ENROLLED
2025 Legislature CS for CS for SB 1640
20251640er
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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;
6 authorizing the disclosure of a lethality assessment
7 form to a domestic violence center and to the office
8 of the state attorney; authorizing the state attorney
9 to release the confidential information for certain
10 purposes and to certain parties; providing for future
11 legislative review and repeal of the exemption;
12 providing for retroactive application of the
13 exemption; providing a statement of public necessity;
14 providing an effective date.
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16 Be It Enacted by the Legislature of the State of Florida:
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18 Section 1. Paragraph (i) is added to subsection (2) of
19 section 741.29, Florida Statutes, to read:
20 741.29 Domestic violence; investigation of incidents;
21 notice to victims of legal rights and remedies; reporting.—
22 (2) The department shall consult with the Department of
23 Children and Families, the Florida Sheriffs Association, the
24 Florida Police Chiefs Association, the Florida Partnership to
25 End Domestic Violence, and at least two domestic violence
26 advocacy organizations to develop the policies, procedures, and
27 training necessary for implementation of a statewide evidence
28 based lethality assessment. Such policies, procedures, and
29 training must establish how to determine whether a victim and
30 aggressor are intimate partners and establish a statewide
31 process for referring a victim to a certified domestic violence
32 center. The group must review the questions in paragraph (e) and
33 make a recommendation as to whether all questions should be
34 included in the statewide lethality assessment instrument and
35 form. By January 1, 2025, the department must adopt a statewide
36 lethality assessment instrument and form. If a question in
37 paragraph (e) is eliminated from the assessment, the department
38 must confirm that the remaining or altered questions constitute
39 an evidence-based lethality assessment. By January 31, 2025, the
40 department shall report to the President of the Senate and the
41 Speaker of the House of Representatives the results and
42 recommendations of the group, including any proposed statutory
43 changes that are necessary for implementation of a statewide
44 lethality assessment. Training on how to administer a lethality
45 assessment and the approved lethality assessment form must be
46 accessible to a law enforcement officer in an online format.
47 (i) A lethality assessment form that contains a victim’s
48 information and responses to the lethality assessment completed
49 on, before, or after January 1, 2025, is confidential and exempt
50 from s. 119.07(1) and s. 24(a), Art. I of the State
51 Constitution. A lethality assessment form may be disclosed to a
52 domestic violence center, as defined in s. 39.902, and the
53 domestic violence center must treat the form and the information
54 on such form as confidential. A lethality assessment form may be
55 disclosed to the office of the state attorney. The state
56 attorney may release the confidential information in furtherance
57 of its official duties and responsibilities, and to the parties
58 in a pending criminal prosecution as required by law. This
59 paragraph is subject to the Open Government Sunset Review Act in
60 accordance with s. 119.15 and shall stand repealed on October 2,
61 2030, unless reviewed and saved from repeal through reenactment
62 by the Legislature.
63 Section 2. The Legislature finds that it is a public
64 necessity that a lethality assessment form that contains a
65 victim’s information and responses to the lethality assessment
66 be made confidential and exempt from s. 119.07(1), Florida
67 Statutes, and s. 24(a), Article I of the State Constitution. The
68 Legislature finds that the release of information included on a
69 lethality assessment form could subject victims of domestic
70 violence to an increased risk of abuse. Such information
71 contained on a lethality assessment form is sensitive in nature.
72 The Legislature further finds that such victims are more likely
73 to participate in a lethality assessment if such form is
74 protected from public disclosure. The Legislature finds that the
75 harm that may result from the release of such information
76 outweighs the public benefit that may be derived from the
77 disclosure of the information.
78 Section 3. This act shall take effect upon becoming a law.