Bill Text: FL H1291 | 2010 | Regular Session | Comm Sub

Bill Title: Domestic Violence Fatality Review Teams [SPSC]

Spectrum: Partisan Bill (Republican 3-0)

Status: (Passed) 2010-05-07 - Approved by Governor; Chapter No. 2010-36 [H1291 Detail]

Download: Florida-2010-H1291-Comm_Sub.html
CS/HB 1291
A bill to be entitled
2An act relating to domestic violence fatality review
3teams; amending s. 741.316, F.S.; deleting a requirement
4that the Governor's Task Force on Domestic Violence
5provide information and technical assistance to local
6domestic violence fatality review teams; providing that
7information and records acquired by a domestic violence
8fatality review team are not subject to discovery or
9introduction into evidence in criminal or administrative
10proceedings in certain circumstances; providing that a
11person who has attended a meeting of a domestic violence
12fatality review team may not testify in criminal or
13administrative proceedings as to certain records or
14information produced or presented to the team; providing
15an effective date.
17Be It Enacted by the Legislature of the State of Florida:
19 Section 1. Section 741.316, Florida Statutes, is amended
20to read:
21 741.316 Domestic violence fatality review teams;
22definition; membership; duties; report by the Department of Law
24 (1) As used in this section, the term "domestic violence
25fatality review team" means an organization that includes, but
26is not limited to, representatives from the following agencies
27or organizations:
28 (a) Law enforcement agencies.
29 (b) The state attorney.
30 (c) The medical examiner.
31 (d) Certified domestic violence centers.
32 (e) Child protection service providers.
33 (f) The office of court administration.
34 (g) The clerk of the court.
35 (h) Victim services programs.
36 (i) Child death review teams.
37 (j) Members of the business community.
38 (k) County probation or corrections agencies.
39 (l) Any other persons who have knowledge regarding
40domestic violence fatalities, nonlethal incidents of domestic
41violence, or suicide, including research, policy, law, and other
42matters connected with fatal incidents.
43 (m) Other representatives as determined by the review
45 (2) A domestic violence fatality review team may be
46established at a local, regional, or state level in order to
47review fatal and near-fatal incidents of domestic violence,
48related domestic violence matters, and suicides. The review may
49include a review of events leading up to the domestic violence
50incident, available community resources, current laws and
51policies, actions taken by systems and individuals related to
52the incident and the parties, and any information or action
53deemed relevant by the team, including a review of public
54records and records for which public records exemptions are
55granted. The purpose of the teams is to learn how to prevent
56domestic violence by intervening early and improving the
57response of an individual and the system to domestic violence.
58The structure and activities of a team shall be determined at
59the local level. The team may determine the number and type of
60incidents it wishes to review and shall make policy and other
61recommendations as to how incidents of domestic violence may be
63 (3) The Governor's Task Force on Domestic Violence shall
64provide information and technical assistance to local domestic
65violence fatality review teams.
66 (3)(4)(a) There may not be any monetary liability on the
67part of, and a cause of action for damages may not arise
68against, any member of a domestic violence fatality review team
69or any person acting as a witness to, incident reporter to, or
70investigator for a domestic violence fatality review team for
71any act or proceeding undertaken or performed within the scope
72of the functions of the team, unless such person acted in bad
73faith, with malicious purpose, or in a manner exhibiting wanton
74and willful disregard of human rights, safety, or property.
75 (b) This subsection does not affect the provisions of s.
77 (4)(5) All information and records acquired by a domestic
78violence fatality review team are not subject to discovery or
79introduction into evidence in any civil or criminal action or
80administrative or disciplinary proceeding by any department or
81employing agency if the information or records arose out of
82matters that are the subject of evaluation and review by the
83domestic violence fatality review team. However, information,
84documents, and records otherwise available from other sources
85are not immune from discovery or introduction into evidence
86solely because the information, documents, or records were
87presented to or reviewed by such a team. A person who has
88attended a meeting of a domestic violence fatality review team
89may not testify in any civil, criminal, administrative, or
90disciplinary proceedings as to any records or information
91produced or presented to the team during meetings or other
92activities authorized by this section. This subsection does not
93preclude any person who testifies before a team or who is a
94member of a team from testifying as to matters otherwise within
95his or her knowledge.
96 (5)(6) The domestic violence fatality review teams are
97assigned to the Department of Children and Family Services for
98administrative purposes.
99 Section 2. This act shall take effect July 1, 2010.
CODING: Words stricken are deletions; words underlined are additions.