Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. SB 1540
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/05/2023           .                                
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       The Committee on Children, Families, and Elder Affairs (Garcia)
       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 34 - 191
    4  and insert:
    5  fatality review team may be established at a local, regional, or
    6  state level in his or her judicial circuit to review incidents
    7  of abuse, exploitation, or neglect of elderly persons and
    8  vulnerable adults that are believed to have caused or
    9  contributed to a fatal or near-fatal incident deaths of elderly
   10  persons caused by, or related to, abuse or neglect.
   11         (b)1. An elder or vulnerable adult abuse fatality review
   12  team may be initiated by any of the following persons or
   13  entities:
   14         a. A state attorney, or his or her designee.
   15         b. A law enforcement agency.
   16         c. The Department of Children and Families.
   17         d. The Office of the Attorney General.
   18         e. The Agency for Persons with Disabilities.
   19         2. The person or entity who initiates a review team under
   20  this paragraph must specify the geographic area in which the
   21  team shall serve.
   22         (c) The purpose of a review team is to learn how to prevent
   23  elder and vulnerable adult abuse and abuse-related deaths by
   24  intervening early and improving the system response to elder and
   25  vulnerable adult abuse, exploitation, or neglect.
   26         (2) For purposes of this section and s. 415.1104, the term
   27  vulnerable adult includes a disabled adult and elderly person
   28  as those terms are defined in s. 825.101(3) and (4),
   29  respectively.
   30         (3)(a)A An elder abuse fatality review team must may
   31  include a representative from the person or entity initiating
   32  the team, who must be an active participant on the team.
   33         (b) A review team may include, but is not limited to,
   34  representatives from any of the persons or entities that may
   35  initiate a team under paragraph (1)(b) and any of the following
   36  persons or entities or persons located in the review team's
   37  judicial circuit:
   38         1. Law enforcement agencies.
   39         2. The state attorney.
   40         1.3. The medical examiner.
   41         2.4. A county court judge.
   42         5. Adult protective services.
   43         3.6. The area agency on aging.
   44         4.7. The State Long-Term Care Ombudsman Program.
   45         5.8. The Agency for Health Care Administration.
   46         9. The Office of the Attorney General.
   47         6.10. The Office of the State Courts Administrator.
   48         7.11. The clerk of the court.
   49         8.12. A victim services program.
   50         9.13. An elder law or disability rights attorney.
   51         10.14. Emergency services personnel.
   52         11.15. A certified domestic violence center.
   53         12.16. An advocacy organization for victims of sexual
   54  violence.
   55         13.17. A funeral home director.
   56         14.18. A forensic pathologist.
   57         15.19. A geriatrician.
   58         16.20. A geriatric nurse.
   59         17.21. A geriatric psychiatrist or other individual
   60  licensed to offer behavioral health services.
   61         18.22. A hospital discharge planner.
   62         19.23. A public guardian.
   63         20.24. Any other persons who are identified and invited by
   64  the team, and who have knowledge regarding fatal or near-fatal
   65  incidents of elder abuse, vulnerable adult abuse, domestic
   66  violence, or sexual violence, or suicide, including knowledge of
   67  research, policy, law, and other matters connected with such
   68  incidents involving vulnerable adults or elderly persons elders,
   69  or who are recommended for inclusion by the review team.
   70         (4)(a)(c) Participation in a review team is voluntary.
   71  Members of a review team shall serve without compensation and
   72  may not be reimbursed for per diem or travel expenses. Members
   73  shall serve for terms of 2 years, to be staggered as determined
   74  by the co-chairs.
   75         (d) The state attorney may call the first organizational
   76  meeting of the team. At the initial meeting, members of a review
   77  team shall choose two members to serve as co-chairs. Chairs may
   78  be reelected by a majority vote of a review team for not more
   79  than two consecutive terms. At the initial meeting, members of a
   80  review team shall establish a schedule for future meetings. Each
   81  review team shall meet at least once each fiscal year.
   82         (e) Each review team shall determine its local operations,
   83  including, but not limited to, the process for case selection.
   84  The state attorney shall refer cases to be reviewed by each
   85  team. Reviews must be limited to closed cases in which an
   86  elderly person’s death was caused by, or related to, abuse or
   87  neglect. All identifying information concerning the elderly
   88  person must be redacted by the state attorney in documents
   89  received for review. As used in this paragraph, the term “closed
   90  case” means a case that does not involve information considered
   91  active as defined in s. 119.011(3)(d).
   92         (b) Except as provided in subparagraph (1)(b)2., a review
   93  team may determine its structure, local operations, and
   94  activities, including the number and type of incidents it
   95  chooses to review.
   96         (c) Administrative costs of operating the review team must
   97  be borne by the team members or entities they represent.
   98         (d) Each member of a review team must sign a
   99  confidentiality agreement acknowledging the requirement to
  100  protect confidential and exempt oral or written communications,
  101  information, or records produced or acquired by the review team
  102  from unauthorized disclosure. A review team member who knowingly
  103  and willfully discloses confidential and exempt oral or written
  104  communications, information, or records produced or acquired by
  105  the review team commits a misdemeanor of the second degree,
  106  punishable as provided in s. 775.082 or s. 775.083. The
  107  confidentiality agreement must reference such penalties.
  108         (5)(2)A An elder abuse fatality review team in existence
  109  on July 1, 2023 July 1, 2020, may continue to exist and must
  110  comply with the requirements of this section.
