ENROLLED
       2023 Legislature                   CS for SB 1540, 1st Engrossed
       
       
       
       
       
       
                                                             20231540er
    1  
    2         An act relating to elder and vulnerable adult abuse
    3         fatality review teams; amending s. 415.1103, F.S.;
    4         authorizing the establishment of elder and vulnerable
    5         adult abuse fatality review teams for certain
    6         purposes; authorizing certain persons and entities to
    7         initiate a review team; requiring the initiating
    8         entity to determine the geographic area to be served
    9         by the review team; providing a requirement for such
   10         geographic area; revising the definition of the term
   11         “elder and vulnerable adult”; revising review team
   12         membership; authorizing continuance for review teams
   13         in existence on a certain date; requiring the entity
   14         that initiated the review team to call its first
   15         meeting; specifying certain members to be co-chairs of
   16         the review team; authorizing a review team to
   17         determine the number and types of incidents to review;
   18         removing provisions relating to state attorney
   19         requirements; requiring members of a review team to
   20         sign a written acknowledgment of public records
   21         requirements; requiring such acknowledgment to
   22         reference applicable criminal penalties for certain
   23         disclosures; requiring the initiating entity to
   24         provide the acknowledgment form and certain training;
   25         revising review team requirements to conform to
   26         changes made by the act; modifying the prohibition
   27         from contacting, interviewing, or obtaining
   28         information from the family of a victim; expanding
   29         immunity from monetary liability to certain persons;
   30         providing construction; providing that communications,
   31         information, and records produced or acquired by a
   32         review team are not subject to discovery or
   33         introduction into evidence in certain proceedings
   34         under certain circumstances; providing that a person
   35         who attends a meeting or other authorized activity of
   36         a review team may not testify in certain proceedings
   37         as to certain records or information; providing
   38         exceptions; providing an effective date.
   39          
   40  Be It Enacted by the Legislature of the State of Florida:
   41  
   42         Section 1. Section 415.1103, Florida Statutes, is amended
   43  to read:
   44         415.1103 Elder and vulnerable adult abuse fatality review
   45  teams.—
   46         (1)(a) A state attorney, or his or her designee, may
   47  initiate An elder and vulnerable adult abuse fatality review
   48  team may be established in his or her judicial circuit to review
   49  incidents of deaths of elderly persons caused by, or related to,
   50  abuse, exploitation, or neglect which are believed to have
   51  caused or contributed to the death of an elderly person or
   52  vulnerable adult.
   53         (b) An elder and vulnerable adult abuse fatality review
   54  team may be initiated by any of the following:
   55         1. A state attorney.
   56         2. A law enforcement agency.
   57         3. The Department of Children and Families.
   58         4. The Office of the Attorney General.
   59         5. The Agency for Persons with Disabilities.
   60         (c) The initiating entity shall determine the geographic
   61  area that the review team will serve. The geographic area served
   62  by the review team must be within the jurisdiction or service
   63  area of the initiating entity.
   64         (d) The purpose of a review team is to learn how to prevent
   65  elder and vulnerable adult abuse and abuse-related deaths by
   66  intervening early and improving the system response to elder and
   67  vulnerable adult abuse, exploitation, and neglect.
   68         (2) For purposes of this section and s. 415.1104, the term
   69  “elder and vulnerable adult” refers to a person who meets the
   70  criteria for any of the following terms:
   71         (a) Vulnerable adult as defined in s. 415.102.
   72         (b) Disabled adult as defined in s. 825.101.
   73         (c) Elderly person as defined in s. 825.101.
   74         (3) A An elder abuse fatality review team may include, but
   75  is not limited to, representatives from any of the entities
   76  listed under paragraph (1)(b) and any of the following persons
   77  or entities or persons located in the review team’s judicial
   78  circuit:
   79         1. Law enforcement agencies.
   80         2. The state attorney.
   81         1.3. The medical examiner.
   82         2.4. A county court judge.
   83         5. Adult protective services.
   84         3.6. The area agency on aging.
   85         4.7. The State Long-Term Care Ombudsman Program.
   86         5.8. The Agency for Health Care Administration.
   87         9. The Office of the Attorney General.
   88         6.10. The Office of the State Courts Administrator.
   89         7.11. The clerk of the court.
   90         8.12. A victim services program.
   91         9.13. An elder law or disability rights attorney.
   92         10.14. Emergency services personnel.
   93         11.15. A certified domestic violence center.
   94         12.16. An advocacy organization for victims of sexual
   95  violence.
