Bill Text: FL S1446 | 2010 | Regular Session | Introduced
Bill Title: Domestic Violence Fatality Review Teams [SPSC]
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2010-04-16 - Placed on Special Order Calendar; Read 2nd time -SJ 00631; Substituted CS/HB 1291 -SJ 00631; Laid on Table, companion bill(s) passed, see CS/HB 1291 (Ch. 2010-36) -SJ 00631 [S1446 Detail]
Download: Florida-2010-S1446-Introduced.html
Florida Senate - 2010 SB 1446 By Senator Detert 23-01266-10 20101446__ 1 A bill to be entitled 2 An act relating to domestic violence fatality review 3 teams; amending s. 741.316, F.S.; removing the 4 requirement that the Governor’s Task Force on Domestic 5 Violence provide information and technical assistance 6 to local domestic violence fatality review teams; 7 prohibiting information and records acquired by a 8 domestic violence fatality review team from being 9 subject to discovery or introduced into evidence in a 10 criminal or administrative proceeding; prohibiting a 11 person who has attended a meeting of a domestic 12 violence fatality review team from testifying in a 13 criminal or administrative proceedings as to any 14 records or information produced or presented to the 15 team during the meeting; providing an exception for a 16 person who has personal knowledge of the matter; 17 providing an effective date. 18 19 Be It Enacted by the Legislature of the State of Florida: 20 21 Section 1. Section 741.316, Florida Statutes, is amended to 22 read: 23 741.316 Domestic violence fatality review teams; 24 definition; membership; duties; report by the Department of Law25Enforcement.— 26 (1) As used in this section, the term “domestic violence 27 fatality review team” means an organization that includes, but 28 is not limited to, representatives from the following agencies 29 or organizations: 30 (a) Law enforcement agencies. 31 (b) The state attorney. 32 (c) The medical examiner. 33 (d) Certified domestic violence centers. 34 (e) Child protection service providers. 35 (f) The office of court administration. 36 (g) The clerk of the court. 37 (h) Victim services programs. 38 (i) Child death review teams. 39 (j) Members of the business community. 40 (k) County probation or corrections agencies. 41 (l) Any other persons who have knowledge regarding domestic 42 violence fatalities, nonlethal incidents of domestic violence, 43 or suicide, including research, policy, law, and other matters 44 connected with fatal incidents. 45 (m) Other representatives as determined by the review team. 46 (2) A domestic violence fatality review team may be 47 established at a local, regional, or state level in order to 48 review fatal and near-fatal incidents of domestic violence, 49 related domestic violence matters, and suicides. The review may 50 include a review of events leading up to the domestic violence 51 incident, available community resources, current laws and 52 policies, actions taken by systems and individuals related to 53 the incident and the parties, and any information or action 54 deemed relevant by the team, including a review of public 55 records and records for which public records exemptions are 56 granted. The purpose of the teams is to learn how to prevent 57 domestic violence by intervening early and improving the 58 response of an individual and the system to domestic violence. 59 The structure and activities of a team shall be determined at 60 the local level. The team may determine the number and type of 61 incidents it wishes to review and shall make policy and other 62 recommendations as to how incidents of domestic violence may be 63 prevented. 64(3)The Governor’s Task Force on Domestic Violence shall65provide information and technical assistance to local domestic66violence fatality review teams.67 (3)(4)(a) There may not be any monetary liability on the 68 part of, and a cause of action for damages may not arise 69 against, any member of a domestic violence fatality review team 70 or any person acting as a witness to, incident reporter to, or 71 investigator for a domestic violence fatality review team for 72 any act or proceeding undertaken or performed within the scope 73 of the functions of the team, unless such person acted in bad 74 faith, with malicious purpose, or in a manner exhibiting wanton 75 and willful disregard of human rights, safety, or property. 76 (b) This subsection does not affect the provisions of s. 77 768.28. 78 (4)(5)All information and records acquired by a domestic 79 violence fatality review team are not subject to discovery or 80 introduction into evidence in any civil, criminal,action or81 administrative, or disciplinary proceeding by any department or 82 employing agency if the information or records arose out of 83 matters that are the subject of evaluation and review by the 84 domestic violence fatality review team. However, information, 85 documents, and records otherwise available from other sources 86 are not immune from discovery or introduction into evidence 87 solely because the information, documents, or records were 88 presented to or reviewed by such a team. A person who has 89 attended a meeting of a domestic violence fatality review team 90 may not testify in any civil, criminal, administrative, or 91 disciplinary proceedings as to any records or information 92 produced or presented to the team during meetings or other 93 activities authorized by this section. This subsection does not 94 preclude any person who testifies before a team or who is a 95 member of a team from testifying as to matters otherwise within 96 his or her knowledge. 97 (5)(6)The domestic violence fatality review teams are 98 assigned to the Department of Children and Family Services for 99 administrative purposes. 100 Section 2. This act shall take effect July 1, 2010.
