victim.
25
The officer’s agency must provide the written report, along with a narrative description of the domestic
violence incident, to the nearest locally certified domestic violence center within 24 hours after the
agency’s receipt of the report.
26
Fatality Review Teams
17
FDLE, Florida Statewide Reported Violent Crime, by Offense and Year, 1971-2020, https://www.fdle.state.fl.us/CJAB/UCR/Annual-
Reports/UCR-Offense-Data/05/Total_Violent_Crime.aspx (last visited Jan. 26, 2024).
18
FDLE, Reported Domestic Violence in Florida: Victim Totals by Offense, 1992-2020, https://www.fdle.state.fl.us/CJAB/UCR/Annual-
Reports/UCR-Domestic-Violence/04/DV_Victim_Totals_by_Offense.aspx (last visited Jan. 26, 2024).
19
Florida Department of Health, Domestic Violence Offenses, Rate per 100,000 Population, 2022,
https://www.flhealthcharts.gov/ChartsDashboards/rdDownload/rdExport-46ab94df-cab0-4145-8e3a-14e6a5ea3797/FLGirdData.pdf (last
visited Jan. 26, 2024). (Florida’s Computerized Criminal History is fingerprint-based, and unless prints were taken at a later stage in the
criminal justice process, does not include reports involving a notice to appear, direct files, or sworn complaints where no physical arrest
was made.)
20
Section 39.902(2), F.S., defines “domestic violence center” as an agency that provides services to victims of domestic violence as its
primary mission.
21
Florida Department of Children and Families (DCF), Office of Domestic Violence, Annual Report January 2024,
https://www.myflfamilies.com/sites/default/files/2023-
12/Office%20of%20Domestic%20Violence%20Annual%20Report%20to%20the%20Legislature%202022%20to%202023.pdf (last
visited Jan. 26, 2024).
22
S. 741.29(1), F.S.
23
S. 741.29(2), F.S.
24
The report must be given to the officer’s supervisor and filed with the law enforcement agency in a manner that will permit data on
domestic violence cases to be compiled. Id.
25
S. 741.29(2)(a-c), F.S.
26
S. 741.29, F.S. STORAGE NAME: h0729.CRJ PAGE: 4
DATE: 1/26/2024
Section 741.316, F.S., authorizes the establishment of domestic fatality review (DFR) teams at the
local, regional, and state level. A domestic fatality review team is an organization that is composed of
representatives from and including:
Law enforcement agencies.
State attorneys’ offices.
Medical examiners’ offices.
Certified domestic violence centers.
Child protection service providers.
Court administration offices.
Clerks of court offices.
Victim services programs.
Child death review teams.
The business community.
County probation or corrections agencies.
Any person who has knowledge regarding domestic violence fatalities, nonlethal incidents of
domestic violence, or suicide, including research, policy, law, and other matters connected with
fatal incidents.
Other representatives as determined by the review team.
27
The DFR teams review fatal and near-fatal incidents of domestic violence, related domestic violence
matters, and suicides in order to identify statewide trends, systemic gaps, and potential solutions that
allow for increased early intervention, safety, and justice for victims and their children, that hold
perpetrators accountable for their violence through coordinated community response efforts, and that
prevent the likelihood of domestic violence fatalities in the future.
28
The review may include a survey of:
Events leading up to domestic violence incidents;
Available community resources;
Current laws and policies;
Actions taken by systems and individuals related to the incident and the parties;
Public records and records for which public record exemptions are granted; and
Any information or action deemed relevant by the team.
29
Additionally, DFR teams utilize knowledge about coercive control tactics used by offenders and
indicators that a victim is at an increased risk of domestic violence homicide to guide the formulation of
recommendations relating to perpetrator accountability and safety measures for victims and their
children.
30
In 2022, the Statewide Domestic Violence Fatality Review Team reviewed 27 domestic violence
homicides and attempted homicides. Approximately 45 percent of those homicides or attempts were
committed by an intimate partner, 37 percent by a spouse, and 15 percent by a former intimate
partner.
31
Lethality Assessment Program
In 2005, in order to enhance collaboration between law enforcement agencies and domestic violence
service providers to better attend to the safety needs of victims of intimate partner violence (IPV), the
Maryland Network Against Domestic Violence developed and implemented the Lethality Assessment
27
S. 741.316(1)(a-m), F.S.
28
DCF, supra, at 21.
29
S. 741.316(2), F.S.
30
DCF, supra, at 21.
