Florida Senate - 2017 SB 518 By Senator Gibson 6-00512A-17 2017518__ 1 A bill to be entitled 2 An act relating to elder abuse fatality review teams; 3 creating s. 825.107, F.S.; defining the term “elder 4 abuse fatality review team”; authorizing the 5 establishment of elder abuse fatality review teams to 6 review fatal and near-fatal incidents of elder abuse; 7 specifying the duties and purpose of review teams; 8 providing immunity from liability for acts conducted 9 in furtherance of a review team’s duties; exempting 10 certain information and records acquired by a review 11 team from discovery or introduction into evidence in 12 specified actions or proceedings; prohibiting a person 13 from being required to testify regarding records or 14 information produced or presented during meetings or 15 other activities of a review team; assigning the 16 review teams to the Department of Children and 17 Families for administrative purposes; providing an 18 effective date. 19 20 Be It Enacted by the Legislature of the State of Florida: 21 22 Section 1. Section 825.107, Florida Statutes, is created to 23 read: 24 825.107 Elder abuse fatality review teams.— 25 (1) As used in this section, the term “elder abuse fatality 26 review team” means an organization that may include, but is not 27 limited to, the following persons or employees, members, or 28 representatives of the following agencies, programs, industries, 29 or organizations: 30 (a) Law enforcement agencies. 31 (b) The office of the state attorney. 32 (c) A medical examiner. 33 (d) The office of court administration. 34 (e) The clerk of the court. 35 (f) Victim services programs. 36 (g) The State Long-Term Care Ombudsman Program. 37 (h) Adult protective services providers. 38 (i) Aging resource centers. 39 (j) The business community. 40 (k) County probation or corrections agencies. 41 (l) The Agency for Health Care Administration. 42 (m) Certified domestic violence centers. 43 (n) An advocacy organization for victims of sexual 44 violence. 45 (o) A funeral director. 46 (p) A forensic pathologist. 47 (q) A geriatrician. 48 (r) A geriatric nurse. 49 (s) A geriatric psychiatrist or other individual licensed 50 to offer mental health counseling. 51 (t) A hospital discharge planner. 52 (u) An emergency services provider, including firefighters, 53 paramedics, emergency medical technicians, or other first 54 responders. 55 (v) A health care provider, including a licensed physician 56 or dentist. 57 (w) A public guardian. 58 (x) Any other persons who have knowledge regarding 59 fatalities or nonlethal incidents of elder abuse, domestic 60 violence, or sexual violence, including research, policy, law, 61 and other matters connected with such incidents. 62 (y) Other representatives as determined by the review team. 63 (2) An elder abuse fatality review team may be established 64 at a local, regional, or state level in order to review fatal 65 and near-fatal incidents of elder abuse and other acts of 66 neglect or violence against the elderly. The review may include 67 a review of events leading up to an incident, available 68 community resources, current laws and policies, actions taken by 69 systems and individuals related to the incident and the parties, 70 and any information or action deemed relevant by the team. The 71 purpose of the team is to learn how to prevent elder abuse by 72 intervening early and improving the response of an individual 73 and the system to elder abuse. The team may determine the number 74 and type of incidents it wishes to review and shall make policy 75 and other recommendations as to how incidents of elder abuse may 76 be prevented. 77 (3)(a) There may be no monetary liability on the part of, 78 and a cause of action for damages may not arise against, any 79 member of an elder abuse fatality review team or any person 80 acting as a witness for, incident reporter to, or investigator 81 for an elder abuse fatality review team for any act or 82 proceeding undertaken or performed within the scope of the 83 team’s duties, unless such person acted in bad faith, with 84 malicious purpose, or in a manner exhibiting wanton and willful 85 disregard of human rights, safety, or property. 86 (b) This subsection does not affect the provisions of s. 87 768.28. 88 (4) All information and records acquired by an elder abuse 89 fatality review team are not subject to discovery or 90 introduction into evidence in any civil or criminal action or 91 administrative or disciplinary proceeding by any department or 92 employing agency if the information or records arose out of 93 matters that are the subject of evaluation and review by the 94 elder abuse fatality review team. However, information, 95 documents, and records otherwise available from other sources 96 are not immune from discovery or introduction into evidence 97 solely because the information, documents, or records were 98 presented to or reviewed by such a team. A person who has 99 attended a meeting of an elder abuse fatality review team may 100 not testify in any civil, criminal, administrative, or 101 disciplinary proceeding as to any records or information 102 produced or presented to the team during meetings or other 103 activities authorized by this section. This subsection does not 104 preclude any person who testifies before a team or who is a 105 member of a team from testifying as to matters otherwise within 106 his or her knowledge. 107 (5) The elder abuse fatality review teams are assigned to 108 the Department of Children and Families for administrative 109 purposes. 110 Section 2. This act shall take effect July 1, 2017.