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.