Florida Senate - 2010 SB 1446
By Senator Detert
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.
19 Be It Enacted by the Legislature of the State of Florida:
21 Section 1. Section 741.316, Florida Statutes, is amended to
23 741.316 Domestic violence fatality review teams;
24 definition; membership; duties
; report by the Department of Law
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
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.
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.