House Bill 1039

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







    Florida House of Representatives - 2000                HB 1039

        By Representative Pruitt






  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 a domestic violence fatality

  5         prevention task force or a domestic violence

  6         fatality review team to review fatal or near

  7         fatal incidents of domestic violence; providing

  8         for membership of a domestic violence fatality

  9         review team; requiring review teams to collect

10         data; requiring the Department of Law

11         Enforcement to prepare an annual report on

12         domestic violence; requiring the Governor's

13         Task Force on Domestic Violence to assist

14         review teams; providing that there is no

15         immunity from liability for certain acts;

16         providing an effective date.

17

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

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20         Section 1.  Section 741.316, Florida Statutes, is

21  created to read:

22         741.316  Domestic violence fatality reviews;

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

24  Law Enforcement.--

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

26  violence fatality prevention task force" or "domestic violence

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

28  is not limited to:

29         (a)  Community contact points for victims of domestic

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

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    Florida House of Representatives - 2000                HB 1039

    286-230-00






  1  provide services to and on behalf of families affected by

  2  violence;

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

  4  or

  5         (c)  Any other persons who have knowledge regarding

  6  domestic violence fatalities, nonlethal incidents of domestic

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

  8  other matters connected with fatal incidents.

  9         (2)  A local domestic violence fatality review team

10  should include representatives from the following agencies and

11  organizations:

12         1.  Law enforcement agencies.

13         2.  The state attorney.

14         3.  The medical examiner.

15         4.  A certified domestic violence center.

16         5.  Child protection teams of the Department of

17  Children and Family Services.

18         6.  The office of court administration.

19         7.  The clerk of the court.

20         8.  Victim services programs.

21         9.  Citizens within the community.

22         10.  Other representatives as determined by the review

23  team.

24         (3)  A domestic violence fatality prevention task force

25  or a domestic violence fatality review team may review fatal

26  and near fatal incidents of domestic violence to evaluate both

27  the incidents and ways to prevent such incidents.

28         (4)  Each local domestic violence fatality review team

29  shall collect data regarding incidents of domestic violence

30  and collect this data in a manner that is consistent statewide

31  and in a form determined by the Department of Law Enforcement.

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    Florida House of Representatives - 2000                HB 1039

    286-230-00






  1  The Department of Law Enforcement shall use such data to

  2  prepare an annual report on domestic violence. The report

  3  shall be submitted by July 1 of each year to the Governor, the

  4  President of the Senate, the Speaker of the House of

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

  6         (5)  The Governor's Task Force on Domestic Violence

  7  shall provide information and technical assistance to local

  8  fatality review teams.

  9         (6)(a)  This section does not confer immunity from

10  liability on any person while performing services other than

11  as a member of a domestic violence fatality prevention task

12  force or a domestic violence fatality review team, or upon any

13  person acting as a witness, incident reporter to, or

14  investigator for a domestic violence fatality prevention task

15  force or a domestic violence fatality review team for any act

16  or proceeding undertaken or performed outside of the scope of

17  the functions of such organization.

18         (b)  This section shall not affect the provisions of s.

19  768.28.

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

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22            *****************************************

23                          SENATE SUMMARY

24    Provides for a domestic violence fatality prevention task
      force or a domestic violence fatality review team to
25    review fatal and near fatal incidents of domestic
      violence and evaluate ways to prevent such incidents.
26    Provides for the review teams to collect data. Requires
      the Department of Law Enforcement to annually report on
27    domestic violence. (See bill for details.)

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