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





                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1039

    Amendment No. 01 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW

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10                                                                

11  The Committee on Law Enforcement & Crime Prevention offered

12  the following:

13

14         Amendment (with title amendment) 

15  Remove from the bill:  Everything after the enacting clause

16

17  and insert in lieu thereof:

18         Section 1.  Section 741.316, Florida Statutes, is

19  created to read:

20         741.316  Domestic violence fatality review teams;

21  definition; membership; duties; report by the Department of

22  Law Enforcement.--

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

24  violence fatality review team" means an organization that

25  includes, but is not limited to, representatives from the

26  following agencies or organizations:

27         (a)  Law enforcement agencies.

28         (b)  The state attorney.

29         (c)  The medical examiner.

30         (d)  Certified domestic violence centers.

31         (e)  Child protection service providers.

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    File original & 9 copies    04/11/00
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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1039

    Amendment No. 01 (for drafter's use only)





 1         (f)  The office of court administration.

 2         (g)  The clerk of the court.

 3         (h)  Victim services programs.

 4         (i)  Child death review teams.

 5         (j)  Members of the business community.

 6         (k)  County probation or corrections agencies.

 7         (l)  Any other persons who have knowledge regarding

 8  domestic violence fatalities, nonlethal incidents of domestic

 9  violence, or suicide, including research, policy, law, and

10  other matters connected with fatal incidents.

11         (m)  Other representatives as determined by the review

12  team.

13         (2)  A domestic violence fatality review team may be

14  established at a local, regional, or state level in order to

15  review fatal and near-fatal incidents of domestic violence,

16  related domestic violence matters, and suicides. The review

17  may include a review of events leading up to the domestic

18  violence incident, available community resources, current laws

19  and policies, actions taken by systems and individuals related

20  to the incident and the parties, and any information or action

21  deemed relevant by the team, including a review of public

22  records and records for which public records exemptions are

23  granted. The purpose of the teams is to learn how to prevent

24  domestic violence by intervening early and improving the

25  response of an individual and the system to domestic violence.

26  The structure and activities of a team shall be determined at

27  the local level. The team may determine the number and type of

28  incidents it wishes to review and shall make policy and other

29  recommendations as to how incidents of domestic violence may

30  be prevented.

31         (3)  Each local domestic violence fatality review team

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1039

    Amendment No. 01 (for drafter's use only)





 1  shall collect data regarding incidents of domestic violence.

 2  The data must be collected in a manner that is consistent

 3  statewide and in a form determined by the Department of Law

 4  Enforcement. Each team may collect such additional data beyond

 5  that which is prescribed in the statewide data collection form

 6  as will assist in the team's review. The Department of Law

 7  Enforcement shall use the data to prepare an annual report

 8  concerning domestic violence fatalities. The report must be

 9  submitted by July 1 of each year to the Governor, the

10  President of the Senate, the Speaker of the House of

11  Representatives, and the Chief Justice of the Supreme Court.

12         (4)  The Governor's Task Force on Domestic Violence

13  shall provide information and technical assistance to local

14  domestic violence fatality review teams.

15         (5)(a)  There may not be any monetary liability on the

16  part of, and a cause of action for damages may not arise

17  against, any member of a domestic violence fatality review

18  team or any person acting as a witness to, incident reporter

19  to, or investigator for a domestic violence fatality review

20  team for any act or proceeding undertaken or performed within

21  the scope of the functions of the team, unless such person

22  acted in bad faith, with malicious purpose, or in a manner

23  exhibiting wanton and willful disregard of human rights,

24  safety, or property.

25         (b)  This subsection does not affect the provisions of

26  s. 768.28.

27         (6)  All information and records acquired by a domestic

28  violence fatality review team are not subject to discovery or

29  introduction into evidence in any civil action or disciplinary

30  proceeding by any department or employing agency if the

31  information or records arose out of matters that are the

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    File original & 9 copies    04/11/00
    hle0001                     11:10 am         01039-lecp-604533




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1039

    Amendment No. 01 (for drafter's use only)





 1  subject of evaluation and review by the domestic violence

 2  fatality review team. However, information, documents, and

 3  records otherwise available from other sources are not immune

 4  from discovery or introduction into evidence solely because

 5  the information, documents, or records were presented to or

 6  reviewed by such a team. A person who has attended a meeting

 7  of a domestic violence fatality review team may not testify in

 8  any civil or disciplinary proceedings as to any records or

 9  information produced or presented to the team during meetings

10  or other activities authorized by this section. This

11  subsection does not preclude any person who testifies before a

12  team or who is a member of a team from testifying as to

13  matters otherwise within his or her knowledge.

14         (7)  The domestic violence fatality review teams are

15  assigned to the Department of Children and Family Services for

16  administrative purposes.

17         Section 2.  This act shall take effect July 1, 2000.

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19

20  ================ T I T L E   A M E N D M E N T ===============

21  And the title is amended as follows:

22         On page 1, lines 2 through 18

23  remove from the entire title of the bill:

24

25  and insert in lieu thereof:

26                  A bill to be entitled

27         An act relating to domestic violence; creating

28         s. 741.316, F.S.; providing for the

29         establishment of domestic violence fatality

30         review teams to review fatal and near-fatal

31         incidents of domestic violence; providing for

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    File original & 9 copies    04/11/00
    hle0001                     11:10 am         01039-lecp-604533




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1039

    Amendment No. 01 (for drafter's use only)





 1         representation on the domestic violence

 2         fatality review teams; requiring each team to

 3         collect data; requiring the Department of Law

 4         Enforcement to prepare an annual report on

 5         domestic violence; requiring the Governor's

 6         Task Force on Domestic Violence to assist the

 7         teams; providing immunity from liability for

 8         certain acts; exempting certain information and

 9         records acquired by a domestic violence

10         fatality review team from discovery in civil

11         actions or disciplinary proceedings;

12         prohibiting requiring a person to testify about

13         information presented during meetings or other

14         activities of a team; placing the domestic

15         violence fatality review teams administratively

16         within the Department of Children and Family

17         Services; providing an effective date.

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    File original & 9 copies    04/11/00
    hle0001                     11:10 am         01039-lecp-604533