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.