This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1243.CFS
DATE: 2/2/2022
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 1243 Pub. Rec. and Meetings/Elder Abuse Fatality Review Teams
SPONSOR(S): Hawkins
TIED BILLS: IDEN./SIM. BILLS: SB 1594
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Children, Families & Seniors Subcommittee Morris Brazzell
2) Government Operations Subcommittee
3) Health & Human Services Committee
SUMMARY ANALYSIS
Elder abuse fatality review teams (EA-FRT) are multidisciplinary, multiagency teams established in the state’s
judicial circuits to review elderly persons’ deaths alleged or found to have been caused by, or related to, abuse
or neglect. The state attorney or his or her designee initiates establishment of an EA-FRT in his or her judicial
circuit. An EA-FRT’s review includes consideration of the events leading up to a fatal incident, available
community resources, current law and policies, and the actions taken by public and private systems and
individuals related to the fatal incident. There are currently two EA-FRTs established by state attorneys in this
state; one in the Fourth Judicial Circuit and the other in Fifth Judicial Circuit.
The state attorney assigns closed cases to an EA-FRT, and he or she redacts identifying information from such
cases before assignment. A case is considered closed when it no longer contains active information related to
ongoing intelligence gathering, an ongoing investigation, or pending prosecutions or appeals. This means that
the only cases turned over by a state attorney to an EA-FRT for review are those cases which are no longer
active and are open for public inspection. Additionally, a victim’s family or any other person may voluntarily
provide information to an EA-FRT and an EA-FRT may share information with other EA-FRTs. Such
information is subject to public disclosure unless a current public records exemption applies.
The bill creates public record and public meeting exemptions related to EA-FRTs. Specifically, the bill provides
that any information obtained by an EA-FRT for the purposes of conducting a case review which is exempt
from public records requirements remains exempt when held by an EA-FRT. The bill also creates a public
record exemption for information contained in a record created by an EA-FRT which reveals the name of a
victim.
The bill creates a public meeting exemption for portions of an EA-FRT meeting in which the identity of the
victim or otherwise exempt or confidential information is discussed. Records created by an EA-FRT during
such portions of meetings are also exempt from public disclosure.
The bill provides that the public records and public meeting exemptions are subject to the Open Government
Sunset Review Act and will stand repealed on October 2, 2027, unless saved from repeal by reenactment by
the Legislature.
The bill provides an effective date of October 1, 2022.
Article I, s. 24(c) of the Florida Constitution requires a two-thirds vote of the members present and
voting for final passage of a newly created or expanded public record or public meeting exemption.
The bill creates a public record exemption; thus, it requires a two-thirds vote for final passage. STORAGE NAME: h1243.CFS PAGE: 2
DATE: 2/2/2022
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Public Records
Article I, s. 24(a) of the Florida Constitution sets forth the state’s public policy regarding access to
government records. This section guarantees every person a right to inspect or copy any public record
of the legislative, executive, and judicial branches of government. The Legislature, however, may
provide by general law for the exemption of records from the requirements of art. I, s. 24(a) of the
Florida Constitution.
1
The general law must state with specificity the public necessity justifying the
exemption
2
and must be no broader than necessary to accomplish its purpose.
3
Public policy regarding access to government records is addressed further in s. 119.07(1), F.S., which
guarantees every person a right to inspect and copy any state, county, or municipal record, unless the
record is exempt. Furthermore, the Open Government Sunset Review Act
4
provides that a public
record or public meeting exemption may be created or maintained only if it serves an identifiable public
purpose. In addition, it may be no broader than necessary to meet one of the following purposes:
5
Allow the state or its political subdivisions to effectively and efficiently administer a
governmental program, which administration would be significantly impaired without the
exemption.
Protect sensitive personal information that, if released, would be defamatory or would
jeopardize an individual’s safety; however, only the identity of an individual may be exempted
under this provision.
Protect trade or business secrets.
The Open Government Sunset Review Act requires the automatic repeal of a newly created public
record exemption on October 2nd of the fifth year after creation or substantial amendment, unless the
Legislature reenacts the exemption.
6
Elder Population in Florida
As the country’s “baby-boom” population reaches retirement age and life expectancy increases, the
nation’s elder population is projected to increase from 54.1 million in 2019
7
to 80.8 million by 2040.
8
Florida has long been a destination state for senior citizens and has the second highest percentage of
senior residents in the entire nation behind Maine.
9
In 2020, Florida had an estimated 4.5 million people
age 65 and older, approximately 21 percent of the state’s population.
10
By 2030, this number is
1
Article I, s. 24(c), Fla. Const.
2
This portion of a public record exemption is commonly referred to as a “public necessity statement.”
3
Article I, s. 24(c), Fla. Const.
4
Section 119.15, F.S.
5
Section 119.15(6)(b), F.S.
6
Section 119.15(3), F.S.
