FL
Florida House Bill H1479

Florida 2025 Regular Session

Florida House Bill H1479 Compare Versions

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1010 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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1414 A bill to be entitled 1
1515 An act relating to public records; amending s. 741.29, 2
1616 F.S.; providing an exemption from public records 3
1717 requirements for a lethality assessment form that 4
18-contains certain information and responses; 5
19-authorizing the disclosure of a lethality assessment 6
20-form to a domestic violence center and the office of 7
21-the state attorney; authorizing the state attorney to 8
22-disclose such confidential information for certain 9
23-purposes and to certain parties; providing for future 10
24-legislative review and repeal of the exemption; 11
25-providing a statement of public necessity; providing 12
26-an effective date. 13
27- 14
28-Be It Enacted by the Legislature of the State of Florida: 15
29- 16
30- Section 1. Paragraph (i) is added to subsection (2) of 17
31-section 741.29, Florida Statutes, to read: 18
32- 741.29 Domestic violence; investigation of incidents; 19
33-notice to victims of legal rights and remedies; reporting. — 20
34- (2) The department shall consult with the Department of 21
35-Children and Families, the Florida Sheriffs Association, the 22
36-Florida Police Chiefs Association, the Florida Partnership to 23
37-End Domestic Violence, and at least two domestic violence 24
38-advocacy organizations to develop the policies, procedures, and 25
18+contains certain information and responses; providing 5
19+for future legislative review and repeal of the 6
20+exemption; providing a statement of public necessity; 7
21+providing an effective date. 8
22+ 9
23+Be It Enacted by the Legislature of the State of Florida: 10
24+ 11
25+ Section 1. Paragraph (i) is added to subsection (2) of 12
26+section 741.29, Florida Statutes, to read: 13
27+ 741.29 Domestic violence; investigation of incidents; 14
28+notice to victims of legal rights and remedies; reporting. — 15
29+ (2) The department shall consult with the Department of 16
30+Children and Families, the Florida Sheriffs Association, the 17
31+Florida Police Chiefs Association, the Florida Partnership to 18
32+End Domestic Violence, and at least two domestic violence 19
33+advocacy organizations to develop the policies, procedures, and 20
34+training necessary for implementation of a statewide evidence -21
35+based lethality assessment. Such policies, procedures, and 22
36+training must establish how to determine whether a victim and 23
37+aggressor are intimate partners and establish a statewide 24
38+process for referring a victim to a certified domestic violence 25
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4747 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-training necessary for implementation of a statewide evidence -26
52-based lethality assessment. Such policies, procedures, and 27
53-training must establish how to determine whether a victim and 28
54-aggressor are intimate partners and establish a statewide 29
55-process for referring a victim to a certified domestic violence 30
56-center. The group must review the questions in paragraph (e) and 31
57-make a recommendation as to whether all questions should be 32
58-included in the statewide lethality assessment instrument and 33
59-form. By January 1, 2025, th e department must adopt a statewide 34
60-lethality assessment instrument and form. If a question in 35
61-paragraph (e) is eliminated from the assessment, the department 36
62-must confirm that the remaining or altered questions constitute 37
63-an evidence-based lethality asses sment. By January 31, 2025, the 38
64-department shall report to the President of the Senate and the 39
65-Speaker of the House of Representatives the results and 40
66-recommendations of the group, including any proposed statutory 41
67-changes that are necessary for implementat ion of a statewide 42
68-lethality assessment. Training on how to administer a lethality 43
69-assessment and the approved lethality assessment form must be 44
70-accessible to a law enforcement officer in an online format. 45
71- (i) A lethality assessment form that contains a victim's 46
72-information and responses to the lethality assessment completed 47
73-before, on, or after January 1, 2025, is confidential and exempt 48
74-from s. 119.07(1) and s. 24(a), Art. I of the State 49
75-Constitution. A lethality assessment form may be disclosed to a 50
51+center. The group must review the questions in paragraph (e) and 26
52+make a recommendation as to whether all questions should be 27
53+included in the statewide lethality assessment instrument and 28
54+form. By January 1, 2025, the department must adopt a statewide 29
55+lethality assessment instrument and form. If a question in 30
56+paragraph (e) is eliminated from the assessment, the department 31
57+must confirm that the remaining or altered questions constitute 32
58+an evidence-based lethality assessment. By January 31, 2025, the 33
59+department shall report to the President of the Senate and the 34
60+Speaker of the House of Representatives the results and 35
61+recommendations of the group, including any proposed statutory 36
62+changes that are necessary for implementation of a statewide 37
63+lethality assessment. Training on how to administer a lethality 38
64+assessment and the approved lethality assessment form must be 39
65+accessible to a law enforcement officer in an online format. 40
66+ (i) A lethality assessment form that contains a victim's 41
67+information and responses to the lethality assessment is 42
68+confidential and exempt from s. 119.07(1) and s. 24(a), Art. I 43
69+of the State Constitution. This paragraph is subject to the Open 44
70+Government Sunset Review Act in accordance with s. 119.15 and 45
71+shall stand repealed on October 2, 2030, unless reviewed and 46
72+saved from repeal through reenactment by the Legislature. 47
73+ Section 2. The Legislature finds that it is a public 48
74+necessity that a lethality assessment form that contains a 49
75+victim's information and responses to the lethality assessment 50
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8484 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-domestic violence center, as defined in s. 39.902, and the 51
89-domestic violence center must treat the form and the information 52
90-on such form as confidential. A lethality assessment form may be 53
91-disclosed to the office of the state attorney. The state 54
92-attorney may disclose the confidential information in 55
93-furtherance of his or her official duties and responsibilities 56
94-and to the parties in a pending criminal prosecution as required 57
95-by law. This paragraph is subject to the Open Government Sunset 58
96-Review Act in accordan ce with s. 119.15 and shall stand repealed 59
97-on October 2, 2030, unless reviewed and saved from repeal 60
98-through reenactment by the Legislature. 61
99- Section 2. The Legislature finds that it is a public 62
100-necessity that a lethality assessment form that contains a 63
101-victim's information and responses to the lethality assessment 64
102-be made confidential and exempt from s. 119.07(1), Florida 65
103-Statutes, and s. 24(a), Article I of the State Constitution. The 66
104-Legislature finds that the release of information included on a 67
105-lethality assessment form could subject victims of domestic 68
106-violence to an increased risk of abuse. Such information 69
107-contained on a lethality assessment form is sensitive in nature. 70
108-The Legislature further finds that such victims are more likely 71
109-to participate in a lethality assessment if such form is 72
110-protected from public disclosure. The Legislature finds that the 73
111-harm that may result from the release of such information 74
112-outweighs the public benefit that may be derived from the 75
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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-disclosure of the information. 76
126- Section 3. This act shall take effect July 1, 2025. 77
88+be made confidential and exempt from s. 119.07(1), Florida 51
89+Statutes, and s. 24(a), Article I of the State Constitution. The 52
90+Legislature finds that the release of information included on a 53
91+lethality assessment form could subject victims of domestic 54
92+violence to an increased risk of abuse. Such information 55
93+contained on a lethality assessment form is sensitive in nature. 56
94+The Legislature further finds that such victims are more likely 57
95+to participate in a leth ality assessment if such form is 58
96+protected from public disclosure. The Legislature finds that the 59
97+harm that may result from the release of such information 60
98+outweighs the public benefit that may be derived from the 61
99+disclosure of the information. 62
100+ Section 3. This act shall take effect July 1, 2025. 63