   96         13.17. A funeral home director.
   97         14.18. A forensic pathologist.
   98         15.19. A geriatrician.
   99         16.20. A geriatric nurse.
  100         17.21. A geriatric psychiatrist or other individual
  101  licensed to offer behavioral health services.
  102         18.22. A hospital discharge planner.
  103         19.23. A public guardian.
  104         20.24. Any other persons who are identified and invited by
  105  the review team and who have knowledge regarding fatal incidents
  106  of elder abuse, vulnerable adult abuse, domestic violence, or
  107  sexual violence, or suicide, including knowledge of research,
  108  policy, law, and other matters connected with such incidents
  109  involving elders and vulnerable adults, or who are recommended
  110  for inclusion by the review team.
  111         (4)(a)(c) Participation in a review team is voluntary.
  112  Members of a review team shall serve without compensation and
  113  may not be reimbursed for per diem or travel expenses. A review
  114  team in existence on July 1, 2023, may continue to exist and
  115  must comply with the requirements of this section Members shall
  116  serve for terms of 2 years, to be staggered as determined by the
  117  co-chairs.
  118         (b)1.(d) The entity initiating the review team shall state
  119  attorney may call the first organizational meeting of the team.
  120         2. A representative of the entity initiating the review
  121  team, who is chosen by that entity, shall serve as a co-chair of
  122  the review team. At the initial meeting, members of a review
  123  team shall elect a member choose two members to serve as an
  124  additional co-chair. The co-chair elected by the review team
  125  shall serve a 2-year term and co-chairs. Chairs may be reelected
  126  by a majority vote of a review team for not more than two
  127  consecutive terms.
  128         3. At the initial meeting, members of a review team shall
  129  establish a schedule for future meetings. Each review team shall
  130  meet at least once each fiscal year.
  131         (c)(e)Except as provided in subsection (1) and paragraph
  132  (4)(b), each review team shall determine its structure, local
  133  operations, and including, but not limited to, the process for
  134  case selection, including, but not limited to, the number and
  135  type of incidents it chooses to review. The state attorney shall
  136  refer cases to be reviewed by each team. Reviews must be limited
  137  to closed cases in which an elderly person’s death was caused
  138  by, or related to, abuse or neglect. All identifying information
  139  concerning the elderly person must be redacted by the state
  140  attorney in documents received for review. As used in this
  141  paragraph, the term “closed case” means a case that does not
  142  involve information considered active as defined in s.
  143  119.011(3)(d).
  144         (d)(f) Administrative costs of operating the review team
  145  must be borne by the team members or entities they represent.
  146         (e)1. Each member of a review team shall sign a written
  147  acknowledgment that the member is obligated to comply with the
  148  applicable provisions of chapter 119 and s. 24(a), Art. I of the
  149  State Constitution and may not knowingly disclose or reveal
  150  information or records produced, acquired, or discussed by the
  151  review team which are confidential and exempt from s. 119.07(1)
  152  and s. 24(a), Art. I of the State Constitution. The written
  153  acknowledgment must reference applicable criminal penalties for
  154  such disclosures and clearly identify the records for which such
  155  penalties apply.
  156         2. The entity initiating the review team shall provide the
  157  acknowledgment form to be signed by each review team member and
  158  shall provide training to review team members on the
  159  requirements regarding records that are exempt or confidential
  160  and exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  161  Constitution.
  162         (2) An elder abuse fatality review team in existence on
  163  July 1, 2020, may continue to exist and must comply with the
  164  requirements of this section.
  165         (5)(3)A An elder abuse fatality review team must shall do
  166  all of the following:
  167         (a) Review incidents deaths of abuse, exploitation, or
  168  neglect of elders and vulnerable adults in the review team’s
  169  geographic service area elderly persons in its judicial circuit
  170  which are believed found to have been caused or contributed to
  171  the death of such person by, or related to, abuse or neglect.
  172         (b) Take into consideration the events leading up to a
  173  fatal incident, available community resources, current law and
  174  policies, and the actions taken by systems or individuals
  175  related to the fatal incident, and any information considered
  176  relevant by the team, including, but not limited to, a review of
  177  public records and records for which a public records exemption
  178  is granted.
  179         (c) Identify potential gaps, deficiencies, or problems in
  180  the delivery of services to elders and vulnerable adults elderly
  181  persons by public and private agencies which may be related to
  182  incidents deaths reviewed by the team.
