July 10, 2020
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       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 Law
   25  Enforcement.—
   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 shall
   65  provide information and technical assistance to local domestic
   66  violence 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 or
   81  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.

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