Florida Senate - 2024                                    SB 7062
       
       
        
       By the Appropriations Committee on Criminal and Civil Justice
       
       
       
       
       
       604-03134-24                                          20247062__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s. 741.29,
    3         F.S.; providing a public records exemption for certain
    4         information pertaining to a lethality assessment
    5         administered by a trained law enforcement officer;
    6         providing for future legislative review and repeal of
    7         the exemption; providing a statement of public
    8         necessity; providing a contingent effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Paragraph (g) is added to subsection (2) of
   13  section 741.29, Florida Statutes, as created by SB 638, 2024
   14  Regular Session, to read:
   15         741.29 Domestic violence; investigation of incidents;
   16  notice to victims of legal rights and remedies; reporting.—
   17         (2) The department shall consult with the Department of
   18  Children and Families and at least one domestic violence
   19  advocacy organization to develop the policies, procedures, and
   20  training necessary for implementation of a statewide evidence
   21  based lethality assessment. Training on how to administer a
   22  lethality assessment must be accessible to a law enforcement
   23  officer in an online format.
   24         (g) A lethality assessment form that contains a victim’s
   25  information and responses to the lethality assessment is
   26  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
   27  of the State Constitution. This paragraph is subject to the Open
   28  Government Sunset Review Act in accordance with s. 119.15 and
   29  shall stand repealed on October 2, 2029, unless reviewed and
   30  saved from repeal through reenactment by the Legislature.
   31         Section 2. The Legislature finds that it is a public
   32  necessity that a lethality assessment form that contains a
   33  victim’s information and responses to the lethality assessment
   34  be made confidential and exempt from s. 119.07(1), Florida
   35  Statutes, and s. 24(a), Article I of the State Constitution. The
   36  Legislature finds that the release of information included on a
   37  lethality assessment form could subject victims of domestic
   38  violence to an increased risk of abuse. Such information
   39  contained on a lethality assessment form is sensitive in nature.
   40  The Legislature further finds that such victims are more likely
   41  to participate in a lethality assessment if such form is
   42  protected from public disclosure. The Legislature finds that the
   43  harm that may result from the release of such information
   44  outweighs the public benefit that may be derived from the
   45  disclosure of the information.
   46         Section 3. This act shall take effect on the same date that
   47  SB 638 or similar legislation takes effect, if such legislation
   48  is adopted in the same legislative session or an extension
   49  thereof and becomes a law.