House Bill 1039c1

    Florida House of Representatives - 2000             CS/HB 1039

        By the Committee on Family Law & Children and
    Representatives Pruitt, Sobel, Sanderson, Suarez and Cosgrove





  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 that domestic violence fatality

  5         review teams may be established at a local,

  6         regional, or state level in order to review

  7         fatal and near fatal incidents of domestic

  8         violence; providing what may be included in the

  9         review; providing for the purpose of domestic

10         violence fatality review teams; requiring

11         review teams to collect data; requiring the

12         Department of Law Enforcement to prepare an

13         annual report on domestic violence; requiring

14         the Governor's Task Force on Domestic Violence

15         to assist review teams; providing that there is

16         immunity from liability for certain acts

17         performed within the scope of a review team;

18         providing an effective date.

19

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

21

22         Section 1.  Section 741.316, Florida Statutes, is

23  created to read:

24         741.316  Domestic violence fatality reviews;

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

26  Law Enforcement.--

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

28  violence fatality review team" means an organization that

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

30  following agencies or organizations:

31           (a)  Law enforcement.

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






    Florida House of Representatives - 2000             CS/HB 1039

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  1           (b)  The state attorney.

  2           (c)  The medical examiner.

  3           (d)  Certified domestic violence centers.

  4           (e)  Child protection services.

  5           (f)  Court administration.

  6           (g)  Clerk of the court.

  7           (h)  Victim services programs.

  8           (i)  Child death review teams.

  9           (j)  The business community.

10           (k)  County probation or corrections officers.

11           (l)  Any other persons who have knowledge regarding

12  domestic violence fatalities, nonlethal incidents of domestic

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

14  other matters connected with fatal incidents.

15         (m)  Other representatives as determined by the review

16  team.

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

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

19  review fatal and near fatal incidents of domestic violence,

20  related domestic violence matters, and suicides.  The review

21  may include: events leading up to the domestic violence

22  incident, available community resources, current laws and

23  policies, actions taken by systems and individuals related to

24  the incident and the parties, and any information or action

25  deemed relevant by the teams, including review of public

26  records and records for which public records exemptions are

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

28  domestic violence by intervening early and improving

29  individual's and systems' responses to domestic violence.  The

30  structure and activities of the team shall be determined on a

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

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






    Florida House of Representatives - 2000             CS/HB 1039

    606-148-00






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

  2  recommendations as to how domestic violence incidents may be

  3  prevented.

  4         (3)  Each local domestic violence fatality review team

  5  shall collect data regarding incidents of domestic violence.

  6  This data must be collected in a manner that is consistent

  7  statewide and is in a form agreed to by the Department of Law

  8  Enforcement.  Each team may collect additional data beyond

  9  that which is prescribed in the statewide data collection form

10  as such information may assist in the team's review.  The

11  Department of Law Enforcement shall use the data submitted to

12  it by the domestic violence fatality review teams to prepare

13  an annual report on domestic violence fatalities.  The report

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

15  President of the Senate, the Speaker of the House of

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

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

18  shall provide information and technical assistance to local

19  domestic violence fatality review teams.

20         (5)(a)  This section confers immunity from liability on

21  any person who is acting as a member of a domestic violence

22  fatality review team, or as a witness, incident reporter to,

23  or investigator for a domestic violence fatality review team,

24  unless that act is undertaken or performed outside of the

25  scope of the domestic violence fatality review team.

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

27  768.28.

28         (6)  The domestic violence fatality review teams are

29  assigned to the Department of Children and Family Services for

30  administrative purposes.

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

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