This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1243b.SAC
DATE: 2/15/2022
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 1243 Pub. Rec. and Meetings/Elder Abuse Fatality Review Teams
SPONSOR(S): Children, Families & Seniors Subcommittee, Hawkins
TIED BILLS: IDEN./SIM. BILLS: SB 1594
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Children, Families & Seniors Subcommittee 13 Y, 1 N, As CS Morris Brazzell
2) State Affairs Committee Landry Williamson
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.
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 it is otherwise
protected by a public record exemption.
The bill creates public record and public meeting exemptions related to EA-FRTs. The bill provides that any
information obtained by an EA-FRT for the purposes of conducting a case review that is confidential or exempt
from public records requirements remains confidential or exempt when held by an EA-FRT. The bill also
creates a public record exemption for information contained in a record created or held by an EA-FRT that
reveals:
The identity of an elder abuse victim;
The location, address, or other identifying information of a victim’s residence or residential facility;
The identity of any person reporting abuse, neglect, or exploitation to the central abuse hotline; or
Information otherwise protected and that is related to domestic violence fatality review teams.
The bill creates a public meeting exemption for portions of an EA-FRT meeting during which the confidential or
exempt information is discussed.
The bill provides that the public record 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 through reenactment
by the Legislature.
The bill provides an effective date of July 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 and public meeting exemption; thus, it requires a two-thirds vote for
final passage. STORAGE NAME: h1243b.SAC PAGE: 2
DATE: 2/15/2022
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.
Public policy regarding access to government records is addressed further in s. 119.07(1)(a), F.S.,
which guarantees every person a right to inspect and copy any state, county, or municipal record,
unless the record is exempt.
Public Meetings
Article I, s. 24(b) of the Florida Constitution requires all meetings of any collegial public body of the
executive branch of state government or any collegial public body of a county, municipality, school
district, or special district, at which official acts are to be taken or at which public business of such body
is to be transacted or discussed, be open and noticed to the public.
Public policy regarding access to government meetings also is addressed in the Florida Statutes.
Section 286.011, F.S., known as the “Government in the Sunshine Law” or “Sunshine Law,” further
requires all meetings of any board or commission of any state agency or authority, or of any agency or
authority of any county, municipality, or political subdivision, at which official acts are to be taken be
open to the public at all times.
1
The board or commission must provide reasonable notice of all public
meetings.
2
Public meetings may not be held at any location that discriminates on the basis of sex, age,
race, creed, color, origin, or economic status or that operates in a manner that unreasonably restricts
the public’s access to the facility.
3
Minutes of a public meeting must be promptly recorded and open to
public inspection.
4
Failure to abide by public meeting requirements will invalidate any resolution, rule, or
formal action adopted at a meeting.
5
A public officer or member of a governmental entity who violates
the Sunshine Law is subject to civil and criminal penalties.
6
Public Record and Public Meeting Exemptions
The Legislature may provide by general law for the exemption of records and meetings from the
requirements of Art. I, s. 24(a) and (b) of the Florida Constitution.
7
The general law must state with
specificity the public necessity justifying the exemption
8
and must be no broader than necessary to
accomplish its purpose.
9
Furthermore, the Open Government Sunset Review Act
10
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:
1
Section 286.011(1), F.S.
2
Id.
3
Section 286.011(6), F.S.
4
Section 286.011(2), F.S.
5
Section 286.011(1), F.S.
6
Section 286.011(3), F.S. Penalties include a fine of up to $500 or a second degree misdemeanor, which is punishable by up to 60
days imprisonment and a $500 fine.
7
Art. I, s. 24(c), FLA. CONST.
8
This portion of a public record exemption is commonly referred to as a “public necessity statement.”
9
Art. I, s. 24(c), FLA. CONST.
10
Section 119.15, F.S. STORAGE NAME: h1243b.SAC PAGE: 3
DATE: 2/15/2022
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.
11
The Open Government Sunset Review Act requires the automatic repeal of a public record or public
meeting exemption on October 2nd of the fifth year after creation or substantial amendment, unless the
Legislature reenacts the exemption.
12
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
13
to 80.8 million by 2040.
14
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.
15
In 2020, Florida had an estimated 4.5 million
people age 65 or older, approximately 21 percent of the state’s population.
16
By 2030, this number is
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.
17
Elder populations are vulnerable to abuse and exploitation due to risk factors associated with aging,
such as physical and mental infirmities and social isolation.
18
In Florida, almost 1.5 million senior
citizens live in medically underserved areas and 758,000 suffer from one or more disabilities.
19
According to the Department of Justice, approximately one in 10 seniors is abused each year in the
United States, though incidents of elder abuse are reported to local authorities in one out of every 23
cases.
20
Elder abuse can have significant physical and emotional effects on an older adult and can lead
to premature death.
21
Abused seniors are twice as likely to be hospitalized and three times more likely
to die than non-abused seniors.
22
11
Section 119.15(6)(b), F.S.
12
Section 119.15(3), F.S.
13
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).
14
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/2020ProfileOlderA mericans.Final_.pdf (last visited
Jan. 26, 2022).
15
Id.