31
Id. STORAGE NAME: h0729.CRJ PAGE: 5
DATE: 1/26/2024
Program, which includes a lethality screen
32
and protocols.
33,34
The “lethality screen” is an 11-item
questionnaire that assesses a victim’s level of risk for being killed by the perpetrator of an alleged IPV
offense. The following 11 questions represent the factors found to be the most predictive of homicide in
relationships with IPV based on a six-year study of homicides and attempted homicides in 11 cities:
35
Has the alleged perpetrator (he/she) ever used a weapon against you or threatened you with a
weapon?
Has he/she threatened to kill you or your children?
Do you think he/she might try to kill you?
Does he/she have a gun or can he/she get one easily?
Has he/she ever tried to choke you?
Is he/she violently or constantly jealous or does he/she control most of your daily activities?
Have you left him/her or separated after living together or being married?
Is he/she unemployed?
Has he/she ever tried to kill himself/herself?
Do you have a child that he/she knows is not his/hers?
Does he/she follow or spy on you or leave threatening messages?
36
The lethality screen is suggested to be used when a past or current intimate partner relationship is
involved and there is a “manifestation of danger” evidenced by at least one of the following:
The officer believes that an assault or other violent act has occurred, whether or not there was
probable cause for arrest;
The officer is concerned for the victim’s safety once the officer leaves the incident scene;
The officer is responding to a domestic violence call from a victim or at a location where IPV has
occurred in the past; or
The officer has a gut feeling that the victim is in danger.
37
If, after administering the lethality screen, the officer determines that a victim is at “high risk,” meaning
the victim is at an increased risk of homicide, the protocol referral is triggered. The “protocol referral”
consists of the following:
The officer conveys to the victim the danger that she or he is in and that people in similar
situations have been killed.
The officer calls the local 24-hour domestic violence hotline at the collaborating advocacy
organization for information on planning for the victim’s safety and gives the victim the choice of
speaking directly with the hotline advocate.
The officer provides the hotline advocate with basic information to assist in developing safety
suggestions for the victim.
If the victim chooses not to speak directly to the hotline advocate, the hotline advocate provides
the officer with some immediate safety planning tips for the next 24 hours to share with the
victim.
38
The victim is considered “high risk” if she or he:
Provides a positive response to any of the first three questions listed above;
Provides negative responses to the first three questions, but positive responses to at least four
of the remaining questions; or
32
Maryland Network Against Domestic Violence (MNADV), Domestic Violence Lethality Screen for First Responders,
https://nij.ojp.gov/sites/g/files/xyckuh171/files/media/document/domestic-violence-screening.pdf (last visited Jan. 26, 2024).
33
National Institute of Justice, Research Designs in the Real World: Testing the Effectiveness of an Intimate Partner Violence
Intervention, https://nij.ojp.gov/topics/articles/research-designs-real-world-testing-effectiveness-intimate-partner-violence (last visited
Jan. 26, 2024).
34
MNADV, Position Paper: Effectiveness of the Lethality Assessment Program, https://www.mnadv.org/wp-
content/uploads/2021/02/LAP-Effectiveness-Position-Paper.pdf (last visited Jan. 26, 2024).
35
Id.
36
MNADV, supra, at 32.
37
National Institute of Justice, A Closer Look at the Lethality Assessment Program, https://nij.ojp.gov/topics/articles/closer-look-lethality-
assessment-program (last visited Jan. 26, 2024).
38
Id. STORAGE NAME: h0729.CRJ PAGE: 6
DATE: 1/26/2024
If the officer believes the victim is in a potentially lethal situation based on her or his answer to
the questions – Is there anything else that worries you about your safety? If yes, what worries
you?
39
A 2014 study conducted in Oklahoma found the lethality screen to be highly sensitive, meaning 92-93
percent of women who screened as high-risk actually experienced near-fatal violence in the future.
40
As of December 2023, Connecticut, Maryland, North Carolina, Oklahoma, Pennsylvania, and
Wisconsin utilize the Lethality Assessment Program;
41
however, Florida law enforcement agencies do
not currently use a statewide lethality screen or assessment.
Law Enforcement Training
Sections 943.11 and 943.12, F.S., create the Criminal Justice Standards and Training Commission
(CJSTC) and require CJSTC to establish uniform minimum training standards for the training of officers
in the various criminal justice disciplines.
42
Section 943.13, F.S., requires all law enforcement officer
applicants to complete a CJSTC-approved basic recruit training program.