  183         (d) Whenever possible, develop communitywide approaches to
  184  address the causes of, and contributing factors to, incidents
  185  deaths reviewed by the team.
  186         (e) Develop recommendations and potential changes in law,
  187  rules, and policies to support the care of elders and vulnerable
  188  adults elderly persons and to prevent abuse of such persons
  189  elder abuse deaths.
  190         (6)(a)(4)(a) A review team may share with other review
  191  teams in this state any relevant information that pertains to
  192  incidents identified or reviewed by the team the review of the
  193  death of an elderly person.
  194         (b)1. A review team member may not contact, interview, or
  195  obtain information by request directly from a family member of a
  196  person whose case is subject to review by the review team as
  197  part of the review unless:
  198         a.the deceased elder’s family as part of the review unless
  199  A team member is authorized to do so in the course of his or her
  200  employment duties; or
  201         b. Such contact, interview, or request is necessary for the
  202  review team to complete its review and determine findings and
  203  such information is not obtainable through any other means.
  204         2. A family member of a person whose case is subject to
  205  review by the review team the deceased elder’s family may
  206  voluntarily provide information or any record to a review team
  207  but must be informed that such information or any record is
  208  subject to public disclosure unless a public records exemption
  209  applies.
  210         (7)(a)(5)(a) Annually by September 1, each elder abuse
  211  fatality review team shall submit a summary report to the
  212  Department of Elderly Affairs which includes, but is not limited
  213  to:
  214         1. Descriptive statistics regarding cases reviewed by the
  215  team, including, at a minimum, demographic information on
  216  victims, and the causes and nature of their deaths, and the
  217  incidents of abuse, exploitation, or neglect associated with
  218  their deaths.;
  219         2. Current policies, procedures, rules, or statutes the
  220  review team has identified as contributing to the incidence of
  221  elder and vulnerable adult abuse and abuse-related elder deaths,
  222  and recommendations for system improvements and needed
  223  resources, training, or information dissemination to address
  224  such identified issues.; and
  225         3. Any other recommendations to prevent fatal incidents of
  226  deaths from elder abuse, exploitation, or neglect of elders and
  227  vulnerable adults, based on an analysis of the data and
  228  information presented in the report.
  229         (b) Annually by November 1, the Department of Elderly
  230  Affairs shall prepare a summary report of the review team
  231  information submitted under paragraph (a). The department shall
  232  submit its summary report to the Governor, the President of the
  233  Senate, the Speaker of the House of Representatives, and the
  234  Department of Children and Families.
  235         (8)(a)(6) There is no monetary liability on the part of,
  236  and a cause of action for damages may not arise against, any
  237  member of a an elder abuse fatality review team, or any person
  238  acting as a witness to, incident reporter to, or investigator
  239  for a review team, for any act or proceeding taken or performed
  240  within the scope and functions of the team, due to the
  241  performance of his or her duties as a review team member in
  242  regard to any discussions by, or deliberations or
  243  recommendations of, the team or the member unless such person
  244  member acted in bad faith, with wanton and willful disregard of
  245  human rights, safety, or property.
  246         (b) This subsection does not affect the requirements of s.
  247  768.28.
  248         (9)(a) Oral or written communications, information, and
  249  records produced or acquired by the review team are not subject
  250  to discovery and may not be introduced into evidence in any
  251  civil, criminal, administrative, or disciplinary proceeding if
  252  the communications, information, or records arose out of matters
  253  that are the subject of evaluation and review by the review
  254  team. Information, documents, and records otherwise available
  255  from sources other than the review team are not immune from
  256  discovery or introduction into evidence solely because the
  257  information, documents, or records were presented to or reviewed
  258  by a review team.
  259         (b) A person who attends a meeting or other authorized
  260  activity of a review team may not testify in any civil,
  261  criminal, administrative, or disciplinary proceedings as to any
  262  communications, records, or information produced or presented to
  263  the review team during its meetings or other activities
  264  authorized by this section.
  265         (c) This subsection does not prohibit:
  266         1. A person who testifies before a review team or is a
  267  member of a review team from testifying in a civil, criminal,
  268  administrative, or disciplinary proceeding to matters otherwise
  269  within his or her knowledge; or
  270         2. A member of a review team from testifying in a policy
  271  related hearing or matter, as long as the member of the review
  272  team does not disclose communications, records, or information
  273  that would identify the victim or victim’s family or any other
  274  confidential or exempt records or information pertaining to a
  275  matter reviewed by the review team.
  276         Section 2. This act shall take effect July 1, 2023.