Florida Senate - 2019 CS for CS for CS for SB 452 By the Committees on Governmental Oversight and Accountability; Judiciary; and Children, Families, and Elder Affairs; and Senator Gibson 585-03510-19 2019452c3 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; providing immunity from 24 monetary liability for review team members under 25 certain conditions; providing an effective date. 26 27 Be It Enacted by the Legislature of the State of Florida: 28 29 Section 1. Section 415.1103, Florida Statutes, is created 30 to read: 31 415.1103 Elder abuse fatality review teams.— 32 (1)(a) An elder abuse fatality review team may be 33 established in each judicial circuit to review deaths of elderly 34 persons found to have been caused by, or related to, abuse or 35 neglect. The review teams are housed, for administrative 36 purposes only, in the Department of Elderly Affairs. 37 (b) An elder abuse fatality review team may include, but is 38 not limited to, representatives from the following entities in 39 the review team’s judicial circuit: 40 1. Law enforcement agencies; 41 2. The state attorney; 42 3. The medical examiner; 43 4. A county court judge; 44 5. Adult protective services; 45 6. The area agency on aging; 46 7. The State Long-Term Care Ombudsman Program; 47 8. The Agency for Health Care Administration; 48 9. The Office of the Attorney General; 49 10. The Office of the State Courts Administrator; 50 11. The clerk of the court; 51 12. A victim services program; 52 13. An elder law attorney; 53 14. Emergency services personnel; 54 15. A certified domestic violence center; 55 16. An advocacy organization for victims of sexual 56 violence; 57 17. A funeral home director; 58 18. A forensic pathologist; 59 19. A geriatrician; 60 20. A geriatric nurse; 61 21. A geriatric psychiatrist or other individual licensed 62 to offer behavioral health services; 63 22. A hospital discharge planner; 64 23. A public guardian; or 65 24. Any other persons who have knowledge regarding fatal 66 incidents of elder abuse, domestic violence, or sexual violence, 67 including knowledge of research, policy, law, and other matters 68 connected with such incidents involving elders, or who are 69 recommended for inclusion by the review team. 70 (c) A state attorney, or his or her designee, may initiate 71 the establishment of a review team in his or her judicial 72 circuit and may call the first organizational meeting of the 73 team. At the initial meeting, members of the review team shall 74 choose two members to serve as co-chairs and shall establish a 75 schedule for future meetings. 76 (d) Participation in a review team is voluntary. Members of 77 the review team shall serve without compensation and may not be 78 reimbursed for per diem or travel expenses. 79 (e) Members shall serve for terms of 2 years, to be 80 staggered as determined by the co-chairs. Chairs may be 81 reelected by a majority vote of the review team but not for more 82 than two consecutive terms. 83 (f) A review team shall determine the local operations of 84 the team, including, but not limited to, the process for case 85 selection. Reviews must be limited to closed cases in which an 86 elderly person’s death is found to have been caused by, or 87 related to, abuse or neglect. All identifying information 88 concerning the person must be redacted in documents received for 89 review. The review team shall meet at least once each fiscal 90 year. 91 (g) Administrative costs of operating the review team must 92 be borne by the team members or entities that they represent. 93 (2) An elder abuse fatality review team in existence on 94 July 1, 2019, may continue to exist and shall comply with the 95 requirements of this section. 96 (3) An elder abuse fatality review team shall do all of the 97 following: 98 (a) Review deaths of elderly persons in its judicial 99 circuit found to have been caused by, or related to, abuse or 100 neglect. 101 (b) Consider the events leading up to a fatal incident, 102 available community resources, current law and policies, and the 103 actions taken by systems or individuals related to the fatal 104 incident. 105 (c) Identify potential gaps, deficiencies, or problems in 106 the delivery of services to elderly persons by public and 107 private agencies which may be related to deaths reviewed by the 108 review team. 109 (d) Whenever possible, develop communitywide approaches to 110 address causes of, and contributing factors to, deaths reviewed 111 by the review team. 112 (e) Develop recommendations and potential changes in law, 113 rules, and policies to support the care of elderly persons and 114 to prevent elder abuse deaths. 115 (4)(a) Review teams in this state may share with each other 116 any relevant information that pertains to the review of the 117 death of an elderly person. 118 (b) A review team member may not contact, interview, or 119 obtain information by request directly from a member of the 120 deceased elder’s family as part of the review unless a team 121 member is authorized to do so in the course of his or her 122 employment duties. A member of the deceased elder’s family may 123 voluntarily provide information or records to a review team but 124 must be informed that such information or records are subject to 125 public disclosure unless a public records exemption applies. 126 (5)(a) Annually by September 1, each elder abuse fatality 127 review team shall submit a summary report to the Department of 128 Elderly Affairs which includes, but is not limited to: 129 1. Descriptive statistics regarding cases reviewed by the 130 review team, including demographic information on victims and 131 the causes and nature of deaths; 132 2. Current policies, procedures, rules, or statutes that 133 the review team identified as contributing to the incidence of 134 elder abuse and elder deaths, and recommendations for system 135 improvements and needed resources, training, or information 136 dissemination to address those identified issues; and 137 3. Any other recommendations to prevent deaths from elder 138 abuse or neglect, based on an analysis of the data and 139 information presented in the report. 140 (b) Annually by November 1, the Department of Elderly 141 Affairs shall prepare a summary report of the review team 142 information required under paragraph (a). The department shall 143 provide the summary report to the Governor, the President of the 144 Senate, the Speaker of the House of Representatives, and the 145 Department of Children and Families. 146 (6) There is no monetary liability on the part of, and a 147 cause of action for damages may not arise against, any member of 148 an elder abuse fatality review team due to the performance of 149 his or her duties as a review team member in regard to any 150 discussions by, or deliberations or recommendations of, the team 151 or the member, unless such member acted in bad faith, with 152 wanton and willful disregard of human rights, safety, or 153 property. 154 Section 2. This act shall take effect July 1, 2019.