The Florida Senate

415.107  Confidentiality of reports and records.--

(1)

(a)  In order to protect the rights of the individual or other persons responsible for the welfare of a disabled adult or an elderly person, all records concerning reports of abuse, neglect, or exploitation of the disabled adult or elderly person, including reports made to the central abuse registry and tracking system, and all records generated as a result of such reports shall be confidential and exempt from s. 119.07(1) and may not be disclosed except as specifically authorized by ss. 415.101-415.113.

(b)  Except for information identifying individuals, all records involving the death of a disabled adult or an elderly person as a result of abuse or neglect, including reports to the central abuse registry and tracking system, and all records generated as a result of such reports, must be released to the public within 10 days after the completion of the investigation.

(2)  Access to all records, excluding the name of the reporter which shall be released only as provided in subsection (6), shall be granted only to the following persons, officials, and agencies:

(a)  Employees or agents of the department, of the Agency for Health Care Administration, or of the Department of Elderly Affairs who are responsible for carrying out adult protective investigations, ongoing adult protective services, or licensure or approval of nursing homes, assisted living facilities, adult day care centers, adult family-care homes, home care for the elderly, hospices, or other facilities used for the placement of disabled adults or elderly persons.

(b)  A criminal justice agency investigating a report of known or suspected abuse, neglect, or exploitation of a disabled adult or an elderly person.

(c)  The state attorney of the judicial circuit in which the disabled adult or elderly person resides or in which the alleged abuse, neglect, or exploitation occurred.

(d)  Any person who is the subject of a report or the subject's guardian, caregiver, or legal counsel.

(e)  A court, by subpoena, upon its finding that access to such records may be necessary for the determination of an issue before the court; however, such access must be limited to inspection in camera, unless the court determines that public disclosure of the information contained in such records is necessary for the resolution of an issue then pending before it.

(f)  A grand jury, by subpoena, upon its determination that access to such records is necessary in the conduct of its official business.

(g)  Any appropriate official of the human rights advocacy committee or long-term care ombudsman council investigating a report of known or suspected abuse, neglect, or exploitation of a disabled adult or an elderly person.

(h)  Any appropriate official of the department, of the Agency for Health Care Administration, or of the Department of Elderly Affairs who is responsible for:

1.  Administration or supervision of the programs for the prevention, investigation, or treatment of adult abuse, neglect, or exploitation when carrying out an official function; or

2.  Taking appropriate administrative action concerning an employee alleged to have perpetrated institutional abuse, neglect, or exploitation of a disabled adult or an elderly person.

(i)  Any person engaged in bona fide research or auditing. However, information identifying the subjects of the report must not be made available to the researcher.

(j)  Employees or agents of an agency of another state that has jurisdiction comparable to the jurisdiction described in paragraph (a).

(k)  The Public Employees Relations Commission for the sole purpose of obtaining evidence for appeals filed pursuant to s. 447.207. Records may be released only after deletion of all information that specifically identifies persons other than the employee.

(3)  The Division of Administrative Hearings may have access to a proposed confirmed or a confirmed report, excluding the name of the reporter, for purposes of any administrative challenge relating to a proposed confirmed or confirmed report.

(4)  The Agency for Health Care Administration may have access to a confirmed report, excluding the name of the reporter, when taking disciplinary action against a licensee or certified nursing assistant for actions that resulted in a confirmed report of abuse, neglect, or exploitation which has been upheld following a chapter 120 hearing or a waiver of such proceedings.

(5)  The department may release to any professional person such information as is necessary for the diagnosis and treatment of, and service delivery to, a disabled adult or an elderly person or the person perpetrating the abuse, neglect, or exploitation.

(6)  The identity of any person reporting adult abuse, neglect, or exploitation may not be released, without that person's written consent, to any person other than employees of the department responsible for adult protective services, the central abuse registry and tracking system, or the appropriate state attorney. This subsection grants protection only for the person who reported the adult abuse, neglect, or exploitation and protects only the fact that the person is the reporter. This subsection does not prohibit the subpoena of a person reporting adult abuse, neglect, or exploitation when deemed necessary by the state attorney or the department to protect a disabled adult or an elderly person who is the subject of a report, if the fact that the person made the report is not disclosed.

(7)  For the purposes of this section, the term "access" means a visual inspection or copy of the hard-copy record maintained in the district.

(8)  The department, upon receipt of the applicable fee, shall search its central abuse registry and tracking system records pursuant to the requirements of ss. ¹39.076, 110.1127, 393.0655, 394.457, 397.451, 400.506, 400.509, 400.512, ²402.305(1), 402.3055, 402.313, 409.175, and 409.176 for the existence of a confirmed report made on the personnel as defined in the foregoing provisions. The department shall report the existence of any confirmed report and advise the authorized licensing agency, applicant for licensure, or other authorized agency or person of the results of the search and the date of the report. Prior to a search being conducted, the department or its designee shall notify such person that an inquiry will be made. The department shall notify each person for whom a search is conducted of the results of the search upon request.

(9)  Upon receipt of the applicable fee and with the written consent of a person applying to work with disabled adults or elderly persons, the department shall search its central abuse registry and tracking system for the existence of a confirmed report. The department shall advise the employer and the person of any such report found and the results of the investigation.

(10)  The department may charge a user fee to an employer or the agency in charge of a volunteer, whichever is applicable, for a search of the central abuse registry and tracking system of up to one-third of the actual cost of the screening process. All fees received by the department under this section shall be deposited in an administrative trust fund of the department and may be expended only for the caregiver screening program.

History.--ss. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, ch. 73-176; s. 1, ch. 77-174; ss. 3, 5, ch. 79-287; s. 15, ch. 79-298; s. 1, ch. 80-293; s. 1, ch. 83-82; s. 33, ch. 86-220; s. 32, ch. 87-238; s. 7, ch. 88-219; s. 18, ch. 88-337; s. 4, ch. 89-170; s. 30, ch. 89-294; s. 4, ch. 90-50; s. 7, ch. 90-208; s. 47, ch. 90-306; s. 4, ch. 91-57; s. 15, ch. 91-71; ss. 43, 47, ch. 92-58; s. 31, ch. 93-39; s. 15, ch. 93-214; s. 57, ch. 94-218; s. 38, ch. 95-210; s. 106, ch. 95-418; s. 267, ch. 96-406.

¹Note.--Transferred to s. 985.407 by s. 67, ch. 97-238.

²Note.--Redesignated as s. 402.305(2) by s. 2, ch. 91-300.