The Florida Senate

415.1055  Notification to administrative entities, subjects, and reporters; notification to law enforcement and state attorneys.--

(1)  NOTIFICATION TO ADMINISTRATIVE ENTITIES.--

(a)  The department shall, within 24 hours after receipt of a report of abuse, neglect, or exploitation of a disabled adult or an elderly person within a facility, excluding Saturdays, Sundays, and legal holidays, notify the appropriate human rights advocacy committee and the long-term care ombudsman council, in writing, that the department has reasonable cause to believe that a disabled adult or an elderly person has been abused, neglected, or exploited at the facility.

(b)  Upon receipt of a report that alleges that an employee or agent of the department or the Department of Elderly Affairs, acting in an official capacity, has committed an act of abuse, neglect, or exploitation, the department shall notify the state attorney in whose circuit the abuse, neglect, or exploitation occurred. This notification may be oral or written.

(c)  If at any time during a protective investigation the department has reasonable cause to believe that a disabled adult or an elderly person has been abused, neglected, or exploited by another person, the state attorney having jurisdiction in the county in which the abuse, neglect, or exploitation occurred shall be notified immediately, either orally or in writing.

(d)  If at any time during a protective investigation the department has reasonable cause to believe that a disabled adult or an elderly person has been abused, neglected, or exploited by another person, the appropriate law enforcement agency shall be immediately notified. Such agency may begin a criminal investigation concurrent with or independent of the protective investigation of the department. This notification may be oral or written.

(e)  If at any time during a protective investigation the department has reasonable cause to believe that abuse, neglect, or exploitation of a disabled adult or an elderly person has occurred within a facility that receives Medicaid funds, the department shall notify the Medicaid Fraud Control Unit within the Department of Legal Affairs, Office of the Attorney General, in order that it may begin an investigation concurrent with the protective investigation of the department. This notification may be oral or written.

(f)  If at any time during a protective investigation the department has reasonable cause to believe that an employee of a facility, as defined in ¹s. 415.102(13), is the alleged perpetrator of abuse, neglect, or exploitation of a disabled adult or an elderly person, the department shall notify the Agency for Health Care Administration, Division of Health Quality Assurance, in writing.

(g)  If at any time during a protective investigation the department has reasonable cause to believe that professional licensure violations have occurred, the department shall notify the Division of Medical Quality Assurance within the Department of Health. This notification must be in writing.

(h)  When a report has been classified as proposed confirmed, the department shall notify the state attorney having jurisdiction in the county in which the abuse, neglect, or exploitation occurred. The department may submit a report that has been closed without classification if evidence indicates that further criminal investigation is warranted. This notification must be in writing.

(i)  At the conclusion of a protective investigation at a facility, the department shall notify either the human rights advocacy committee or long-term care ombudsman council of the results of the investigation. This notification must be in writing.

(j)  At the conclusion of a protective investigation, the department shall notify the Agency for Health Care Administration when a licensee or a certified nursing assistant has been named as perpetrator in a report that has been classified as proposed confirmed or confirmed. This notification must be in writing.

(k)  When a report has been classified as proposed confirmed in cases involving a guardian of the person or property, or both, the department shall notify the probate court having jurisdiction over the guardianship of the proposed confirmed report. This notification must be in writing.

(2)  NOTIFICATION TO OTHER PERSONS.--

(a)  In the case of a report that has been classified as unfounded, notice of the classification must be given to the disabled adult or elderly person, the guardian of that person, the caregiver of that person, and the person who had been named as the alleged perpetrator. The notice must be sent by regular mail and must advise the recipient that the report will be expunged in 1 year.

(b)  If a report has been classified as proposed confirmed, notice of the classification must be given to the disabled adult or elderly person, the guardian of that person, the caregiver of that person, and the alleged perpetrator, and legal counsel, if known, for those persons.

1.  The notice must state the nature of the alleged abuse, neglect, or exploitation and the facts that are alleged to support the proposed confirmed classification.

