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 Appropriations Committee on Criminal and Civil Justice
BILL: SB 7062
INTRODUCER: For consideration by the Appropriations Committee on Criminal and Civil Justice
SUBJECT: Public Records/Lethality Assessment
DATE: February 7, 2024 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
Kolich Harkness Favorable
I. Summary:
SB 7062 amends s. 741.29, F.S., to create a public records exemption for a lethality assessment
form that contains a victim’s information and responses to a lethality assessment.
This bill is linked to SB 638, which requires 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. Lethality assessments are used to
determine a victim’s risk of serious bodily injury or death at the hands of their aggressor and will
be administered for any call relating to intimate partner violence.
The exemption is subject to the Open Government Sunset Review Act and will be repealed on
October 2, 2029, unless reviewed and saved from repeal through reenactment.
The bill provides a public necessity statement as required by the State Constitution.
Because the bill creates a new public record exemption, it requires a two-thirds vote of the
members present and voting in each house of the Legislature for final passage.
The bill takes effect on the same date that SB 638 or similar legislation takes effect, if such
legislation is adopted in the same legislative session or an extension thereof and becomes a law.
II. Present Situation:
Access to Public Records - Generally
The Florida Constitution provides that the public has the right to inspect or copy records made or
received in connection with official governmental business.1 The right to inspect or copy applies
to the official business of any public body, officer, or employee of the state, including all three
1
FLA. CONST. art. I, s. 24(a).
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branches of state government, local governmental entities, and any person acting on behalf of the
government.2
Additional requirements and exemptions related to public records are found in various statutes
and rules, depending on the branch of government involved. For instance, s. 11.0431, F.S.,
provides public access requirements for legislative records. Relevant exemptions are codified in
s. 11.0431(2)-(3), F.S., and adopted in the rules of each house of the Legislature.3 Florida Rule of
Judicial Administration 2.420 governs public access to judicial branch records.4 Finally, ch. 119,
F.S., known as the Public Records Act, provides requirements for public records held by
executive agencies.
Executive Agency Records – The Public Records Act
The Public Records Act provides that all state, county and municipal records are open for
personal inspection and copying by any person, and that providing access to public records is a
duty of each agency.5
Section 119.011(12), F.S., defines “public records” to include:
All documents, papers, letters, maps, books, tapes, photographs, films,
sound recordings, data processing software, or other material, regardless of
the physical form, characteristics, or means of transmission, made or
received pursuant to law or ordinance or in connections with the transaction
of official business by any agency.
The Florida Supreme Court has interpreted this definition to encompass all materials made or
received by an agency in connection with official business that are used to “perpetuate,
communicate, or formalize knowledge of some type.”6
The Florida Statutes specify conditions under which public access to public records must be
provided. The Public Records Act guarantees every person’s right to inspect and copy any public
record at any reasonable time, under reasonable conditions, and under supervision by the
custodian of the public record.7 A violation of the Public Records Act may result in civil or
criminal liability.8
2
Id.
3
See Rule 1.48, Rules and Manual of the Florida Senate (2022-2024) and Rule 14.1, The Rules of the Florida House of
Representatives, Edition 1 (2022-2024).
4
State v. Wooten, 260 So. 3d 1060 (Fla. 4th DCA 2018).
5
Section 119.01(1), F.S. Section 119.011(2), F.S., defines “agency” as “any state, county, district, authority, or municipal
officer, department, division, board, bureau, commission, or other separate unit of government created or established by law
including, for the purposes of this chapter, the Commission on Ethics, the Public Service Commission, and the Office of
Public Counsel, and any other public or private agency, person, partnership, corporation, or business entity acting on behalf
of any public agency.”
6
Shevin v. Byron, Harless, Schaffer, Reid and Assoc., Inc., 379 So. 2d 633, 640 (Fla. 1980).
7
Section 119.07(1)(a), F.S.
8
Section 119.10, F.S. Public records laws are found throughout the Florida Statutes, as are the penalties for violating those
laws.
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The Legislature may exempt public records from public access requirements by passing a
general law by a two-thirds vote of both the House and the Senate.9 The exemption must state
with specificity the public necessity justifying the exemption and must be no broader than
necessary to accomplish the stated purpose of the exemption.10
General exemptions from the public records requirements are contained in the Public Records
Act.11 Specific exemptions often are placed in the substantive statutes relating to a particular
agency or program.12
When creating a public records exemption, the Legislature may provide that a record is “exempt”
or “confidential and exempt.” There is a difference between records the Legislature has
determined to be exempt from the Public Records Act and those which the Legislature has
determined to be exempt from the Public Records Act and confidential.13 Records designated as
“confidential and exempt” are not subject to inspection by the public and may only be released
under the circumstances defined by statute.14 Records designated as “exempt” may be released at
the discretion of the records custodian under certain circumstances.15
Open Government Sunset Review Act
Legislative Review Process and Future Repeal
The provisions of s. 119.15, F.S., known as the Open Government Sunset Review Act16 (the
Act), prescribe a legislative review process for newly created or substantially amended 17 public
records or open meetings exemptions, with specified exceptions.18 The Act requires the repeal of
the exemption on October 2nd of the fifth year after creation or substantial amendment, unless
the Legislature reenacts the exemption.19
9
FLA. CONST. art. I, s. 24(c).
