Florida Senate - 2023                                    SB 1540
       
       
        
       By Senator Garcia
       
       
       
       
       
       36-00756A-23                                          20231540__
    1                        A bill to be entitled                      
    2         An act relating to elder abuse and vulnerable adult
    3         abuse fatality review teams; amending s. 415.1103,
    4         F.S.; revising provisions related to elder abuse
    5         fatality review teams; revising the scope of such
    6         review teams to include review of fatal and near-fatal
    7         incidents of abuse, exploitation, or neglect of
    8         vulnerable adults in addition to elderly persons;
    9         revising the permissible jurisdictions of such review
   10         teams; providing purposes of the review teams;
   11         revising membership, meetings, and duties of the
   12         review teams; authorizing elder abuse fatality review
   13         teams existing on a specified date to continue to do
   14         so and requiring them to comply with specified
   15         provisions; revising annual reporting requirements;
   16         providing that certain persons have immunity from
   17         monetary liability; providing an exception and
   18         construction; providing that certain information and
   19         records acquired by a review team are not subject to
   20         discovery or introduction into evidence in civil and
   21         criminal proceedings; providing an exception;
   22         providing that certain persons may not testify in
   23         certain proceedings; providing exceptions and
   24         construction; providing an effective date.
   25          
   26  Be It Enacted by the Legislature of the State of Florida:
   27  
   28         Section 1. Section 415.1103, Florida Statutes, is amended
   29  to read:
   30         415.1103 Elder abuse and vulnerable adult abuse fatality
   31  review teams.—
   32         (1)(a) An elder abuse or a vulnerable adult A state
   33  attorney, or his or her designee, may initiate an elder abuse
   34  fatality review team may be established at a local or regional
   35  level or at the state level in his or her judicial circuit to
   36  review fatal and near-fatal incidents of deaths of elderly
   37  persons caused by, or related to, abuse, exploitation, or
   38  neglect of elderly persons and vulnerable adults.
   39         (b) The purpose of the review teams is to learn how to
   40  prevent abuse and abuse-related deaths of elderly persons and
   41  otherwise vulnerable adults and to improve the system response
   42  to instances of such abuse, exploitation, or neglect.
   43         (2)(a) An elder abuse or a vulnerable adult abuse fatality
   44  review team may include, but need is not be limited to,
   45  representatives from any of the following entities or to the
   46  following persons, as applicable located in the review team’s
   47  judicial circuit:
   48         1. Law enforcement agencies.
   49         2. The state attorney.
   50         3. The medical examiner.
   51         4. A county court judge.
   52         5. Adult protective services.
   53         6. The area agency on aging.
   54         7. The State Long-Term Care Ombudsman Program.
   55         8. The Agency for Health Care Administration.
   56         9. The Agency for Persons with Disabilities.
   57         10. The Office of the Attorney General.
   58         11.10. The Office of the State Courts Administrator.
   59         12.11. The clerk of the court.
   60         13.12. A victim services program.
   61         14.13. An elder law attorney.
   62         15.14. Emergency services personnel.
   63         16.15. A certified domestic violence center.
   64         17.16. An advocacy organization for victims of sexual
   65  violence.
   66         18.17. A funeral home director.
   67         19.18. A forensic pathologist.
   68         20.19. A geriatrician.
   69         21.20. A geriatric nurse.
   70         22.21. A geriatric psychiatrist or other individual
   71  licensed to offer behavioral health services.
   72         23.22. A hospital discharge planner.
   73         24.23. A public guardian.
   74         25.24. Any other persons who have knowledge regarding fatal
   75  or near-fatal incidents of elder abuse, vulnerable adult abuse,
   76  domestic violence, or sexual violence, or suicide, including
   77  knowledge of research, policy, law, and other matters connected
   78  with such incidents involving elderly persons and vulnerable
   79  adults elders, or who are recommended for inclusion by the
   80  review team.
   81         (b)(c) Participation in a review team is voluntary. Members
   82  of a review team shall serve without compensation and may not be
   83  reimbursed for per diem or travel expenses.
   84         (c)Except as required under subsection (4), the structure
   85  and activities of a review team, including the number and type
   86  of incidents it chooses to review, are determined by the members
   87  of the review team. Members shall serve for terms of 2 years, to
   88  be staggered as determined by the co-chairs.
   89         (d) The state attorney may call the first organizational
   90  meeting of the team. At the initial meeting, members of a review
   91  team shall choose two members to serve as co-chairs. Chairs may
   92  be reelected by a majority vote of a review team for not more
   93  than two consecutive terms. At the initial meeting, members of a
   94  review team shall establish a schedule for future meetings. Each
   95  review team shall meet at least once each fiscal year.
   96         (e) Each review team shall determine its local operations,
   97  including, but not limited to, the process for case selection.
   98  The state attorney shall refer cases to be reviewed by each
   99  team. Reviews must be limited to closed cases in which an
  100  elderly person’s death was caused by, or related to, abuse or
  101  neglect. All identifying information concerning the elderly
  102  person must be redacted by the state attorney in documents
  103  received for review. As used in this paragraph, the term “closed
  104  case” means a case that does not involve information considered
  105  active as defined in s. 119.011(3)(d).
  106         (d)(f) Administrative costs of operating the review team
  107  must be borne by the team members or entities they represent.
  108         (3)(2) An elder abuse fatality review team in existence on
  109  July 1, 2023 2020, may continue to exist and must comply with