7
Press Release, U.S. Census Bureau, 65 and Older Population Grows Rapidly as Baby Boomers Age (June 25, 2020), Release
Number: CB20-99, https://www.census.gov/newsroom/press-releases/2020/65-older-population-grows.html (last visited Jan.
26, 2022).
8
U.S. Department of Health and Human Services Administration on Aging, 2020 Profile of Older Americans (May 2021),
https://acl.gov/sites/default/files/Aging%20and%20Disability%20in%20America/2020ProfileOlderAmericans.Final_.pdf (last visited Jan.
26, 2022).
9
Id.
10
U.S. Census Bureau, Quick Facts – Florida, https://www.census.gov/quickfacts/fact/table/FL# (last visited Jan. 26, 2022). STORAGE NAME: h1243.CFS PAGE: 3
DATE: 2/2/2022
projected to increase to 5.9 million, meaning the elderly will make up approximately one quarter of the
state’s population and will account for most of the state’s growth.
11
Elder populations are vulnerable to abuse and exploitation due to risk factors associated with aging,
such as physical and mental infirmities and social isolation.
12
In Florida, almost 1.5 million senior
citizens live in medically underserved areas and 758,000 suffer from one or more disabilities.
13
According to the Department of Justice, approximately 1 in 10 seniors is abused each year in the
United States, though incidents of elder abuse are reported to local authorities in 1 out of every 23
cases.
14
Elder abuse can have significant physical and emotional effects on an older adult and can lead
to premature death.
15
Abused seniors are twice as likely to be hospitalized and three times more likely
to die than non-abused seniors.
16
Elder abuse occurs in community settings, such as private homes, as well as in institutional settings like
nursing homes and other long-term care facilities. Prevalent forms of abuse are financial exploitation,
neglect, emotional or psychological abuse, and physical abuse; however, an elder abuse victim will
often experience multiple forms of abuse at the same time.
17
The most common perpetrators of elder
abuse are relatives, such as adult children or a spouse, followed by friends and neighbors, and then
home care aides.
18
Research shows that elder abuse is underreported, often because the victims fear
retribution or care for or trust their perpetrators.
19
Elder abuse deaths are more likely to go undetected
because an elder death is expected to occur, given age or infirmity, more so than other deaths due to
abuse such as a child death or a death involving domestic violence.
20
Experts believe this may be one
of the reasons elder abuse lags behind child abuse and domestic violence in research, awareness, and
systemic change.
21
Elder Abuse Fatality Review Teams
Elder abuse fatality review teams (EA-FRT) are multidisciplinary, multiagency teams established in the
state’s judicial circuits to review elderly persons’ deaths alleged or found to have been caused by, or
related to, abuse or neglect. Additionally, an EA-FRT identifies any gaps, deficiencies, or problems in
the delivery of services related to the fatal incident.
The state attorney or his or her designee initiates establishment of an EA-FRT in his or her judicial
circuit and calls the first organizational meeting of the team. There are currently two EA-FRTs
established by state attorneys in this state; one in the Fourth Judicial Circuit and the other in Fifth
Judicial Circuit.
11
Florida Office of Economic & Demographic Research, Florida Population by Age Group, http://edr.state.fl.us/Content/population-
demographics/data/pop_census_day-2020.pdf (last visited Jan. 26, 2022).
12
National Center on Elder Abuse, What are the Risk Factors?, https://ncea.acl.gov/About-Us/What-We-Do/Research/Statistics-and-
Data.aspx#risk (last visited Jan. 26, 2022); U.S. Department of Justice, What is Elder Abuse, https://www.justice.gov/elderjustice/about-
elder-abuse (last visited Jan. 26, 2022). See also, Xing Qi Dong et al., Elder Abuse as a Risk Factor for Hospitalization in Older
Persons, JAMA Intern Med. 173:10 at 911-917 (2013).
13
Department of Elder Affairs, 2021 Profile of Older Floridians, https://elderaffairs.org/wp-content/uploads/2021_Florida-Profile.pdf (last
visited Jan. 26, 2022).
14
U.S. Department of Justice, Elder Justice Initiative, https://www.justice.gov/elderjustice (last visited Jan. 26, 2022). See also, Ron
Acierno et al., Prevalence and Correlates of Emotional, Physical, Sexual, and Financial Abuse and Potential Neglect in the United
States: The National Elder Mistreatment Study, 100:2 Am. J. Pub. Health, at 292-297 (Feb. 2010),
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2804623/ (last visited Jan. 26, 2022).
15
U.S. Department of Justice, Elder Justice Initiative, https://www.justice.gov/elderjustice (last visited Jan. 26, 2022). See also, Mark S.
Lachs et al., The Mortality of Elder Mistreatment, 280:5 JAMA at 428-432 (1998),
https://jamanetwork.com/journals/jama/fullarticle/187817 (last visited Jan. 26, 2022).
