HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/CS/HB 729 Lethality Assessments
SPONSOR(S): Justice Appropriations Subcommittee, Criminal Justice Subcommittee, Baker
TIED BILLS: IDEN./SIM. BILLS: SB 638
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Criminal Justice Subcommittee 14 Y, 0 N, As CS Leshko Hall
2) Justice Appropriations Subcommittee 12 Y, 0 N, As CS Saag Keith
3) Judiciary Committee
SUMMARY ANALYSIS
Section 741.29, F.S., requires a law enforcement officer who investigates an alleged incident of domestic
violence (DV) to: assist the victim in obtaining medical treatment if such treatment is required as a result of the
alleged incident to which the officer responds; advise the victim that there is a DV center where the victim may
receive services; give the victim immediate notice of her or his available legal rights and remedies; and obtain
a written statement from the victim and any witnesses, if possible.
In 2005, in order to enhance collaboration between law enforcement agencies and DV service providers, the
Maryland Network Against Domestic Violence developed and implemented the Lethality Assessment Program,
including a lethality screen and protocols. The “lethality screen” is an 11-item questionnaire that assesses a
victim’s level of risk for being killed by the perpetrator of the alleged DV offense. If, after administering the
lethality screen, the officer determines that a victim is at “high risk,” meaning the victim is at an increased risk
of homicide, the officer conveys to the victim the danger she or he is in and connects the victim with a DV
hotline for the purpose of developing a safety plan. As of December 2023, Connecticut, Maryland, North
Carolina, Oklahoma, Pennsylvania, and Wisconsin utilize the Lethality Assessment Program . Florida law
enforcement agencies do not currently use a statewide lethality screen or assessment.
CS/HB 729 amends s. 741.29, F.S., to require a law enforcement officer who investigates an alleged incident
of DV to administer a lethality assessment if the allegation of DV is made against an intimate partner,
regardless of whether an arrest is made, and include the results of the assessment in his or her written police
report. The bill provides a list of 12 questions an officer must ask a victim when conducting a lethality
assessment and requires the officer to advise the victim of the results of the assessment and refer the victim to
the nearest locally certified DV center if the victim meets certain criteria. The bill specifies that if a victim
refuses, or is unable, to provide sufficient information to complete the 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 DV center.
The bill further requires the Florida Department of Law Enforcement (FDLE) to consult with the Department of
Children and Families and at least one DV advocacy organization to develop the policies, procedures, and
training necessary to implement a statewide lethality assessment and to establish a statewide process for
referring a victim to a certified DV center. The bill requires FDLE to adopt a statewide lethality assessment
form by January 1, 2025. The bill requires all law enforcement officers who respond to or investigate crimes of
DV to be trained on the policies and procedures for administering a lethality assessment by October 1, 2026,
and prohibits an officer from administering such an assessment before he or she has completed such training.
The bill requires the training to be accessible to law enforcement officers in an online format.
The bill provides an appropriation from the Criminal Justice Standards and Training Trust Fund to FDLE for
Fiscal Year 2024-2025 to implement the training and education provisions of the bill.
The bill provides an effective date of July 1, 2024.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Domestic Violence
Domestic violence means any criminal offense resulting in the physical injury or death of one family or
household member1 by another family or household member, including:
Assault;2
Aggravated assault;3
Battery;4
Aggravated battery;5
Sexual assault;6
Sexual battery;7
Stalking;8
Aggravated stalking;9
Kidnapping;10 and
False imprisonment.11,12
In 2020,13 Florida law enforcement agencies received 106,615 domestic violence reports, 14 resulting in
63,345 arrests.15 Of those 106,615 reports, 20,735 involved a spouse, 29,663 involved a cohabitant,
and 20,142 involved a person with an undefined relationship with the victim. 16 Additionally, in 2020, 15
1 “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 ch ild in
common regardless of whether they have been married. With the exception of persons who have a child in common, th e family or
household members must be currently residing or have in the past resided together in the same single dwelling unit. S. 741.28 (3), F.S.
2 “Assault” means an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability
to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent. S. 784.011(1), F.S.
3 “Aggravated assault” means an assault with a deadly weapon without intent to kill or with intent to commit a felony. S. 784.021(1), F.S.
4 “Battery” means the actual and intentional touching or striking of another against his or her will or intentionally causing b odily harm to
another person. S. 784.03(1)(a), F.S.
5
“Aggravated battery” means a battery in which the offender intentionally or knowingly cause s great bodily harm, permanent disability,
or permanent disfigurement; used a deadly weapon; or victimized a person the offender knew or should have known was pregnant. S.
784.045(1), F.S.
