The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Fiscal Policy
BILL: CS/CS/CS/SB 638
INTRODUCER: Fiscal Policy Committee; Appropriations Committee on Criminal and Civil Justice;
Criminal Justice Committee; and Senator Grall
SUBJECT: Lethality Assessments
DATE: February 23, 2024 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Wyant Stokes CJ Fav/CS
2. Kolich Harkness ACJ Fav/CS
3. Wyant Yeatman FP Fav/CS
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/CS/CS/SB 638 amends s. 741.29, F.S., to require law enforcement officers who investigate
an alleged incident of domestic violence to administer a lethality assessment if the allegation is
against an intimate partner, regardless of whether an arrest is made.
The Department of Law Enforcement (FDLE) must consult with the Department of Children and
Families (DCF) and at least one domestic violence advocacy organization, and may consult with
the Florida Sheriffs Association, the Florida Police Chiefs Association, and the Florida
Partnership to End Domestic Violence to develop policies, procedures, and training necessary for
implementation of a statewide evidence-based lethality assessment. Such policies, procedures,
and training must establish how to determine whether a victim and aggressor are intimate
partners and establish a statewide process for referring a victim to a certified domestic violence
center.
The bill requires the FDLE to monitor evidence-based standards relating to administering a
lethality assessment or the lethality assessment form and report to the President of the Senate and
the Speaker of the House of Representatives under certain circumstances.
The bill requires the Criminal Justice Standards and Training Commission to require by rule that
all law enforcement receive instruction on the policies and procedures for administering a
lethality assessment through basic training or as part of the required instruction for continued
BILL: CS/CS/CS/SB 638 Page 2
employment. A law enforcement officer may not administer a lethality assessment to a victim if
the officer has not received training. Law enforcement officers must be trained by October 1,
2026. An officer’s employing agency must place the officer’s certification on inactive status
which remains until the officer completes the training.
The bill provides that the FDLE must adopt a statewide lethality assessment form that includes a
series of specified questions. The approved form and training on how to administer the
assessment must be accessible to a law enforcement officer in an online format.
The bill requires a law enforcement officer to advise the victim of the results of the assessment
and refer the victim to the nearest locally certified domestic violence center if the victim’s
responses meet the criteria for referral.
If a victim does not, or is unable to, provide information to a law enforcement officer sufficient
to allow the officer to administer a lethality assessment, the officer must document the lack of an
assessment in the written police report and refer the victim to the nearest locally certified
domestic violence center. An officer may not include in a probable cause statement, written
police report, or incident report the domestic violence center to which a victim was referred.
The bill requires a notation of the score of a lethality assessment, if administered, to be included
in a written police report, given to the officer’s supervisor, and filed with the law enforcement
agency in a manner that will permit data on domestic violence cases to be compiled.
The bill may have a negative workload impact on the FDLE. See Section V., Fiscal Impact
Statement.
The bill is effective on July 1, 2024.
II. Present Situation:
Domestic violence is any assault, aggravated assault, battery, aggravated battery, sexual assault,
sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal
offense resulting in physical injury or death of one family or household member by another
family or household member.1
Domestic Violence in Florida
In 2020, 106,615 crimes of domestic violence were reported to Florida law enforcement
agencies, resulting in 63,217 arrests.2 Of those 106,615 reported domestic violence offenses, the
relationship of the victims to the offenders varied, including:
1
Section 741.28, F.S.; “Family or household member,” means spouses, former spouses, persons related by blood or marriage,
persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons
who are parents of a child in common regardless of whether they have been married. With the exception of persons who have
a child in common, the family or household members must be currently residing or have in the past resided together in the
same single dwelling unit.
2
Florida Department of Law Enforcement, Crime in Florida: Florida Uniform Crime Report, available at:
https://www.fdle.state.fl.us/CJAB/UCR/Annual-Reports/UCR-Domestic-Violence (Last accessed February 23, 2024).
BILL: CS/CS/CS/SB 638 Page 3
20,735 were spousal;3
29,663 were co-habitants;4 and
20,142 were other.5
Domestic Violence Training
Section 943.171, F.S., requires basic skills training in handling domestic violence cases. Every
basic skills course required in order for law enforcement officers to obtain initial certification
shall include a minimum of six hours of training in handling domestic violence cases and
training must include the recognition and determination of the primary aggressor in domestic
violence cases and the issues involved in child-to-parent cases.
