Senate Bill hb1039e2
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 1039, Second Engrossed
1 A bill to be entitled
2 An act relating to domestic violence; creating
3 s. 741.316, F.S.; providing for the
4 establishment of domestic violence fatality
5 review teams to review fatal and near-fatal
6 incidents of domestic violence; providing for
7 representation on the domestic violence
8 fatality review teams; requiring each team to
9 collect data; requiring the Department of Law
10 Enforcement to prepare an annual report on
11 domestic violence; requiring the Governor's
12 Task Force on Domestic Violence to assist the
13 teams; providing immunity from liability for
14 certain acts; exempting certain information and
15 records acquired by a domestic violence
16 fatality review team from discovery in civil
17 actions or disciplinary proceedings;
18 prohibiting requiring a person to testify about
19 information presented during meetings or other
20 activities of a team; placing the domestic
21 violence fatality review teams administratively
22 within the Department of Children and Family
23 Services; providing for the capital improvement
24 of such centers; creating a grant program for
25 awarding funds to such centers; providing
26 application requirements; prescribing uses of
27 the funds; providing duties of the Department
28 of Children and Family Services; providing
29 rulemaking authority for the establishment of
30 criteria for the disbursement of funds;
31 providing an effective date.
1
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 1039, Second Engrossed
1 Be It Enacted by the Legislature of the State of Florida:
2
3 Section 1. Section 741.316, Florida Statutes, is
4 created to read:
5 741.316 Domestic violence fatality review teams;
6 definition; membership; duties; report by the Department of
7 Law Enforcement.--
8 (1) As used in this section, the term "domestic
9 violence fatality review team" means an organization that
10 includes, but is not limited to, representatives from the
11 following agencies or organizations:
12 (a) Law enforcement agencies.
13 (b) The state attorney.
14 (c) The medical examiner.
15 (d) Certified domestic violence centers.
16 (e) Child protection service providers.
17 (f) The office of court administration.
18 (g) The clerk of the court.
19 (h) Victim services programs.
20 (i) Child death review teams.
21 (j) Members of the business community.
22 (k) County probation or corrections agencies.
23 (l) Any other persons who have knowledge regarding
24 domestic violence fatalities, nonlethal incidents of domestic
25 violence, or suicide, including research, policy, law, and
26 other matters connected with fatal incidents.
27 (m) Other representatives as determined by the review
28 team.
29 (2) A domestic violence fatality review team may be
30 established at a local, regional, or state level in order to
31 review fatal and near-fatal incidents of domestic violence,
2
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 1039, Second Engrossed
1 related domestic violence matters, and suicides. The review
2 may include a review of events leading up to the domestic
3 violence incident, available community resources, current laws
4 and policies, actions taken by systems and individuals related
5 to the incident and the parties, and any information or action
6 deemed relevant by the team, including a review of public
7 records and records for which public records exemptions are
8 granted. The purpose of the teams is to learn how to prevent
9 domestic violence by intervening early and improving the
10 response of an individual and the system to domestic violence.
11 The structure and activities of a team shall be determined at
12 the local level. The team may determine the number and type of
13 incidents it wishes to review and shall make policy and other
14 recommendations as to how incidents of domestic violence may
15 be prevented.
16 (3) Each local domestic violence fatality review team
17 shall collect data regarding incidents of domestic violence.
18 The data must be collected in a manner that is consistent
19 statewide and in a form determined by the Department of Law
20 Enforcement. Each team may collect such additional data beyond
21 that which is prescribed in the statewide data collection form
22 as will assist in the team's review. The Department of Law
23 Enforcement shall use the data to prepare an annual report
24 concerning domestic violence fatalities. The report must be
25 submitted by July 1 of each year to the Governor, the
26 President of the Senate, the Speaker of the House of
27 Representatives, and the Chief Justice of the Supreme Court.
28 (4) The Governor's Task Force on Domestic Violence
29 shall provide information and technical assistance to local
30 domestic violence fatality review teams.
31
3
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 1039, Second Engrossed
1 (5)(a) There may not be any monetary liability on the
2 part of, and a cause of action for damages may not arise
3 against, any member of a domestic violence fatality review
4 team or any person acting as a witness to, incident reporter
5 to, or investigator for a domestic violence fatality review
6 team for any act or proceeding undertaken or performed within
7 the scope of the functions of the team, unless such person
8 acted in bad faith, with malicious purpose, or in a manner
9 exhibiting wanton and willful disregard of human rights,
10 safety, or property.
11 (b) This subsection does not affect the provisions of
12 s. 768.28.
13 (6) All information and records acquired by a domestic
14 violence fatality review team are not subject to discovery or
15 introduction into evidence in any civil action or disciplinary
16 proceeding by any department or employing agency if the
17 information or records arose out of matters that are the
18 subject of evaluation and review by the domestic violence
19 fatality review team. However, information, documents, and
20 records otherwise available from other sources are not immune
21 from discovery or introduction into evidence solely because
22 the information, documents, or records were presented to or
23 reviewed by such a team. A person who has attended a meeting
24 of a domestic violence fatality review team may not testify in
25 any civil or disciplinary proceedings as to any records or
26 information produced or presented to the team during meetings
27 or other activities authorized by this section. This
28 subsection does not preclude any person who testifies before a
29 team or who is a member of a team from testifying as to
30 matters otherwise within his or her knowledge.
31
4
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 1039, Second Engrossed
1 (7) The domestic violence fatality review teams are
2 assigned to the Department of Children and Family Services for
3 administrative purposes.
4 Section 2. Certified domestic violence centers;
5 capital improvement grant program.--There is established a
6 certified domestic violence center capital improvement grant
7 program.
8 (1) A certified domestic violence center as defined in
9 section 39.905, Florida Statutes, may apply to the Department
10 of Children and Family Services for a capital improvement
11 grant. The grant application must provide information that
12 includes:
13 (a) A statement specifying the capital improvement
14 that the certified domestic violence center proposes to make
15 with the grant funds.
16 (b) The proposed strategy for making the capital
17 improvement.
18 (c) The organizational structure that will carry out
19 the capital improvement.
20 (d) Evidence that the certified domestic violence
21 center has difficulty in obtaining funding or that funds
22 available for the proposed improvement are inadequate.
23 (e) Evidence that the funds will assist in meeting the
24 needs of victims of domestic violence and their children in
25 the certified domestic violence center service area.
26 (f) Evidence of a satisfactory recordkeeping system to
27 account for fund expenditures.
28 (g) Evidence of ability to generate local match.
29 (2) Certified domestic violence centers as defined in
30 section 39.905, Florida Statutes, may receive funding subject
31 to legislative appropriation, upon application to the
5
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 1039, Second Engrossed
1 Department of Children and Family Services, for projects to
2 construct, acquire, repair, improve, or upgrade systems,
3 facilities, or equipment, subject to availability of funds. An
4 award of funds under this section must be made in accordance
5 with a needs assessment developed by the Florida Coalition
6 Against Domestic Violence and the Department of Children and
7 Family Services. The department annually shall perform this
8 needs assessment and shall rank in order of need those centers
9 that are requesting funds for capital improvement.
10 (3) The Department of Children and Family Services
11 shall, in collaboration with the Florida Coalition Against
12 Domestic Violence, establish criteria for awarding the capital
13 improvement funds that must be used exclusively for support
14 and assistance with the capital improvement needs of the
15 certified domestic violence centers, as defined in section
16 39.905, Florida Statutes.
17 (4) The Department of Children and Family Services
18 shall ensure that the funds awarded under this section are
19 used solely for the purposes specified in this section. The
20 department will also ensure that the grant process maintains
21 the confidentiality of the location of the certified domestic
22 violence centers, pursuant to section 39.908, Florida
23 Statutes. The total amount of grant moneys awarded under this
24 section may not exceed the amount appropriated for this
25 program.
26 Section 3. This act shall take effect July 1, 2000.
27
28
29
30
31
6
CODING: Words stricken are deletions; words underlined are additions.