6 “Sexual assault” has the same meaning as sexual battery.
7 “Sexual battery” means oral, anal, or female genital penetration by, or in union with, the sexual organ of another or the anal or female
genital penetration of another by any object, but does not include an act done for a bona fide medical purpose. S. 794.011(1)(j), F.S.
8
“Stalking” means willfully, maliciously, and repeatedly following, harassing, or cyberstalking another. S. 784.048(2), F.S.
9 “Aggravated stalking” means willfully, maliciously, and repeatedly following, harassing, or cyberstalking another and making a credible
threat to that person. S. 784.048(3), F.S.
10 “Kidnapping” means forcibly, secretly, or by threat confining, abducting, or imprisoning another against his or her will and without
lawful authority, with the intent to: hold for ransom or reward or as a shield or hostage; commit or facilitate commission of any felony;
inflict bodily harm upon or terrorize the victim or another person; or interfere with the performance of any governmental or political
function. S. 787.01(1)(a), F.S.
11 “False imprisonment” means forcibly, by threat, or secretly confining, abducting, imprisoning, or restraining another person without
lawful authority and against his or her will. S. 787.02(1)(a), F.S.
12 S. 741.28(2), F.S.
13 The Florida Department of Law Enforcement (FDLE) has not issued an updated report specifically detailing domestic violence
offenses since 2020.
14 The reports include offenses of murder, manslaughter, rape, fondling, aggravated assault, aggravated stalking, simple assault,
threats or intimidation, and stalking.
15 FDLE, Reported Domestic Violence Offenses: Relationship of Victim to Offender for Florida, 1992 -2020,
https://www.fdle.state.fl.us/CJAB/UCR/Annual-Reports/UCR-Domestic-Violence/03/DV_Victim_Totals_by_Relationship.aspx (last
visited Feb. 1, 2024).
16 Id.
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percent of all murders in Florida were related to domestic violence. 17,18 Florida’s Computerized Criminal
History recorded 68,109 domestic violence offenses in 2022. 19
Furthermore, during fiscal year 2022-2023, Florida’s 41 certified domestic violence centers:20
Provided emergency shelter to 12,836 individuals;
Provided outreach services to 36,324 individuals;
Answered 80,493 crisis hotline calls;
Completed 183,902 safety plans with victims; and
Provided 418,501 direct service information and referrals to victims, family members, and
individuals seeking services. 21
Investigations
Section 741.29, F.S., requires a law enforcement officer who investigates an alleged incident of
domestic violence to:
Assist the victim in obtaining medical treatment if such treatment is required as a result of the
alleged incident to which the officer responds;
Advise the victim that there is a domestic violence center where the victim may receive services;
Give the victim immediate notice of her or his available legal rights and remedies;22 and
Obtain a written statement from the victim and any witnesses, if possible.23
Additionally, an officer investigating a domestic violence incident is required to make a written police
report, regardless of whether an arrest is made.24 The report must include:
A description of physical injuries observed, if any;
The grounds for not arresting anyone or for arresting two or more parties, if applicable; and
A statement which indicates that a copy of the legal rights and remedies notice was given to the
victim.25
The officer’s agency must provide the written report, along with a narrative description of the domestic
violence incident, to the nearest locally certified domestic violence center within 24 hours after the
agency’s receipt of the report.26
Fatality Review Teams
Section 741.316, F.S., authorizes the establishment of domestic fatality review (DFR) teams at the
local, regional, and state level. A DFR team is an organization that is composed of representatives from
and including:
Law enforcement agencies.
State attorneys’ offices.
17 FDLE, Florida Statewide Reported Violent Crime, b y Offense and Year, 1971-2020, https://www.fdle.state.fl.us/CJAB/UCR/Annual-
Reports/UCR-Offense-Data/05/Total_Violent_Crime.aspx (last visited Feb. 1, 2024).
18
FDLE, Reported Domestic Violence in Florida: Victim Totals b y Offense, 1992 -2020, https://www.fdle.state.fl.us/CJAB/UCR/Annual-
Reports/UCR-Domestic-Violence/04/DV_Victim_Totals_by_Offense.aspx (last visited Feb. 1, 2024).
19 Florida Department of Health, Domestic Violence Offenses, Rate per 100,000 Population, 2022 ,
https://www.flhealthcharts.gov/ChartsDashboards/rdPage.aspx?rdReport=NonVitalIndNoGrp.TenYrsRpt&cid=312 (last visited Feb. 1,
2024). (Florida’s Computerized Criminal History is fingerprint-based, and unless prints were taken at a later stage in the criminal justice
process, does not include reports involving a notice to appear, direct files, or sworn complaints where no physical arrest wa s made.)
