Florida Senate - 2025                                    SB 1640
       
       
        
       By Senator Grall
       
       
       
       
       
       29-00851-25                                           20251640__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s. 741.29,
    3         F.S.; providing an exemption from public records
    4         requirements for a lethality assessment form that
    5         contains certain information and responses; providing
    6         for future legislative review and repeal of the
    7         exemption; providing a statement of public necessity;
    8         providing an effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Paragraph (i) is added to subsection (2) of
   13  section 741.29, Florida Statutes, to read:
   14         741.29 Domestic violence; investigation of incidents;
   15  notice to victims of legal rights and remedies; reporting.—
   16         (2) The department shall consult with the Department of
   17  Children and Families, the Florida Sheriffs Association, the
   18  Florida Police Chiefs Association, the Florida Partnership to
   19  End Domestic Violence, and at least two domestic violence
   20  advocacy organizations to develop the policies, procedures, and
   21  training necessary for implementation of a statewide evidence
   22  based lethality assessment. Such policies, procedures, and
   23  training must establish how to determine whether a victim and
   24  aggressor are intimate partners and establish a statewide
   25  process for referring a victim to a certified domestic violence
   26  center. The group must review the questions in paragraph (e) and
   27  make a recommendation as to whether all questions should be
   28  included in the statewide lethality assessment instrument and
   29  form. By January 1, 2025, the department must adopt a statewide
   30  lethality assessment instrument and form. If a question in
   31  paragraph (e) is eliminated from the assessment, the department
   32  must confirm that the remaining or altered questions constitute
   33  an evidence-based lethality assessment. By January 31, 2025, the
   34  department shall report to the President of the Senate and the
   35  Speaker of the House of Representatives the results and
   36  recommendations of the group, including any proposed statutory
   37  changes that are necessary for implementation of a statewide
   38  lethality assessment. Training on how to administer a lethality
   39  assessment and the approved lethality assessment form must be
   40  accessible to a law enforcement officer in an online format.
   41         (i) A lethality assessment form that contains a victim’s
   42  information and responses to the lethality assessment is
   43  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
   44  of the State Constitution. This paragraph is subject to the Open
   45  Government Sunset Review Act in accordance with s. 119.15 and
   46  shall stand repealed on October 2, 2030, unless reviewed and
   47  saved from repeal through reenactment by the Legislature.
   48         Section 2. The Legislature finds that it is a public
   49  necessity that a lethality assessment form that contains a
   50  victim’s information and responses to the lethality assessment
   51  be made confidential and exempt from s. 119.07(1), Florida
   52  Statutes, and s. 24(a), Article I of the State Constitution. The
   53  Legislature finds that the release of information included on a
   54  lethality assessment form could subject victims of domestic
   55  violence to an increased risk of abuse. Such information
   56  contained on a lethality assessment form is sensitive in nature.
   57  The Legislature further finds that such victims are more likely
   58  to participate in a lethality assessment if such form is
   59  protected from public disclosure. The Legislature finds that the
   60  harm that may result from the release of such information
   61  outweighs the public benefit that may be derived from the
   62  disclosure of the information.
   63         Section 3. This act shall take effect July 1, 2025.