Florida Senate - 2018 CS for SB 422 By the Committee on Appropriations; and Senator Gibson 576-04122-18 2018422c1 1 A bill to be entitled 2 An act relating to elder abuse fatality review teams; 3 amending s. 415.101, F.S.; revising legislative 4 intent; creating s. 415.1103, F.S.; authorizing the 5 establishment of elder abuse fatality review teams in 6 each judicial circuit housed, for administrative 7 purposes only, in the Department of Elderly Affairs; 8 providing conditions for team establishment and 9 organization; specifying review team duties; providing 10 review teams with access to and use of records; 11 requiring each review team to submit an annual report 12 by a certain date to the Department of Elderly Affairs 13 containing specified information; requiring the 14 department to prepare an annual report by a certain 15 date with such information to the Governor, the 16 Legislature, and the Department of Children and 17 Families; exempting certain information and records 18 from discovery; providing exceptions; prohibiting a 19 member from testifying about information or records 20 presented during meetings or activities of the team; 21 providing immunity from monetary liability for members 22 under certain conditions; prohibiting review teams and 23 review team members from disclosing confidential 24 information; amending s. 415.107, F.S.; requiring that 25 elder abuse fatality review teams be granted access to 26 certain records; providing an effective date. 27 28 Be It Enacted by the Legislature of the State of Florida: 29 30 Section 1. Section 415.101, Florida Statutes, is amended to 31 read: 32 415.101 Adult Protective Services Act; legislative intent.— 33 (1) Sections 415.101-415.113 may be cited as the “Adult 34 Protective Services Act.” 35 (2) The Legislature recognizes that there are many persons 36 in this state who, because of age or disability, are in need of 37 protective services. Such services should allow such an 38 individual the same rights as other citizens and, at the same 39 time, protect the individual from abuse, neglect, and 40 exploitation. It is the intent of the Legislature to provide for 41 the detection and correction of abuse, neglect, and exploitation 42 through social services and criminal investigations and to 43 establish a program of protective services for all vulnerable 44 adults in need of them. It is intended that the mandatory 45 reporting of such cases will cause the protective services of 46 the state to be brought to bear in an effort to prevent further 47 abuse, neglect, and exploitation of vulnerable adults. In taking 48 this action, the Legislature intends to place the fewest 49 possible restrictions on personal liberty and the exercise of 50 constitutional rights, consistent with due process and 51 protection from abuse, neglect, and exploitation. Further, the 52 Legislature intends to encourage the constructive involvement of 53 families in the care and protection of vulnerable adults or 54 elderly persons. It is the intent of the Legislature that each 55 protective investigator, as defined in s. 415.102, earn and 56 maintain a valid certification as a protective investigator 57 through a third party credentialing entity in accordance with s. 58 402.40(3). 59 Section 2. Section 415.1103, Florida Statutes, is created 60 to read: 61 415.1103 Elder abuse fatality review teams.— 62 (1)(a) An elder abuse fatality review team may be 63 established in each judicial circuit to review deaths of elderly 64 persons alleged or found to have been caused by, or related to, 65 abuse or neglect. The teams are housed, for administrative 66 purposes only, in the Department of Elderly Affairs. 67 (b) An elder abuse fatality review team may include, but is 68 not limited to, representatives from the following entities 69 within the review team’s judicial circuit: 70 1. Law enforcement agencies; 71 2. The state attorney; 72 3. The medical examiner; 73 4. A county court judge; 74 5. Adult protective services; 75 6. The area agency on aging; 76 7. The State Long-Term Care Ombudsman Program; 77 8. The Agency for Health Care Administration; 78 9. The Office of the Attorney General; 79 10. The Office of the State Courts Administrator; 80 11. The clerk of the court; 81 12. A victim services program; 82 13. An elder law attorney; 83 14. Emergency services personnel; 84 15. A certified domestic violence center; 85 16. An advocacy organization for victims of sexual 86 violence; 87 17. A funeral home director; 88 18. A forensic pathologist; 89 19. A geriatrician; 90 20. A geriatric nurse; 91 21. A geriatric psychiatrist or other individual licensed 92 to offer behavioral health services; 93 22. A hospital discharge planner; 94 23. A public guardian; or 95 24. Any other persons who have knowledge regarding fatal 96 incidents of elder abuse, domestic violence, or sexual violence, 97 including knowledge of research, policy, law, and other matters 98 connected with such incidents involving elders or who are 99 recommended for inclusion by the review team. 100 (c) A person eligible under paragraph (b) may initiate the 101 establishment of a team in his or her judicial circuit and call 102 the first organizational meeting of the team. At the initial 103 meeting, members of the team shall choose two members to serve 104 as co-chairs. 105 (d) Participation in a review team is voluntary. Members of 106 the review team shall serve without compensation and may not be 107 reimbursed for per diem or travel expenses. 108 (e) Members shall serve for terms of 2 years, to be 109 staggered as determined by the co-chairs. Chairs may be 110 reelected by a majority of the review team but not for more than 111 2 consecutive terms. 112 (f) A review team shall determine the local operations of 113 the team, including, but not limited to, the process for case 114 selection, which must be limited to closed cases in which an 115 elderly person’s death is verified to have been caused by abuse 116 or neglect, and the meeting schedule, to include at least one 117 meeting in each fiscal year. 118 (g) Administrative costs of operating the review team shall 119 be borne by the team members or entities whom they represent. 