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

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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

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CS/HB 1291

1	A bill to be entitled
2	An act relating to domestic violence fatality review
3	teams; amending s. 741.316, F.S.; deleting a requirement
4	that the Governor's Task Force on Domestic Violence
5	provide information and technical assistance to local
6	domestic violence fatality review teams; providing that
7	information and records acquired by a domestic violence
8	fatality review team are not subject to discovery or
9	introduction into evidence in criminal or administrative
10	proceedings in certain circumstances; providing that a
11	person who has attended a meeting of a domestic violence
12	fatality review team may not testify in criminal or
13	administrative proceedings as to certain records or
14	information produced or presented to the team; providing
15	an effective date.
16
17	Be It Enacted by the Legislature of the State of Florida:
18
19	Section 1. Section 741.316, Florida Statutes, is amended
20	to read:
21	741.316 Domestic violence fatality review teams;
22	definition; membership; duties; report by the Department of Law
23	Enforcement.-
24	(1) As used in this section, the term "domestic violence
25	fatality review team" means an organization that includes, but
26	is not limited to, representatives from the following agencies
27	or 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
40	domestic violence fatalities, nonlethal incidents of domestic
41	violence, or suicide, including research, policy, law, and other
42	matters connected with fatal incidents.
43	(m) Other representatives as determined by the review
44	team.
45	(2) A domestic violence fatality review team may be
46	established at a local, regional, or state level in order to
47	review fatal and near-fatal incidents of domestic violence,
48	related domestic violence matters, and suicides. The review may
49	include a review of events leading up to the domestic violence
50	incident, available community resources, current laws and
51	policies, actions taken by systems and individuals related to
52	the incident and the parties, and any information or action
53	deemed relevant by the team, including a review of public
54	records and records for which public records exemptions are
55	granted. The purpose of the teams is to learn how to prevent
56	domestic violence by intervening early and improving the
57	response of an individual and the system to domestic violence.
58	The structure and activities of a team shall be determined at
59	the local level. The team may determine the number and type of
60	incidents it wishes to review and shall make policy and other
61	recommendations as to how incidents of domestic violence may be
62	prevented.
63	(3) The Governor's Task Force on Domestic Violence shall
64	provide information and technical assistance to local domestic
65	violence fatality review teams.
66	(3)(4)(a) There may not be any monetary liability on the
67	part of, and a cause of action for damages may not arise
68	against, any member of a domestic violence fatality review team
69	or any person acting as a witness to, incident reporter to, or
70	investigator for a domestic violence fatality review team for
71	any act or proceeding undertaken or performed within the scope
72	of the functions of the team, unless such person acted in bad
73	faith, with malicious purpose, or in a manner exhibiting wanton
74	and willful disregard of human rights, safety, or property.
75	(b) This subsection does not affect the provisions of s.
76	768.28.
77	(4)(5) All information and records acquired by a domestic
78	violence fatality review team are not subject to discovery or
79	introduction into evidence in any civil or criminal action or
80	administrative or disciplinary proceeding by any department or
81	employing agency if the information or records arose out of
82	matters that are the subject of evaluation and review by the
83	domestic violence fatality review team. However, information,
84	documents, and records otherwise available from other sources
85	are not immune from discovery or introduction into evidence
86	solely because the information, documents, or records were
87	presented to or reviewed by such a team. A person who has
88	attended a meeting of a domestic violence fatality review team
89	may not testify in any civil, criminal, administrative, or
90	disciplinary proceedings as to any records or information
91	produced or presented to the team during meetings or other
92	activities authorized by this section. This subsection does not
93	preclude any person who testifies before a team or who is a
94	member of a team from testifying as to matters otherwise within
95	his or her knowledge.
96	(5)(6) The domestic violence fatality review teams are
97	assigned to the Department of Children and Family Services for
98	administrative purposes.
99	Section 2. This act shall take effect July 1, 2010.

CODING: Words stricken are deletions; words underlined are additions.