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.