Florida Senate - 2019 CS for SB 452 By the Committee on Children, Families, and Elder Affairs; and Senator Gibson 586-02487-19 2019452c1 1 A bill to be entitled 2 An act relating to elder abuse fatality review teams; 3 creating s. 415.1103, F.S.; authorizing the 4 establishment of elder abuse fatality review teams in 5 each judicial circuit and housing the review teams, 6 for administrative purposes only, in the Department of 7 Elderly Affairs; providing conditions for review team 8 membership, establishment, and organization; 9 specifying requirements for the review team operations 10 and meeting schedules; assigning responsibility for 11 paying the administrative costs of review team 12 operations to the team members or the entities they 13 represent; authorizing elder abuse fatality review 14 teams in existence on a certain date to continue; 15 requiring such existing teams to comply with specified 16 requirements; specifying review team duties; requiring 17 each review team to submit annually a summary report 18 by a certain date to the Department of Elderly Affairs 19 containing specified information; requiring the 20 department to prepare annually a summary report on the 21 review teams’ information and submit the summary to 22 the Governor, the Legislature, and the Department of 23 Children and Families; exempting certain information 24 and records from discovery; providing an exception; 25 restricting the testimony of certain persons about 26 information or records presented during meetings or 27 activities of the review teams; providing immunity 28 from monetary liability for review team members under 29 certain conditions; prohibiting review teams and 30 review team members from disclosing confidential 31 information; providing an effective date. 32 33 Be It Enacted by the Legislature of the State of Florida: 34 35 Section 1. Section 415.1103, Florida Statutes, is created 36 to read: 37 415.1103 Elder abuse fatality review teams.— 38 (1)(a) An elder abuse fatality review team may be 39 established in each judicial circuit to review deaths of elderly 40 persons alleged or found to have been caused by, or related to, 41 abuse or neglect. The review teams are housed, for 42 administrative purposes only, in the Department of Elderly 43 Affairs. 44 (b) An elder abuse fatality review team may include, but is 45 not limited to, representatives from the following entities in 46 the review team’s judicial circuit: 47 1. Law enforcement agencies; 48 2. The state attorney; 49 3. The medical examiner; 50 4. A county court judge; 51 5. Adult protective services; 52 6. The area agency on aging; 53 7. The State Long-Term Care Ombudsman Program; 54 8. The Agency for Health Care Administration; 55 9. The Office of the Attorney General; 56 10. The Office of the State Courts Administrator; 57 11. The clerk of the court; 58 12. A victim services program; 59 13. An elder law attorney; 60 14. Emergency services personnel; 61 15. A certified domestic violence center; 62 16. An advocacy organization for victims of sexual 63 violence; 64 17. A funeral home director; 65 18. A forensic pathologist; 66 19. A geriatrician; 67 20. A geriatric nurse; 68 21. A geriatric psychiatrist or other individual licensed 69 to offer behavioral health services; 70 22. A hospital discharge planner; 71 23. A public guardian; or 72 24. Any other persons who have knowledge regarding fatal 73 incidents of elder abuse, domestic violence, or sexual violence, 74 including knowledge of research, policy, law, and other matters 75 connected with such incidents involving elders, or who are 76 recommended for inclusion by the review team. 77 (c) A state attorney, or his or her designee, may initiate 78 the establishment of a review team in his or her judicial 79 circuit and may call the first organizational meeting of the 80 team. At the initial meeting, members of the review team shall 81 choose two members to serve as co-chairs and shall establish a 82 schedule for future meetings. 83 (d) Participation in a review team is voluntary. Members of 84 the review team shall serve without compensation and may not be 85 reimbursed for per diem or travel expenses. 86 (e) Members shall serve for terms of 2 years, to be 87 staggered as determined by the co-chairs. Chairs may be 88 reelected by a majority vote of the review team but not for more 89 than two consecutive terms. 90 (f) A review team shall determine the local operations of 91 the team, including, but not limited to, the process for case 92 selection. Reviews must be limited to closed cases in which an 93 elderly person’s death is verified by the state attorney to have 94 been caused by abuse or neglect. All identifying information 95 concerning the person must be redacted in documents received for 96 review. The review team shall meet at least once each fiscal 97 year. 98 (g) Administrative costs of operating the review team must 99 be borne by the team members or entities that they represent. 