16
U.S. Department of Justice, Elder Justice Initiative, https://www.justice.gov/elderjustice (last visited Jan. 26, 2022). See also, Xing Qi
Dong et al., Elder Abuse as a Risk Factor for Hospitalization in Older Persons, JAMA Intern Med. 173:10 at 911-917 (2013).
17
National Center on Elder Abuse, Behavioral Health, Social Conditions, Violence, and Elder Mistreatment, https://ncea.acl.gov/What-
We-Do/Research/Statistics-and-Data.aspx (last visited Jan. 26, 2022).
18
National Center on Elder Abuse, Perpetrator Identity, https://ncea.acl.gov/About-Us/What-We-Do/Research/Statistics-and-
Data.aspx#perpetrators (last visited Jan. 26, 2022).
19
Center for Disease Control and Prevention, Understanding Elder Abuse, Fact Sheet 2021,
https://www.cdc.gov/violenceprevention/pdf/elder/preventingElderAbuseFactsheet.pdf (last visited Jan. 26, 2022).
20
U.S. Department of Justice, National Institute of Justice, Elder Justice Roundtable Report: Medical Forensic Issues Concerning
Abuse and Neglect, October 18, 2000, p. 8, https://www.ncjrs.gov/pdffiles1/nij/242221.pdf (last visited Jan. 26, 2022).
21
Id. at pp. 7-10. STORAGE NAME: h1243.CFS PAGE: 4
DATE: 2/2/2022
An EA-FRT’s review includes consideration of the events leading up to a fatal incident, available
community resources, current law and policies, and the actions taken by public and private systems
and individuals related to the fatal incident.
The state attorney assigns closed cases to an EA-FRT, and he or she redacts identifying information
from such cases before assignment. A case is considered closed when it no longer contains active
22
information related to ongoing intelligence gathering, an ongoing investigation, or pending prosecutions
or appeals. This means that the only cases turned over by a state attorney to an EA-FRT for review are
those cases which are no longer active and are open for public inspection. Additionally, a victim’s family
or any other person may voluntarily provide information to an EA-FRT and an EA-FRT may share
information with other EA-FRTs. Such information is subject to public disclosure unless a current public
records exemption applies.
Effect of the Bill
The bill creates public record and public meeting exemptions related to EA-FRTs.
Specifically, the bill provides that any information obtained by an EA-FRT for the purposes of
conducting a case review which is exempt from public records requirements remains exempt when held
by an EA-FRT.
The bill creates a public record exemption for information contained in a record created by an EA-FRT
which reveals the name of a victim.
The bill creates a public meeting exemption for portions of an EA-FRT meeting in which the identity of
the victim or otherwise exempt or confidential information is discussed. Records created by an EA-FRT
during such portions of meetings are also exempt from public disclosure.
The bill provides that the public records and public meeting exemptions are subject to the Open
Government Sunset Review Act and will stand repealed on October 2, 2027, unless saved from repeal
by reenactment by the Legislature.
The bill provides a public necessity statement for the public records exemption, as required by the
State Constitution, and states that the protection of such information is necessary to facilitate open
communication and coordination among EA-FRT members.
Additionally, the bill provides a statement of public necessity for the public meeting exemption, as
required by the State Constitution, and states that failing to close portions of meetings where the
identity of a victim is discussed, as well as exempting records created in such meetings, would defeat
the purpose of the public record exemption for the identity of the victim created by the bill. Further, the
public record and public meeting exemption are narrowly tailored to apply to only certain portions of
EA-FRT meetings and the records created in such portions of meetings, allowing for public oversight.
The bill provides an effective date of October 1, 2022.
B. SECTION DIRECTORY:
Section 1: Amends s. 415.1103, F.S., relating to elder abuse fatality review teams.
Section 2: Provides a public necessity statement.
Section 3: Provides an effective date of October 1, 2022.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
22
See s. 119.011(3), F.S. STORAGE NAME: h1243.CFS PAGE: 5
DATE: 2/2/2022
1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. This bill does not appear to affect county or municipal governments.
2. Other:
Vote Requirement
Article I, s. 24(c) of the Florida Constitution requires a two-thirds vote of the members present and
voting for final passage of a newly created or expanded public record or public meeting exemption.
The bill creates a public record exemption; thus, it requires a two-thirds vote for final passage.
Public Necessity Statement
Article I, s. 24(c) of the Florida Constitution requires a public necessity statement for a newly created
or expanded public record or public meeting exemption. The bill creates a public record exemption;
thus, it includes a public necessity statement.
Breadth of Exemption
Article I, s. 24(c) of the State Constitution provides that an exemption must be created by general law
and the law must contain only exemptions from public record or public meeting requirements. The
exemption does not appear to be in conflict with the constitutional requirement.
B. RULE-MAKING AUTHORITY:
Rulemaking authority is not needed to implement the provisions of the bill.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
STORAGE NAME: h1243.CFS PAGE: 6
DATE: 2/2/2022
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES