ENROLLED
       2025 Legislature                           CS for CS for SB 1640
       
       
       
       
       
       
                                                             20251640er
    1  
    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.
   15          
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   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.