120 (2) An elder abuse fatality review team must do all of the 121 following: 122 (a) Review deaths of elderly persons in its judicial 123 circuit alleged or found to have been caused by, or related to, 124 abuse or neglect. 125 (b) Consider the events leading up to a fatal incident, 126 available community resources, current law and policies, and the 127 actions taken by systems and individuals related to the fatal 128 incident. 129 (c) Identify gaps, deficiencies, or problems in the 130 delivery of services to elderly persons by public and private 131 agencies which may be related to deaths reviewed by the team. 132 (d) Whenever possible, develop a communitywide approach to 133 address causes of, and contributing factors to, deaths reviewed 134 by the team. 135 (e) Develop practice standards and recommend changes in 136 law, rules, and policies to support the care of elderly persons 137 and prevent elder abuse deaths. 138 (3)(a) Upon written request from a co-chair of a review 139 team, the following information or records pertaining to an 140 elderly person whose death is being reviewed by the team shall 141 be disclosed: 142 1. Information and records held by a criminal justice 143 agency, as defined in s. 119.011(4), not including active 144 criminal intelligence or investigative information, as defined 145 in s. 119.011(3). 146 2. Information and records from Adult Protective Services 147 pursuant to s. 415.107(3)(m). 148 3. An autopsy report from the Medical Examiner’s Office, 149 not including materials protected under s. 406.135. 150 (b) Review teams may share with each other any relevant 151 information that pertains to the review of the death of an 152 elderly person. 153 (c) A team member may not contact, interview, or obtain 154 information by request directly from a member of the deceased 155 elder’s family as part of the review, unless a team member is 156 authorized to do so in the course of his or her employment 157 duties. A member of the deceased elder’s family may voluntarily 158 provide records or information to a review team. 159 (4)(a) By September 1 of each year, each review team shall 160 submit a report to the Department of Elderly Affairs, including, 161 but not limited to: 162 1. Descriptive statistics regarding cases reviewed by the 163 review team, including demographic information regarding victims 164 and caregivers, and the causes and nature of deaths; 165 2. Current policies, procedures, rules, or statutes that 166 the review team identified as contributing to the incidence of 167 elder abuse and elder deaths, and recommendations for system 168 improvement and needed resources, training, or information 169 dissemination to address those identified issues; 170 3. Any other recommendations to prevent deaths from elder 171 abuse, based on an analysis of the data and information 172 presented in the report; and 173 4. Any steps taken by the review team and public and 174 private agencies to implement necessary changes and improve the 175 coordination of services and reviews. 176 (b) By November 1 of each year, the Department of Elderly 177 Affairs shall prepare a summary report of the information 178 required by paragraph (a), which shall be provided to the 179 Governor, the President of the Senate, the Speaker of the House 180 of Representatives, and the Department of Children and Families. 181 (5) Information and records acquired by an elder abuse 182 fatality review team are not subject to discovery or 183 introduction into evidence in any civil or criminal action or 184 administrative or disciplinary proceeding by any state or local 185 government department or agency if the information or records 186 arose out of the matters that are the subject of review by a 187 review team, unless the information and records are not 188 discoverable from any other source. Information and records that 189 are available from other sources are not immune from discovery 190 or introduction into evidence solely because the information, 191 documents, or records were presented to or reviewed by a review 192 team. 193 (6) A person who has attended a meeting of the review team 194 or who has otherwise participated in the activities authorized 195 by this section may not be allowed or required to testify in any 196 civil, criminal, administrative, or disciplinary proceeding as 197 to any records or information produced or presented to a team 198 during a meeting or other activity authorized by this section, 199 unless such testimony is necessary to determine the records or 200 information that was available to the fatality review team. 201 However, this paragraph does not prevent any person who 202 testifies before the team or who is a member of the team from 203 testifying as to matters otherwise within his or her knowledge. 204 (7) There is no monetary liability on the part of, and a 205 cause of action for damages may not arise against, any member of 206 an elder abuse fatality review team in the performance of his or 207 her duties as a review team member in regard to any discussions 208 by, or deliberations or recommendations of, the team or the 209 member, unless such member acted in bad faith, with wanton and 210 willful disregard of human rights, safety, or property. 211 (8) Elder abuse fatality review teams and their members may 212 not disclose any information that is confidential pursuant to 213 law. 214 Section 3. Paragraph (m) is added to subsection (3) of 215 section 415.107, Florida Statutes, to read: 216 415.107 Confidentiality of reports and records.— 217 (3) Access to all records, excluding the name of the 218 reporter which shall be released only as provided in subsection 219 (6), shall be granted only to the following persons, officials, 220 and agencies: 221 (m) An elder abuse fatality review team established under 222 s. 415.1103(1) that is reviewing the death of an elderly person. 223 Section 4. This act shall take effect July 1, 2018.