  111         (6)(3)A An elder abuse fatality review team must shall do
  112  all of the following:
  113         (a) Review incidents deaths of abuse, exploitation, or
  114  neglect of elderly persons and vulnerable adults in the team's
  115  jurisdiction in its judicial circuit which that are believed
  116  found to have been caused or contributed to a fatal or near
  117  fatal incident by, or related to, abuse or neglect.
  118         (b) Take into consideration the events leading up to a
  119  fatal or near-fatal incident, available community resources,
  120  current law and policies, and the actions taken by systems or
  121  individuals related to the fatal or near-fatal incident, and any
  122  information considered relevant by the team, including a review
  123  of public records and records for which a public records
  124  exemption is granted.
  125         (c) Identify potential gaps, deficiencies, or problems in
  126  the delivery of services to elderly persons or vulnerable adults
  127  by public and private agencies which may be related to incidents
  128  deaths reviewed by the team.
  129         (d) Whenever possible, develop communitywide approaches to
  130  address the causes of, and contributing factors to, incidents
  131  deaths reviewed by the team.
  132         (e) Develop recommendations and potential changes in law,
  133  rules, and policies to support the care of elderly persons and
  134  vulnerable adults and to prevent abuse-related incidents elder
  135  abuse deaths.
  136         (7)(a)(4)(a) A review team may share with other review
  137  teams in this state any relevant information that pertains to
  138  incidents identified or reviewed by the team the review of the
  139  death of an elderly person.
  140         (b)1. A review team member may not contact, interview, or
  141  obtain information by request directly from a member of the
  142  elder or vulnerable adult's deceased elder's family as part of
  143  the review unless:
  144         a. A team member is authorized to do so in the course of
  145  his or her employment duties; or
  146         b. Such contact, interview, or request is necessary for the
  147  review team to complete its review and determine findings and
  148  such information is not obtainable through any other means.
  149         2. A member of the elder or vulnerable adult's deceased
  150  elder's family may voluntarily provide information or any record
  151  to a review team but must be informed that such information or
  152  any record is subject to public disclosure unless a public
  153  records exemption applies.
  154         (8)(a)(5)(a) Annually by September 1, each elder abuse
  155  fatality review team shall submit a summary report to the
  156  Department of Elderly Affairs which includes, but is not limited
  157  to:
  158         1. Descriptive statistics regarding cases reviewed by the
  159  team, including demographic information on victims and the
  160  causes and nature of their fatal or near-fatal incidents of
  161  abuse, exploitation, or neglect.deaths;
  162         2. Current policies, procedures, rules, or statutes the
  163  review team has identified as contributing to the incidence of
  164  elder or vulnerable adult abuse and abuse-related elder deaths,
  165  and recommendations for system improvements and needed
  166  resources, training, or information dissemination to address
  167  such identified issues.; and
  168         3. Any other recommendations to prevent fatal or near-fatal
  169  incidents deaths from elder abuse, exploitation, or neglect,
  170  based on an analysis of the data and information presented in
  171  the report.
  172         (b) Annually by November 1, the Department of Elderly
  173  Affairs shall prepare a summary report of the review team
  174  information submitted under paragraph (a). The department shall
  175  submit its summary report to the Governor, the President of the
  176  Senate, the Speaker of the House of Representatives, and the
  177  Department of Children and Families.
  178         (9)(a)(6) There is no monetary liability on the part of,
  179  and a cause of action for damages may not arise against, any
  180  member of a an elder abuse fatality review team, or any person
  181  acting as a witness to, incident reporter to, or investigator
  182  for a review team, for any act or proceeding taken or performed
  183  within the scope and functions of the team, due to the
  184  performance of his or her duties as a review team member in
  185  regard to any discussions by, or deliberations or
  186  recommendations of, the team or the member unless such person
  187  member acted in bad faith, with wanton and willful disregard of
  188  human rights, safety, or property.
  189         (b) This subsection does not affect the requirements of s.
  190  768.28.
  191         (10)(a) Oral or written communications, information, and
  192  records produced or acquired by the review team and are not
  193  subject to disclosure, discovery, or introduction into evidence
  194  in any civil, criminal, administrative, or disciplinary
  195  proceeding, if the communications, information, or records arose
  196  out of matters that are the subject of an
  197  ================= T I T L E  A M E N D M E N T ================
  198  And the title is amended as follows:
  199         Delete lines 4 - 22
  200  and insert:
  201         F.S.; authorizing the establishment of elder and
  202         vulnerable adult abuse fatality review teams in
  203         certain areas and for certain purposes; authorizing
  204         certain persons and entities to initiate a review
  205         team; revising the definition of the term “vulnerable
  206         adult”; requiring certain representatives to be active
  207         participants on a review team; revising review team
  208         membership; removing provisions relating to state
  209         attorney requirements; authorizing a review team to
  210         determine the number and types of incidents to review;
  211         requiring members of a review team to sign a
  212         confidentiality agreement; creating a criminal
  213         penalty; requiring confidentiality agreements to
  214         reference certain criminal penalties; authorizing
  215         continuance for review teams in existence on a certain
  216         date; revising review team requirements to conform to
  217         changes made by the act; modifying a prohibition from
  218         contacting, interviewing, or obtaining information
  219         from the family of a victim; providing specified
  220         exceptions to such prohibition; expanding immunity
  221         from monetary liability to certain persons; providing
  222         construction; providing that oral and written
  223         communications, information, and records acquired by a
  224         review team are not subject to discovery or
  225         introduction into evidence in certain proceedings
  226         under certain circumstances; specifying that
  227         provisions of law relating to a waiver of sovereign
  228         immunity still apply; providing that a person who
  229         attends a meeting or other authorized activities of a
  230         review team may not testify in