20 Section 39.902(2), F.S., defines “domestic violence center” as an agency that provides services to victims of domestic violence as its
primary mission.
21 Florida Department of Children and Families (DCF), Office of Domestic Violence, Annual Report January 2024,
https://www.myflfamilies.com/sites/default/files/2023-
12/Office%20of%20Domestic%20Violence%20Annual%20Report%20to%20the%20Legislature%202022%20to%202023.pdf (last
visited Feb. 1, 2024).
22 S. 741.29(1), F.S.
23 S. 741.29(2), F.S.
24 The report must be given to the officer’s supervisor and filed with the law enforcement agency in a manner tha t will permit data on
domestic violence cases to be compiled. Id.
25 S. 741.29(2)(a-c), F.S.
26 S. 741.29, F.S.
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Medical examiners’ offices.
Certified domestic violence centers.
Child protection service providers.
Court administration offices.
Clerks of court offices.
Victim services programs.
Child death review teams.
The business community.
County probation or corrections agencies.
Any person who has knowledge regarding domestic violence fatalities, nonlethal incidents of
domestic violence, or suicide, including research, policy, law, and other matters connected with
fatal incidents.
Other representatives as determined by the review team.27
The DFR teams review fatal and near-fatal incidents of domestic violence, related domestic violence
matters, and suicides in order to identify statewide trends, systemic gaps, and potential solutions that
allow for increased early intervention, safety, and justice for victims and their children, that hold
perpetrators accountable for their violence through coordinated community response efforts, and that
prevent the likelihood of domestic violence fatalities in the future. 28 The review may include a survey of:
Events leading up to domestic violence incidents;
Available community resources;
Current laws and policies;
Actions taken by systems and individuals related to the incident and the parties;
Public records and records for which public record exemptions are granted; and
Any information or action deemed relevant by the team. 29
Additionally, DFR teams utilize knowledge about coercive control tactics used by offenders and
indicators that a victim is at an increased risk of domestic violence homicide to guide the formulation of
recommendations relating to perpetrator accountability and safety measures for victims and their
children.30
In 2022, the Statewide Domestic Violence Fatality Review Team reviewed 27 domestic violence
homicides and attempted homicides. Approximately 45 percent of those homicides or attempts were
committed by an intimate partner, 37 percent by a spouse, and 15 percent by a former intimate
partner.31
Lethality Assessment Program
In 2005, in order to enhance collaboration between law enforcement agencies and domestic violence
service providers to better attend to the safety needs of victims of intimate partner violence (IPV), the
Maryland Network Against Domestic Violence developed and implemented the Lethality Assessment
Program, which includes a lethality screen32 and protocols.33,34 The “lethality screen” is an 11-item
questionnaire that assesses a victim’s level of risk for being killed by the perpetrator of an alleged IPV
27 S. 741.316(1)(a)–(m), F.S.
28 DCF, supra, at 21.
29 S. 741.316(2), F.S.
30
DCF, supra, at 21.
31 Id.
32 Maryland Network Against Domestic Violence (MNADV), Domestic Violence Lethality Screen for First Responders,
https://nij.ojp.gov/sites/g/files/xyckuh171/files/media/document/domestic-violence-screening.pdf (last visited Feb. 1, 2024).
33 National Institute of Justice, Research Designs in the Real World: Testing the Effectiveness of an Intimate Partner Violence
Intervention, https://nij.ojp.gov/topics/articles/research-designs-real-world-testing-effectiveness-intimate-partner-violence (last visited
Feb. 1, 2024).
34 MNADV, Position Paper: Effectiveness of the Lethality Assessment Program , https://www.mnadv.org/wp-
content/uploads/2021/02/LAP-Effectiveness-Position-Paper.pdf (last visited Feb. 1, 2024).
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offense. The following 11 questions represent the factors found to be the most predictive of homicide in
relationships with IPV based on a six-year study of homicides and attempted homicides in 11 cities: 35
Has the alleged perpetrator (he/she) ever used a weapon against you or threatened you with a
weapon?
Has he/she threatened to kill you or your children?
Do you think he/she might try to kill you?
Does he/she have a gun or can he/she get one easily?
Has he/she ever tried to choke you?
Is he/she violently or constantly jealous or does he/she control most of your daily activities?
Have you left him/her or separated after living together or being married?
Is he/she unemployed?
Has he/she ever tried to kill himself/herself?
Do you have a child that he/she knows is not his/hers?
Does he/she follow or spy on you or leave threatening messages? 36
The lethality screen is suggested to be used when a past or current intimate partner relationship is
involved and there is a “manifestation of danger” evidenced by at least one of the following:
The officer believes that an assa