Domestic Violence Investigations
Section 741.29, F.S., provides domestic violence investigations require an officer who
investigates an alleged incident of domestic violence to:
Assist the victim to obtain medical treatment if such is required;6
Advise the victim that there is a domestic violence center from which the victim may receive
services;7
Give the victim immediate notice of the legal rights and remedies available;8
Make a written report, whether or not an arrest is made, that is complete and clearly indicates
the alleged offense was an incident of domestic violence. The report shall be given to the
officer’s supervisor and filed with the law enforcement agency in a manner that will permit
data on domestic violence cases to be compiled.9 Such report must include:
o A description of physical injuries observed, if any.
o If a law enforcement officer decides not to make an arrest or decides to arrest two or
more parties, the officer must include the grounds for not arresting anyone or for
arresting two or more parties.
o A statement which indicates that a copy of the legal rights and remedies notice was given
to the victim;
Obtain a written statement from the victim and witnesses concerning the alleged domestic
violence when possible; and
3
Florida Department of Law Enforcement, Domestic Violence, Victim to Offender Relationships, available at:
https://www.fdle.state.fl.us/CJAB/UCR/Annual-Reports/UCR-Domestic-Violence/Domestic-Violence-Relationships-
Chart.aspx (Last accessed February 23, 2024). Spouse means the victim and offender are married by law or have been
previously married. This category included ex-spouses.
4
Id. Co-Habitant means the victim lived with the offender as a married couple without legal marriage. This category includes
former co-habitants.
5
Id. Other means the victim and offender had a child together but were never married and never lived together.
6
Section 741.29 (1), F.S.
7
Section 741.29 (1), F.S.
8
Section 741.29 (1), F.S. The Legal Rights and Remedies Notice to Victims must include a general summary of s. 741.30,
F.S., the resource listing and phone number for the area domestic violence center, and a copy of the following statement: “If
you are a victim of domestic violence, you may ask the state attorney to file a criminal complaint. You also have the right to
go to court and file a petition requesting an injunction for protection from domestic violence which may include, but need not
be limited to, provisions which restrain the abuser from further acts of abuse; direct the abuser to leave your household;
prevent the abuser from entering your residence, school, business, or place of employment; award you custody of minor
children; and direct the abuser to pay support to you and the minor children if the abuser has a legal obligation to do so.
9
Section 741.29 (2), F.S.
BILL: CS/CS/CS/SB 638 Page 4
Make an arrest whenever the officer determines probable cause that an act of domestic
violence has been committed.10, 11
When complaints are received from two or more parties, the officers must evaluate each
complaint separately to determine whether there is probable cause for arrest. If the officer has
probable cause to believe that two or more persons have committed a crime, or two or more
persons make complaints, the officer must attempt to determine who was the primary
aggressor.12 Section 943.171, F.S., requires the training in handling domestic violence cases to
include the recognition and determination of the primary aggressor. Arrest is the preferred
response only for the primary aggressor and not the preferred response for a person who acts in a
reasonable manner to protect or defend oneself or another family or household member.13
A law enforcement officer may not be held liable, in any civil action, for an arrest based on
probable cause, enforcement in good faith of a court order, or service of process in good faith
under this chapter arising from an alleged incident of domestic violence brought by any party to
the incident.14
The use of lethality assessments in incidents of Domestic Violence
Effective July 1, 2023, Utah implemented a bill requiring police to perform a lethality
assessment for domestic violence calls. Since the law went into effect in Utah, the Director of
Public Policy at the Utah Domestic Violence Coalition reported that victim resource providers
have seen 80 percent more people statewide reaching out for help.15
Maryland is another state that has implemented lethality assessments as a statewide approach.
Maryland Network Against Domestic Violence (MNADV) created and implemented the
Lethality Assessment Program Maryland Model in 2005.16 The program was created based on
the research conducted and supported by a grant from the National Institute of Justice. The
program was developed as a way for first responders to identify victims of intimate partner
violence who are at the greatest risk of being killed. The program has been adopted in 31
additional states since the initial implementation in Maryland. Researchers found that although
the program did not appear to have a significant effect on reducing the frequency of intimate
10
Section 741.29(3), F.S.