100 (2) An elder abuse fatality review team in existence on 101 July 1, 2019, may continue to exist and shall comply with the 102 requirements created in this section. 103 (3) An elder abuse fatality review team shall do all of the 104 following: 105 (a) Review deaths of elderly persons in its judicial 106 circuit alleged or found to have been caused by, or related to, 107 abuse or neglect. 108 (b) Consider the events leading up to a fatal incident, 109 available community resources, current law and policies, and the 110 actions taken by systems or individuals related to the fatal 111 incident. 112 (c) Identify potential gaps, deficiencies, or problems in 113 the delivery of services to elderly persons by public and 114 private agencies which may be related to deaths reviewed by the 115 review team. 116 (d) Whenever possible, develop communitywide approaches to 117 address causes of, and contributing factors to, deaths reviewed 118 by the review team. 119 (e) Develop recommendations and potential changes in law, 120 rules, and policies to support the care of elderly persons and 121 to prevent elder abuse deaths. 122 (4)(a) Review teams in this state may share with each other 123 any relevant information that pertains to the review of the 124 death of an elderly person. 125 (b) A review team member may not contact, interview, or 126 obtain information by request directly from a member of the 127 deceased elder’s family as part of the review unless a team 128 member is authorized to do so in the course of his or her 129 employment duties. A member of the deceased elder’s family may 130 voluntarily provide information or records to a review team. 131 (5)(a) Annually by September 1, each elder abuse fatality 132 review team shall submit a summary report to the Department of 133 Elderly Affairs which includes, but is not limited to: 134 1. Descriptive statistics regarding cases reviewed by the 135 review team, including demographic information on victims and 136 the causes and nature of deaths; 137 2. Current policies, procedures, rules, or statutes that 138 the review team identified as contributing to the incidence of 139 elder abuse and elder deaths, and recommendations for system 140 improvements and needed resources, training, or information 141 dissemination to address those identified issues; 142 3. Any other recommendations to prevent deaths from elder 143 abuse or neglect, based on an analysis of the data and 144 information presented in the report; and 145 (b) Annually by November 1, the Department of Elderly 146 Affairs shall prepare a summary report of the review team 147 information required under paragraph (a). The department shall 148 provide the summary report to the Governor, the President of the 149 Senate, the Speaker of the House of Representatives, and the 150 Department of Children and Families. 151 (6) Information and records acquired by an elder abuse 152 fatality review team are not subject to discovery or 153 introduction into evidence in any civil or criminal action or 154 administrative or disciplinary proceeding by any state or local 155 government department or agency if the information or records 156 arose out of the matters that are the subject of review by a 157 review team, unless the information and records are not 158 discoverable from any other source. Information and records that 159 are available from other sources are not immune from discovery 160 or introduction into evidence solely because the information, 161 documents, or records were presented to or reviewed by a review 162 team. 163 (7) A person who has attended a meeting of an elder abuse 164 fatality review team or who has otherwise participated in the 165 activities authorized by this section may not be allowed or 166 required to testify in any civil, criminal, administrative, or 167 disciplinary proceeding as to any information or records 168 produced or presented to the review team during a meeting or 169 other activity authorized by this section, unless such testimony 170 is necessary to determine the information or records that were 171 available to the review team. However, this paragraph does not 172 prevent any person who testifies before the team or who is a 173 member of the team from testifying as to matters otherwise 174 within his or her knowledge. 175 (8) There is no monetary liability on the part of, and a 176 cause of action for damages may not arise against, any member of 177 an elder abuse fatality review team due to the performance of 178 his or her duties as a review team member in regard to any 179 discussions by, or deliberations or recommendations of, the team 180 or the member, unless such member acted in bad faith, with 181 wanton and willful disregard of human rights, safety, or 182 property. 183 (9) Elder abuse fatality review teams and their members may 184 not disclose any information that is confidential pursuant to 185 law. 186 Section 2. This act shall take effect July 1, 2019.