43
Section 943.171, F.S.,
requires every basic skills course necessary for a law enforcement officer’s initial certification to include
at least six hours of training in handling domestic violence cases. Such training must include training in
the recognition and determination of the primary aggressor in domestic violence cases and issues
involved in child-to-parent cases.
Effect of Proposed Changes
HB 729 amends s. 741.29, F.S., to require a law enforcement officer who investigates an alleged
incident of domestic violence to administer a lethality assessment if the allegation of domestic violence
is made against an intimate partner, regardless of whether an arrest is made, and include the results of
the assessment in his or her written police report.
The bill requires an officer to ask a victim the following 12 questions, in the same or similar wording and
in the same order, when conducting a lethality assessment and to advise the victim of the results of the
assessment and refer the victim to the nearest locally certified domestic violence center:
Did the aggressor ever use a weapon against you or threaten you with a weapon?
Did the aggressor ever threaten to kill you or your children?
Do you believe the aggressor will try to kill you?
Has the aggressor ever choked you or attempted to choke you?
Does the aggressor have a gun or could the aggressor easily obtain a gun?
Is the aggressor violent or constantly jealous?
Does the aggressor control most of your daily activities?
Does the aggressor reside in the same household with you?
Is the aggressor employed?
To the best of your knowledge, has the aggressor ever attempted suicide?
Do you have a child whom the aggressor believes is not the aggressor’s biological child?
Has the aggressor ever followed, spied on, or left threatening messages for you?
The bill specifies that if a victim refuses, or is unable, to provide sufficient information to complete the
lethality assessment, the officer must document the lack of such an assessment in the written police
report and refer the victim to the nearest locally certified domestic violence center. However, the bill
39
MNADV, supra, at 32.
40
MNADV, supra, at 34.
41
National Criminal Justice Association, How Lethality Assessments Can Help Prevent Domestic Violence, Dec. 7, 2023,
https://www.ncja.org/crimeandjusticenews/how-lethality-assessments-can-help-prevent-domestic-
violence#:~:text=Connecticut%2C%20Maryland%2C%20North%20Carolina%2C%20Oklahoma%2C%20Pennsylvania%2C%20Virginia
%20and,assessment%20and%20support%20them%20with%20training%20and%20resources. (last visited Jan. 26, 2024).
42
S. 943.12(5), F.S.
43
S. 943.13(9), F.S. STORAGE NAME: h0729.CRJ PAGE: 7
DATE: 1/26/2024
prohibits the officer from including any information regarding the domestic violence center to which the
victim was referred in a probable cause statement, written police report, or incident report.
The bill further requires the Florida Department of Law Enforcement to consult with the Department of
Children and Families and at least one domestic violence advocacy organization to develop the
policies, procedures, and training necessary to implement a statewide lethality assessment.
The bill requires all law enforcement officers who respond to or investigate crimes of domestic violence
to be trained on the policies and procedures for administering a lethality assessment by July 1, 2025,
and prohibits an officer from administering such an assessment before he or she has completed such
training. The bill requires the training to be accessible to law enforcement officers in an online format.
The bill provides an effective date of July 1, 2024.
B. SECTION DIRECTORY:
Section 1: Amends s. 741.29, F.S., relating to domestic violence; investigation of incidents; notice to
victims of legal rights and remedies; reporting.
Section 2: Reenacts s. 39.906, F.S., relating to referral to centers and notice of rights.
Section 3: Provides an effective date of July 1, 2024.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
See Fiscal Comments.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
See Fiscal Comments.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
The Florida Department of Law Enforcement (FDLE) reports the bill will have a negative fiscal impact
on FDLE as the anticipated total cost of developing and implementing the policies, procedures, and
training necessary to implement the lethality assessment will cost approximately $152,916, with a
minimum recurring cost of $87,134 required to compensate one new full-time education and training
specialist. The remainder of the anticipated expenditure is required to make information technology
updates to the automatic training management system in order to track the officers that have completed
the assessment training and to workshop, develop, and implement the required lethality assessment
training.
44
44
FDLE, Agency Analysis of 2024 House Bill 729, (Dec. 6. 2023)(on file with the House Criminal Justice Subcommittee). STORAGE NAME: h0729.CRJ PAGE: 8
DATE: 1/26/2024
Additionally, the bill may have an indeterminate negative fiscal impact on local governments based on
the costs associated with providing additional training required by the bill to law enforcement officers.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not Applicable. This bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditures of funds; reduce the authority that counties or municipalities have
to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
The bill authorizes FDLE to develop policies and procedures for implementation of the lethality
assessment.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES