Fatality Review Teams
Florida is one of few states to have both a Statewide Fatality Review team and local teams that review domestic violence fatalities occurring in their communities. Operating from a “no blame, no shame” philosophy, all teams function in accordance with statutory mandates to maintain confidentiality of the identity of a victim of domestic violence or the identity of the children of the victim and uphold public records exemptions when reviewing fatality related information.
Fatality review teams are governed by Chapter 741, Florida Statutes. The statutes define a domestic violence fatality review team and provide guidance on membership and the types of cases reviewed by the teams.
741.316 Domestic violence fatality review teams; definition; membership; duties.—
(1) As used in this section, the term “domestic violence fatality review team” means an organization that includes, but is not limited to, representatives from the following agencies or organizations:
(a) Law enforcement agencies.
(b) The state attorney.
(c) The medical examiner.
(d) Certified domestic violence centers.
(e) Child protection service providers.
(f) The office of court administration.
(g) The clerk of the court.
(h) Victim services programs.
(i) Child death review teams.
(j) Members of the business community.
(k) County probation or corrections agencies.
(l) Any other persons who have knowledge regarding domestic violence fatalities, nonlethal incidents of domestic violence, or suicide, including research, policy, law, and other matters connected with fatal incidents.
(m) Other representatives as determined by the review team.
(2) A domestic violence fatality review team may be established at a local, regional, or state level in order to review fatal and near-fatal incidents of domestic violence, related domestic violence matters, and suicides. The review may include a review of events leading up to the domestic violence incident, available community resources, current laws and policies, actions taken by systems and individuals related to the incident and the parties, and any information or action deemed relevant by the team, including a review of public records and records for which public records exemptions are granted. The purpose of the teams is to learn how to prevent domestic violence by intervening early and improving the response of an individual and the system to domestic violence. The structure and activities of a team shall be determined at the local level. The team may determine the number and type of incidents it wishes to review and shall make policy and other recommendations as to how incidents of domestic violence may be prevented.
(3)(a) There may not be any monetary liability on the part of, and a cause of action for damages may not arise against, any member of a domestic violence fatality review team or any person acting as a witness to, incident reporter to, or investigator for a domestic violence fatality review team for any act or proceeding undertaken or performed within the scope of the functions of the team, unless such person acted in bad faith, with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety, or property.
(b) This subsection does not affect the provisions of s. 768.28.
(4) All information and records acquired by a domestic violence fatality review team are not subject to discovery or introduction into evidence in any civil or criminal action or administrative or disciplinary proceeding by any department or employing agency if the information or records arose out of matters that are the subject of evaluation and review by the domestic violence fatality review team. However, information, documents, and records otherwise available from other sources are not immune from discovery or introduction into evidence solely because the information, documents, or records were presented to or reviewed by such a team. A person who has attended a meeting of a domestic violence fatality review team may not testify in any civil, criminal, administrative, or disciplinary proceedings as to any records or information produced or presented to the team during meetings or other activities authorized by this section. This subsection does not preclude any person who testifies before a team or who is a member of a team from testifying as to matters otherwise within his or her knowledge.
(5) The domestic violence fatality review teams are assigned to the Florida Coalition Against Domestic Violence for administrative purposes.
History.—s. 1, ch. 2000-220; s. 2, ch. 2008-112; s. 1, ch. 2010-36; s. 11, ch. 2012-1
741.3165 Certain information exempt from disclosure.
- (1)(a) Any information that is confidential or exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution and that is obtained by a domestic violence fatality review team conducting activities as described in s. 741.316 shall retain its confidential or exempt status when held by a domestic violence fatality review team.
- (b) Any information contained in a record created by a domestic violence fatality review team pursuant to s. 741.316 that reveals the identity of a victim of domestic violence or the identity of the children of the victim is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
- (2) Portions of meetings of any domestic violence fatality review team regarding domestic violence fatalities and their prevention, during which confidential or exempt information, the identity of the victim, or the identity of the children of the victim is discussed, are exempt from s. 286.011 and s. 24(b), Art. I of the State Constitution.
- History.—s. 1, ch. 2000-219; s. 1, ch. 2005-212; s. 160, ch. 2008-4; s. 1, ch. 2010-43.
Fatality Review Resources
Domestic Violence Fatality Review: A Guide for Florida’s Domestic Violence Fatality Review Teams
The purpose of this guide is to provide domestic violence fatality review teams with basic information on conducting a domestic violence fatality review.
Domestic Violence Fatality Review Guide
National Resources
National Domestic Violence Fatality Review Initiative (NDVFRI)
www.ndvfri.org
National Online Resource Center on Violence Against Women
http://www.vawnet.org/special-collections/DVHomicide.php#100
National Institute of Justice Journal Issue No. 250, November 2003: Intimate Partner Homicide
Washington State Coalition Against Domestic Violence
https://wscadv.org/resources/washington-state-fatality-review-reports/
New York State Domestic Violence Fatality Review Initiative
https://opdv.ny.gov/initiatives#fatality-review---technical-assistance
Pennsylvania Coalition Against Domestic Violence
http://www.pcadv.org/Learn-More/Domestic-Violence-Topics/Fatalities/
Montana Domestic Violence Fatality Review Commission
https://dojmt.gov/victims/domestic-violence-fatality-review-commission/
Virginia Department of Health- Domestic Violence Fatality Review
http://www.vdh.virginia.gov/medexam/violence.htm
Georgia Coalition Against Domestic Violence Fatality Review
http://gcadv.org/what-we-do/fatality-review/