FLA. STAT. ANN. § 741.29(4)
(3) Whenever a law enforcement officer determines upon probable cause that an act of domestic violence has been committed within the jurisdiction the officer may arrest the person or persons suspected of its commission and charge such person or persons with the appropriate crime. The decision to arrest and charge shall not require consent of the victim or consideration of the relationship of the parties.
Gabby Petito Act
741.29 Domestic violence; investigation of incidents; notice to victims of legal rights and remedies; reporting.–
Section 1. This act may be cited as the “Gabby Petito Act.”
(2) When a law enforcement officer investigates an alleged incident of domestic violence the officer shall handle the incident pursuant to the arrest policy provided in s. 901.15(7), and as developed in accordance with subsections (4), (5), and (6). Regardless of whether an arrest is made, the officer shall make a written police report that is complete and clearly indicates the alleged offense was an incident of domestic violence. Such report must be given to the officer’s supervisor and filed with the law enforcement agency in a manner that will allow data on domestic violence cases to be compiled. Such report must include all of the following information:
(b) If a law enforcement officer decides not to make an arrest or decides to arrest two or more parties, the grounds for not arresting anyone or for arresting two or more parties.
(c) A statement that indicates that a copy of the legal rights and remedies notice was given to the victim.
Whenever possible, the law enforcement officer shall obtain a written statement from the victim and witnesses concerning the alleged domestic violence and submit the report to the supervisor or other person to whom the employer’s rules or policies require reports of similar allegations of criminal activity be made. The law enforcement agency shall, without charge, send a copy of the initial police report, as well as any subsequent, supplemental, or related report, which excludes victim/witness statements or other materials that are part of an active criminal investigation and are exempt from disclosure under chapter 119, to the nearest locally certified domestic violence center within 24 hours after the agency’s receipt of the report. The report furnished to the domestic violence center must include a narrative description of the domestic violence incident.
(3)(a) When a law enforcement officer investigates an alleged incident of domestic violence, the officer shall complete a lethality assessment form to evaluate the likelihood of serious injury or death. The personal identifying information of the offender and the results of the lethality assessment must be given to the officer’s supervisor and filed with the law enforcement agency in a manner that will allow data on domestic violence cases to be compiled.
(b) The Department of Law Enforcement shall do all of the following:
1. Approve a statewide lethality assessment form. The form must be an evidence-based assessment that has been reviewed and approved by the United States Department of Justice’s Office on Violence Against Women.
2. Consult with the Department of Children and Families and at least one domestic violence advocacy organization to develop the policies, procedures, and training necessary to implement the use of the lethality assessment form.
3. Consult with the Florida Sheriffs Association and the Florida Police Chiefs Association to determine the best practices for compiling and using the data described in paragraph (a) in a manner that will best assist law enforcement officers who regularly respond to or investigate crimes of domestic violence.
(c) Each law enforcement officer who regularly responds to or investigates crimes of domestic violence must be trained on the policies and procedures for completing the form. A law enforcement officer may complete a lethality assessment form with a victim only after receiving such training.
Section 3. This act shall take effect July 1, 2024.