  110  the requirements of this section.
  111         (4)(3) An elder abuse or a vulnerable adult abuse fatality
  112  review team shall do all of the following:
  113         (a) Review fatal and near-fatal incidents involving deaths
  114  of elderly persons or otherwise vulnerable adults in the team’s
  115  jurisdiction in its judicial circuit which are found to have
  116  been caused by, or related to, abuse, exploitation, or neglect.
  117         (b) Take into consideration the events leading up to a
  118  fatal or near-fatal incident, available community resources,
  119  current law and policies, and the actions taken by systems or
  120  individuals related to the fatal or near-fatal incident, and any
  121  information deemed relevant by the review team, including a
  122  review of public records and records for which a public records
  123  exemption is granted, if available to the review team.
  124         (c) Identify potential gaps, deficiencies, or problems in
  125  the delivery of services to elderly persons or otherwise
  126  vulnerable adults by public and private agencies which may be
  127  related to incidents deaths reviewed by the team.
  128         (d) Whenever possible, develop communitywide approaches to
  129  address the causes of, and contributing factors to, incidents
  130  deaths reviewed by the team.
  131         (e) Develop recommendations and potential changes in law,
  132  rules, and policies to support the care of elderly persons and
  133  otherwise vulnerable adults and to prevent abuse-related
  134  incidents elder abuse deaths.
  135         (5)(4)(a)An elder abuse or a vulnerable adult abuse
  136  fatality A review team may share with other review teams in this
  137  state any relevant information that pertains to incidents
  138  identified or reviewed by the team the review of the death of an
  139  elderly person.
  140         (b) A review team member may not contact, interview, or
  141  obtain information by request directly from a member of the
  142  deceased elder’s family as part of the review unless a team
  143  member is authorized to do so in the course of his or her
  144  employment duties. A member of the deceased elder’s family may
  145  voluntarily provide information or any record to a review team
  146  but must be informed that such information or any record is
  147  subject to public disclosure unless a public records exemption
  148  applies.
  149         (6)(a)(5)(a) Annually by September 1, each elder abuse or
  150  vulnerable adult abuse fatality review team shall submit a
  151  summary report to the Department of Elderly Affairs which
  152  includes, but is not limited to, all of the following:
  153         1. Descriptive statistics regarding cases reviewed by the
  154  team, including demographic information on victims and the
  155  causes and nature of their fatal or near-fatal incidents of
  156  abuse, exploitation, or neglect. deaths;
  157         2. Current policies, procedures, rules, or statutes the
  158  review team has identified as contributing to the incidence of
  159  elder abuse and elder deaths of elderly persons or otherwise
  160  vulnerable adults, and recommendations for system improvements
  161  and needed resources, training, or information dissemination to
  162  address such identified issues.; and
  163         3. Any other recommendations to prevent fatal or near-fatal
  164  incidents deaths from elder abuse, exploitation, or neglect,
  165  based on an analysis of the data and information presented in
  166  the report.
  167         (b) Annually by November 1, the Department of Elderly
  168  Affairs shall prepare a summary report of the review team
  169  information submitted under paragraph (a). The department shall
  170  submit its summary report to the Governor, the President of the
  171  Senate, the Speaker of the House of Representatives, and the
  172  Department of Children and Families.
  173         (7)(a)(6) There is no monetary liability on the part of,
  174  and a cause of action for damages may not arise against, any
  175  member of an elder abuse or a vulnerable adult abuse fatality
  176  review team or any person who serves as a witness for, reports
  177  an incident to, or conducts an investigation for a review team,
  178  for any act or proceeding taken or performed within the scope
  179  and functions of the team due to the performance of his or her
  180  duties as a review team member in regard to any discussions by,
  181  or deliberations or recommendations of, the team or the member
  182  unless such person member acted in bad faith, with wanton and
  183  willful disregard of human rights, safety, or property.
  184         (b)This subsection does not affect or supersede the
  185  requirements of s. 768.28.
  186         (8)(a)All information and records acquired by an elder
  187  abuse or a vulnerable adult abuse fatality review team are not
  188  subject to discovery or introduction into evidence in any civil
  189  or criminal action or administrative or disciplinary proceeding
  190  by any department or employing agency if the information or
  191  records arose out of matters that are the subject of an
  192  evaluation and review by the review team. However, information,
  193  documents, and records otherwise available from other sources
  194  are not immune from discovery or introduction into evidence
  195  solely because the information, documents, or records were
  196  presented to or reviewed by a review team.
  197         (b)A person who attends a meeting or other authorized
  198  activity of a review team may not testify in any civil,
  199  criminal, administrative, or disciplinary proceedings as to any
  200  records or information produced or presented to the review team
  201  during its meetings or other activities authorized by this
  202  section.
  203         (c)This subsection does not prohibit:
  204         1.A person who testifies before a review team or is a
  205  member of a review team from testifying in a civil, criminal,
  206  administrative, or disciplinary proceeding to matters otherwise
  207  within his or her knowledge; or
  208         2.A member of a review team from testifying in a policy
  209  related hearing or matter, as long as the member of the review
  210  team does not disclose records or information that would
  211  identify the victim or victim’s family or any other confidential
  212  or exempt records or information pertaining to a matter reviewed
  213  by the review team.
  214         Section 2. This act shall take effect July 1, 2023.