Florida Senate - 2018 SB 422
By Senator Gibson
6-00430B-18 2018422__
1 A bill to be entitled
2 An act relating to elder abuse fatality review teams;
3 creating s. 415.1103, F.S.; providing legislative
4 findings; creating elder abuse fatality review teams
5 in each judicial circuit housed, for administrative
6 purposes only, in the Department of Elderly Affairs;
7 providing for membership; specifying the duties of the
8 review teams; providing immunity from liability for
9 acts conducted in furtherance of a review team’s
10 duties; prohibiting a review team and its members from
11 disclosing certain information; exempting certain
12 information and records acquired by a review team from
13 discovery or introduction into evidence in specified
14 actions or proceedings; providing an exception;
15 prohibiting a person from being required to testify
16 regarding records or information produced or presented
17 during meetings or other activities of a review team;
18 providing an exception; requiring each judicial
19 circuit to organize by public notice the review team’s
20 initial meeting; providing requirements for the
21 initial meeting; providing an effective date.
22
23 Be It Enacted by the Legislature of the State of Florida:
24
25 Section 1. Section 415.1103, Florida Statutes, is created
26 to read:
27 415.1103 Elder abuse fatality review teams.—
28 (1) The Legislature finds that elder abuse is a serious
29 issue and that fatality review teams raise awareness in the
30 community of the serious nature and potential lethality of elder
31 abuse in this state, support the enactment of protections and
32 reforms that will help prevent abuse-related deaths in the
33 future, and help ensure that victims of elder abuse receive
34 needed services.
35 (2) Effective December 31, 2018, an elder abuse fatality
36 review team must be established in each judicial circuit to
37 review the facts and circumstances in cases involving abuse
38 related deaths. The teams shall be housed, for administrative
39 purposes only, in the Department of Elderly Affairs.
40 (3) The elder abuse fatality review teams are composed of
41 volunteers, each of whom shall serve without compensation for a
42 term of 2 years. The review team membership may include, but is
43 not limited to, the following or their representatives:
44 (a) Law enforcement agencies.
45 (b) The state attorney.
46 (c) The medical examiner.
47 (d) A county court judge.
48 (e) Adult protective services.
49 (f) The Aging and Disability Resource Center.
50 (g) The State Long-Term Care Ombudsman Program.
51 (h) The Agency for Health Care Administration.
52 (i) The Office of the Attorney General.
53 (j) The office of court administration.
54 (k) The clerk of the court.
55 (l) A victim services program.
56 (m) An elder law attorney.
57 (n) Emergency services personnel.
58 (o) A certified domestic violence center.
59 (p) An advocacy organization for victims of sexual
60 violence.
61 (q) A funeral home director.
62 (r) A forensic pathologist.
63 (s) A geriatrician.
64 (t) A geriatric nurse.
65 (u) A geriatric psychiatrist or other individual licensed
66 to offer behavioral health services.
67 (v) A hospital discharge planner.
68 (w) A public guardian.
69 (x) Other persons who have knowledge regarding fatal
70 incidents of elder abuse, domestic violence, or sexual violence,
71 including knowledge of research, policy, law, and other matters
72 connected with such incidents or who are recommended for
73 inclusion by the review team.
74 (4) Each elder abuse fatality review team shall do all of
75 the following:
76 (a) Limit its review to cases that have been closed, to
77 avoid interference with or influencing the outcome of an ongoing
78 criminal investigation or prosecution.
79 (b) Determine the number of cases it will review in which
80 an elderly person’s death is verified to have been caused by
81 abuse or neglect.
82 (c) After reviewing those cases, make policy and other
83 recommendations as to how incidents of abuse-related fatalities
84 may be prevented.
85 (d) Submit its recommendations to the Office of the
86 Governor, the President of the Senate, the Speaker of the House
87 of Representatives, the Department of Children and Families, and
88 the Department of Elder Affairs.
89 (5)(a) The elder abuse fatality review teams must be
90 provided access to any information or records contained in a
91 closed file that pertains to an elder whose death is subject to
92 review by a team, including information or records from a law
93 enforcement agency, which are determined necessary for the team
94 to carry out its duties.
95 (b) The review teams shall review the events leading up to
96 a fatal incident, available community resources, the actions
97 taken by systems and individuals related to the fatal incident,
98 and any other information deemed relevant by the team.
99 (6) There is no monetary liability on the part of, and a
100 cause of action for damages may not arise against, any member of
101 an elder abuse fatality review team in the performance of his or
102 her duties as a review team member.
103 (7) Elder abuse fatality review teams and their members may
104 not disclose any information that is not otherwise a public
105 record.
106 (8) Information and records acquired by an elder abuse
107 fatality review team are not subject to discovery or
108 introduction into evidence in any civil or criminal action or
109 administrative or disciplinary proceeding by any department or
110 employing agency if the information or records arose out of
111 matters that are the subject of evaluation and review by the
112 elder abuse fatality review team. However, information,
113 documents, and records that are available from other sources are
114 not immune from discovery or introduction into evidence solely
115 because the information, documents, or records were presented to
116 or reviewed by a review team. A person who has attended a
117 meeting of an elder abuse fatality review team may not be
118 required to testify in any civil, criminal, administrative, or
119 disciplinary proceedings as to any records or information
120 produced or presented to the team during meetings or other
121 activities authorized by this section. However, review team
122 members may be required to testify as to matters otherwise
123 within their personal knowledge.
124 (9) The chief judge or his or her representative from each
125 judicial circuit shall provide public notice of the initial
126 meeting of the review team in its circuit. At the initial
127 meeting, the volunteers shall choose two members who shall serve
128 as co-chairs of the review team. The co-chairs shall determine
129 the frequency of the meetings in the circuit and submit the
130 team’s recommendations as provided in paragraph (4)(d).
131 Section 2. This act shall take effect July 1, 2018.