Bill Text: FL S7062 | 2024 | Regular Session | Engrossed

---

Bill Title: Public Records/Lethality Assessment

Spectrum: Committee Bill

Status: (Failed) 2024-03-08 - Died in Messages [S7062 Detail]

Download: Florida-2024-S7062-Engrossed.html

---

       SB 7062                                    First Engrossed (ntc)
       
       
       
       
       
       
       
       
       20247062e1
       
    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 and may consult with the Florida Sheriffs
   20  Association, the Florida Police Chiefs Association, and the
   21  Florida Partnership to End Domestic Violence to develop the
   22  policies, procedures, and training necessary for implementation
   23  of a statewide evidence-based lethality assessment. Such
   24  policies, procedures, and training must establish how to
   25  determine whether a victim and aggressor are intimate partners
   26  and establish a statewide process for referring a victim to a
   27  certified domestic violence center. By January 1, 2025, the
   28  department must adopt a statewide lethality assessment form that
   29  includes all the information in paragraph (c). Training on how
   30  to administer a lethality assessment and the approved lethality
   31  assessment form must be accessible to a law enforcement officer
   32  in an online format.
   33         (g) A lethality assessment form that contains a victim’s
   34  information and responses to the lethality assessment is
   35  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
   36  of the State Constitution. This paragraph is subject to the Open
   37  Government Sunset Review Act in accordance with s. 119.15 and
   38  shall stand repealed on October 2, 2029, unless reviewed and
   39  saved from repeal through reenactment by the Legislature.
   40         Section 2. The Legislature finds that it is a public
   41  necessity that a lethality assessment form that contains a
   42  victim’s information and responses to the lethality assessment
   43  be made confidential and exempt from s. 119.07(1), Florida
   44  Statutes, and s. 24(a), Article I of the State Constitution. The
   45  Legislature finds that the release of information included on a
   46  lethality assessment form could subject victims of domestic
   47  violence to an increased risk of abuse. Such information
   48  contained on a lethality assessment form is sensitive in nature.
   49  The Legislature further finds that such victims are more likely
   50  to participate in a lethality assessment if such form is
   51  protected from public disclosure. The Legislature finds that the
   52  harm that may result from the release of such information
   53  outweighs the public benefit that may be derived from the
   54  disclosure of the information.
   55         Section 3. This act shall take effect on the same date that
   56  SB 638 or similar legislation takes effect, if such legislation
   57  is adopted in the same legislative session or an extension
   58  thereof and becomes a law.