10
Id. See, e.g., Halifax Hosp. Medical Center v. News-Journal Corp., 724 So. 2d 567 (Fla. 1999) (holding that a public
meetings exemption was unconstitutional because the statement of public necessity did not define important terms and did
not justify the breadth of the exemption); Baker County Press, Inc. v. Baker County Medical Services, Inc., 870 So. 2d 189
(Fla. 1st DCA 2004) (holding that a statutory provision written to bring another party within an existing public records
exemption is unconstitutional without a public necessity statement).
11
See, e.g., s. 119.071(1)(a), F.S. (exempting from public disclosure examination questions and answer sheets of
examinations administered by a governmental agency for the purpose of licensure).
12
See, e.g., s. 213.053(2)(a), F.S. (exempting from public disclosure information contained in tax returns received by the
Department of Revenue).
13
WFTV, Inc. v. The Sch. Bd. of Seminole County, 874 So. 2d 48, 53 (Fla. 5th DCA 2004).
14
Id.
15
Williams v. City of Minneola, 575 So. 2d 683 (Fla. 5th DCA 1991).
16
Section 119.15, F.S.
17
An exemption is considered to be substantially amended if it is expanded to include more records or information or to
include meetings as well as records. Section 119.15(4)(b), F.S.
18
Section 119.15(2)(a) and (b), F.S., provides that exemptions required by federal law or applicable solely to the Legislature
or the State Court System are not subject to the Open Government Sunset Review Act.
19
Section 119.15(3), F.S.
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Exemption Must Serve an Identifiable Public Purpose and Be Drafted No Broader than
Necessary
The Act provides that a public records or open meetings exemption may be created or
maintained only if it serves an identifiable public purpose and is no broader than is necessary.20
An exemption serves an identifiable purpose if it meets one of the following purposes and the
Legislature finds that the purpose of the exemption outweighs open government policy and
cannot be accomplished without the exemption:
 It allows the state or its political subdivisions to effectively and efficiently administer a
governmental program, and administration would be significantly impaired without the
exemption;21
 It protects sensitive, personal information, the release of which would be defamatory, cause
unwarranted damage to the good name or reputation of the individual, or would jeopardize
the individual’s safety. If this public purpose is cited as the basis of an exemption, however,
only personal identifying information is exempt;22 or
 It protects information of a confidential nature concerning entities, such as trade or business
secrets.23
The Act also requires specified questions to be considered during the review process.24 In
examining an exemption, the Act directs the Legislature to question the purpose and necessity of
reenacting the exemption.
Public Necessity Statement and Two-thirds Vote Requirement
If the exemption is continued and expanded, then a public necessity statement and a two-thirds
vote for passage are required.25 If the exemption is continued without substantive changes or if
the exemption is continued and narrowed, then a public necessity statement and a two-thirds vote
for passage are not required. If the Legislature allows an exemption to expire, the previously
exempt records will remain exempt unless otherwise provided by law.26
Domestic Violence
Domestic violence is any assault, aggravated assault, battery, aggravated battery, sexual assault,
sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal
20
Section 119.15(6)(b), F.S.
21
Section 119.15(6)(b)1., F.S.
22
Section 119.15(6)(b)2., F.S.
23
Section 119.15(6)(b)3., F.S.
24
Section 119.15(6)(a), F.S. The specified questions are:
 What specific records or meetings are affected by the exemption?
 Whom does the exemption uniquely affect, as opposed to the general public?
 What is the identifiable public purpose or goal of the exemption?
 Can the information contained in the records or discussed in the meeting be readily obtained by alternative means? If so,
how?
 Is the record or meeting protected by another exemption?
 Are there multiple exemptions for the same type of record or meeting that it would be appropriate to merge?
25
See generally s. 119.15, F.S.
26
Section 119.15(7), F.S.
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offense resulting in physical injury or death of one family or household member by another
family or household member.27
Domestic Violence in Florida
In 2020, 106,615 crimes of domestic violence were reported to Florida law enforcement
agencies, resulting in 63,217 arrests.28 Of those 106,615 reported domestic violence offenses, the
relationship of the victims to the offenders varied, including:
 20,735 were spousal;29
 29,663 were co-habitants;30 and
 20,142 were other.31
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;32
 Advise the victim that there is a domestic violence center from which the victim may receive
services;33
 Give the victim immediate notice of the legal rights and remedies available;34
27
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.
28
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 December 12, 2023).
29
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 December 14, 2023). Spouse means the victim and offender are married by law or have been
previously married. This category included ex-spouses.
30
Id. Co-Habitant means the victim lived with the offender as a married couple without legal marriage. This category
includes former co-habitants.
31
Id. Other means the victim and offender had a child together but were never married and never lived together.
32
Section 741.29 (1), F.S.
33
Section 741.29 (1), F.S.
34
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.
BILL: SB 7062 Page 6
 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.35 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
 Make an arrest whenever the officer determines probable cause that an act of domestic
violence has been committed.36, 37
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.