2.  The notice must advise the recipient of the recipient's right to request a copy of the report within 60 days after receipt of the notice.

3.  The notice must clearly advise the alleged perpetrator that the alleged perpetrator has the right to request amendment or expunction of the report within 60 days after receipt of the notice, and that failure to request amendment or expunction within 60 days means that the report will be reclassified as confirmed at the expiration of the 60 days and that the alleged perpetrator agrees not to contest the classification of the report. No further administrative or judicial proceedings in the matter are allowed.

4.  The notice must state that, if the report becomes confirmed, the alleged perpetrator may be disqualified from working with children, the developmentally disabled, disabled adults, and elderly persons.

5.  Notice of a proposed confirmed report must be personally served upon the alleged perpetrator in this state by an adult protective investigator, a sheriff, or a private process server in the district in which the alleged perpetrator resides, works, or can be found. Proof of service of the notice must be by affidavit prepared by the individual serving the notice upon the alleged perpetrator. The affidavit must state the name of the person serving the notice, the name of the alleged perpetrator served, the location at which the alleged perpetrator was served, and the time the notice was served. If the notice of a proposed confirmed report cannot be personally served upon the alleged perpetrator in this state or if the alleged perpetrator does not reside in this state, the notice of the proposed confirmed report must be sent by certified mail, return receipt requested, forwarding and address correction requested, to the last known address of the alleged perpetrator. If an alleged perpetrator cannot be served either by personal service or by certified mail, the record of the proposed confirmed report must be maintained pursuant to s. 415.1065.

6.  Notice to other named persons may be sent by regular mail, with the department giving notice to the caregiver, the guardian, legal counsel for all parties, and the disabled adult or elderly person.

7.  If a proposed confirmed report becomes confirmed because the alleged perpetrator fails to make a timely request to amend or expunge the proposed confirmed report, the department must give notice of the confirmed classification to the perpetrator and the perpetrator's legal counsel.

a.  Notice of the confirmed classification must inform the perpetrator that the perpetrator may be disqualified from working with children, the developmentally disabled, disabled adults, and elderly persons.

b.  The notice must inform the perpetrator that further departmental proceedings in the matter are not allowed.

c.  The notice of the confirmed classification must be sent by certified mail, return receipt requested.

(c)  If a report is closed without classification, notice must be given to the guardian of the disabled adult or elderly person, the disabled adult or elderly person, the caregiver of that person, any person or facility named in the report, and the person who had been named as the alleged perpetrator. The notice must be sent by regular mail and must advise the recipient that:

1.  The report will be retained for 7 years.

2.  The recipient has a right to request a copy of this report.

3.  Any person or facility named in a report classified as closed without classification has the right to request amendment or expunction of the report within 60 days after the receipt of the notice, and that failure to request amendment or expunction within 60 days means that the report will remain classified as closed without classification and that the person agrees not to contest the classification of the report. No further proceeding will be allowed in this matter.

(d)  In the case of a report that has been determined by an adult protective services investigator to be either a disabled adult in need of services or an elderly person in need of services, as defined in s. 415.102, no classification of the report shall be made and no notification shall be required.

(e)  The department shall adopt rules prescribing the content of the notices to be provided and requiring uniformity of content and appearance of each notice of classification or closure without classification.

(3)  NOTIFICATION BY LAW ENFORCEMENT AND STATE ATTORNEYS.--

(a)  Whenever the law enforcement agency and the department have conducted independent investigations, the law enforcement agency shall, within 5 working days after concluding its investigation, report its findings to the department and to the state attorney.

(b)  Within 15 days after completion of an investigation of a case reported to the state attorney under this section, the state attorney shall report the findings to the department and shall include a determination of whether or not prosecution is justified and appropriate in view of the circumstances of the specific case.

History.--s. 103, ch. 95-418; s. 12, ch. 97-98; s. 30, ch. 98-166; s. 4, ch. 98-182.

¹Note.--Redesignated s. 415.102(15) by s. 1, ch. 98-182.