11
Section 901.15(7), F.S., provides that a law enforcement officer may arrest a person without a warrant when there is
probable cause to believe that the person has committed an act of domestic violence. The decision to arrest does not require
consent of the victim or consideration of the relationship of the parties. It is the public policy of this state to strongly
discourage arrest and charges of both parties for domestic violence or dating violence on each other and to encourage training
of law enforcement and prosecutors in these areas.
12
Section 741.29(4)(a), F.S.
13
Section 741.29.(4)(b), F.S.
14
Section 741.29(5), F.S.
15
See KSL News Radio, Utah domestic violence victim advocates call for funding amid a surge of demand, Adam Small,
November 7, 2023, available at: https://kslnewsradio.com/2056767/utah-domestic-violence-victim-advocates-call-for-
funding/ (Last accessed February 23, 2024).
16
See Maryland Network Against Domestic Violence, Lethality Assessment Program. Available at:
https://www.mnadv.org/lethality-assessment-program/lap-program-overview-2/ (Last accessed February 23, 2024).
BILL: CS/CS/CS/SB 638 Page 5
partner violence, at follow-up, it appeared to significantly reduce the severity and frequency of
the violence that survivors experience and increased help seeking and safety planning.17
Overall, the evaluation concluded that although additional research is needed on the Lethality
Assessment Program, it shows promise as an evidence-informed intervention that increases
survivors’ safety and empowers them to make self-care decisions.18
There is no current law in Florida pertaining to the administration of a lethality assessment.
III. Effect of Proposed Changes:
The bill amends s. 741.29, F.S., to require law enforcement officers who investigate an alleged
incident of domestic violence to administer a lethality assessment if the allegation is against an
intimate partner, regardless of whether an arrest is made.
The FDLE must consult with the DCF and at least one domestic violence advocacy organization,
and may consult with the Florida Sheriffs Association, the Florida Police Chiefs Association, and
the Florida Partnership to End Domestic Violence to develop the policies, procedures, and
training necessary for implementation of a statewide evidence-based lethality assessment. Such
policies, procedures, and training must establish how to determine whether a victim and
aggressor are intimate partners and establish a statewide process for referring a victim to a
certified domestic violence center.
The bill requires the FDLE to monitor evidence-based standards relating to administering a
lethality assessment or the lethality assessment form and report to the President of the Senate and
the Speaker of the House of Representatives under certain circumstances. The report must
include the current policies and procedures for administering a lethality assessment, any
proposed statutory changes necessary for statewide implementation, and any proposed changes
to the lethality assessment or the lethality assessment form to maintain compliance with
evidence-based standards.
The bill requires the Criminal Justice Standards and Training Commission to require by rule that
all law enforcement receive instruction on the policies and procedures for administering a
lethality assessment through basic training or as part of the required instruction for continued
employment. A law enforcement officer may not administer a lethality assessment to a victim if
the officer has not received training. Law enforcement officers must be trained by October 1,
2026. An officer’s employing agency must place the officer’s certification on inactive status
which remains until the officer completes the training.
17
See National Institute of Justice, How Effective are Lethality Assessment Programs for Addressing Intimate Partner
Violence?, available at: https://nij.ojp.gov/topics/articles/how-effective-are-lethality-assessment-programs-addressing-
intimate-partner (Last accessed February 23, 2024).
18
Inter-University Consortium for Political and Social Research, Police Departments’ Use of Lethality Assessments: An
Experimental Evaluation, Messing, Jill, Campbell, Jacquelyn, Wilson, Janet, Brown, Sheryll, and Patchell, Beverly,
January 13, 2016, available at, https://doi.org/10.3886/ICPSR34975.v1 (Last accessed February 23, 2024).
BILL: CS/CS/CS/SB 638 Page 6
By January 1, 2025, the FDLE must adopt a statewide lethality assessment form that includes
specified questions. The form and training on how to administer the assessment must be
accessible to a law enforcement officer in an online format.
To administer a lethality assessment, a law enforcement officer must ask the following questions
in the same or similar wording and in the same order:
Did the aggressor ever use a weapon against you or threaten you with a weapon?
Did the aggressor ever threaten to kill you or your children?
Do you believe the aggressor will try to kill you?
Has the aggressor ever choked you or attempted to choke you?
Does the aggressor have a gun or could the aggressor easily obtain a gun?