House Bill 0585

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







    Florida House of Representatives - 1999                 HB 585

        By Representative Henriquez






  1                      A bill to be entitled

  2         An act relating to domestic violence; creating

  3         s. 741.316, F.S.; providing a definition;

  4         providing for the review of fatal and near

  5         fatal domestic violence incidents by a domestic

  6         violence fatality prevention task force and/or

  7         a domestic violence fatality review team;

  8         providing immunity from certain liability;

  9         providing for attorneys' fees and court costs

10         in certain actions; providing an effective

11         date.

12

13  Be It Enacted by the Legislature of the State of Florida:

14

15         Section 1.  Section 741.316, Florida Statutes, is

16  created to read:

17         741.316  Domestic violence fatality reviews;

18  definition; immunity from liability.--

19         (1)  As used in this section, the term "domestic

20  violence fatality prevention task force" or "domestic violence

21  fatality review team" means an organization that includes, but

22  is not limited to:

23         (a)  Community contact points for victims of domestic

24  violence, children, abusers, and others in a community who

25  provide services to and on behalf of families affected by

26  violence;

27         (b)  A medical examiner, or assistant medical examiner;

28  and

29         (c)  Any other persons who have knowledge regarding

30  domestic violence fatalities and non-lethal incidents,

31

                                  1

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






    Florida House of Representatives - 1999                 HB 585

    716-103-99






  1  including research, policy, law, and other matters connected

  2  with fatal incidents.

  3         (2)  A domestic violence fatality prevention task force

  4  and/or a domestic violence fatality review team may review

  5  fatal and near fatal domestic violence incidents to evaluate

  6  both the incidents and ways to prevent such incidents.

  7         (3)(a)  There shall be no monetary liability on the

  8  part of, and no cause of action shall arise against any

  9  person, including any person acting as a witness, incident

10  reporter to, or investigator for, a domestic violence fatality

11  prevention task force and/or a domestic violence fatality

12  review team for any act or proceeding undertaken or performed

13  within the scope of the functions of such task force or team

14  if such action is taken without intentional fraud or malice.

15         (b)  The provisions of this section shall not affect

16  the provisions of s. 768.28.

17         (4)  Except as provided in subsection (3), this section

18  shall not be construed to confer immunity from liability on

19  any person while performing services other than as a member of

20  a domestic violence fatality prevention task force and/or a

21  domestic violence fatality review team, or upon any person

22  acting as a witness, incident reporter to, or investigator for

23  a domestic violence fatality prevention task force and/or a

24  domestic violence fatality review team for any act or

25  proceeding undertaken or performed outside of the scope of the

26  functions of such organization.

27         (5)  Information, documents, or records provided to the

28  domestic violence fatality prevention task force and/or the

29  domestic violence fatality review team from sources external

30  to the task force or team are not immune from discovery or use

31  in any civil action or disciplinary proceeding merely because

                                  2

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






    Florida House of Representatives - 1999                 HB 585

    716-103-99






  1  the information, documents, or records were presented during

  2  proceedings of the task force or team nor should any person

  3  who testifies before such a task force or team who is a member

  4  of such organization be prevented from testifying as to

  5  matters within the person's knowledge, but, such witness shall

  6  not be asked about his or her testimony before a domestic

  7  violence fatality prevention task force and/or a domestic

  8  violence fatality review team or information obtained from or

  9  opinions formed by him or her as a result of participating in

10  activities conducted by the task force or team.

11         (6)  If the defendant prevails in an action brought by

12  anyone against any person who initiated, participated in, was

13  a witness in, or conducted any review as authorized by this

14  section, the court shall award reasonable attorneys' fees and

15  costs to the defendant.

16         Section 2.  This act shall take effect July 1, 1999.

17

18            *****************************************

19                          HOUSE SUMMARY

20
    Authorizes a domestic violence fatality prevention task force
21  and/or a domestic violence fatality review team as defined in
    the act to review fatal and near fatal domestic violence
22  incidents and ways to prevent such incidents.  Limits
    liability for persons who act as a witness, incident reporter
23  to, or investigator for such task force or team for any act or
    proceeding undertaken or performed within the scope of the
24  functions of such task force or team, if such action was taken
    without fraud or malice.  See bill for details.
25

26

27

28

29

30

31

                                  3