16
U.S. Census Bureau, Quick Facts – Florida, https://www.census.gov/quickfacts/fact/table/FL# (last visited Jan. 26, 2022).
17
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).
18
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).
19
Department of Elder Affairs, 2021 Profile of Older Floridians, https://elderaffairs.org/wp-content/uploads/2021_Florida-Profile.pdf
(last visited Jan. 26, 2022).
20
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).
21
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).
22
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). STORAGE NAME: h1243b.SAC PAGE: 4
DATE: 2/15/2022
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.
23
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.
24
Research shows that elder abuse is underreported, often because the victims fear
retribution or care for or trust their perpetrators.
25
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.
26
Experts believe this may be one
of the reasons elder abuse lags behind child abuse and domestic violence in research, awareness, and
systemic change.
27
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 the Fifth
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.
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
28
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.
Central Abuse Hotline
The Department of Children and Families (DCF) maintains a statewide 24/7 toll-free central abuse
hotline where anyone can report known or suspected abuse, neglect, or exploitation.
29
This includes,
but is not limited to, vulnerable adults. Any person who knows or has reasonable cause to suspect
abuse, neglect, or exploitation of a vulnerable adult is required to immediately report this knowledge or
suspicion to the central abuse hotline.
30
The hotline number must be provided to clients in nursing
23
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).
24
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).
25
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).
26
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).
27
Id. at pp. 7-10.
28
See s. 119.011(3), F.S.
29
Section 415.103(1), F.S.
30
Section 415.1034(1), F.S. STORAGE NAME: h1243b.SAC PAGE: 5
DATE: 2/15/2022
homes
31
and publicly displayed in every health facility licensed by the Agency for Health Care
Administration (AHCA).
32
The number is also listed on the agency websites for DCF, AHCA, and the
Department of Elder Affairs (DOEA).
33
Additionally, any person who is required to investigate allegations of abuse, neglect, or exploitation,
and who has reasonable cause to suspect that a vulnerable adult died as result of such harm, must
report that suspicion to DCF, the medical examiner, and the appropriate criminal justice agency.
34
Medical examiners in turn are required to consider this information in their cause of death
determinations and report their findings to DCF and the appropriate criminal justice agency and state
attorney.
35
All records concerning reports of abuse, neglect, or exploitation of a vulnerable adult, including reports
made to the central hotline, and all records generated as a result of such reports are confidential and
exempt
36
from public disclosure.
37
Meetings wherein such information is discussed are not exempt from
public meeting requirements.
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 that is confidential or exempt from public records requirements remains
confidential or exempt when held by an EA-FRT. The bill also creates a public record exemption for
information contained in a record created or held by an EA-FRT that reveals:
The identity of an elder abuse victim;
The location, address, or other identifying information of a victim’s residence or residential
facility;
The identity of any person reporting abuse, neglect, or exploitation to the central abuse hotline;
or
Information otherwise protected under s. 741.316, F.S., or s. 741.3165, F.S., related to
domestic violence fatality review teams.
The bill creates a public meeting exemption for portions of an EA-FRT meeting during which the
confidential or exempt information is discussed.
The bill provides that the public record 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
through reenactment by the Legislature.
31
Section 408.810(5)(a)2., F.S.
32
Section 400.141(1)(m), F.S.; AHCA poster can be found here:
https://ahca.myflorida.com/MCHQ/Health_Facility_Regulation/Long_Term_Care/docs/Nursing_Homes/Posters/NURSING_HOME_
POSTER_ENGLISH_LETTER.pdf (last visited Feb. 3, 2022).
33
Department of Children and Families, Report Abuse Neglect or Exploitation, http://www.myflfamilies.com/service-programs/abuse-
hotline/report-online (last visited Feb. 3, 2022); Agency for Health Care Administration, Complaint Administration Unit,
http://ahca.myflorida.com/MCHQ/Field_Ops/CAU.shtml (last visited Feb. 3, 2022). Department of Elder Affairs, Elder Abuse
Prevention Program, http://elderaffairs.state.fl.us/doea/abuse_prevention.php (last visited Feb. 3, 2022).
34
Section 415.1034(2), F.S.
35
Section 415.1034(2), F.S.
36
There is a difference between records the Legislature designates as exempt from public record requirements and those the
Legislature deems confidential and exempt. A record classified as exempt from public disclosure may be disclosed under certain
circumstances. See WFTV, Inc. v. The School Board of Seminole, 874 So.2d 48, 53 (Fla. 5th DCA 2004), review denied 892 So.2d
1015 (Fla. 2004); City of Riviera Beach v. Barfield, 642 So.2d 1135 (Fla. 4th DCA 1994); Williams v. City of Minneola, 575 So.2d
687 (Fla. 5th DCA 1991). If the Legislature designates a record as confidential and exempt from public disclosure, such record may
not be released by the custodian of public records to anyone other than the persons or entities specifically designated in statute. See
Attorney General Opinion 85-62 (August 1, 1985).
37
Section 415.107, F.S. STORAGE NAME: h1243b.SAC PAGE: 6
DATE: 2/15/2022
The bill provides a public necessity statement as required by the State Constitution. The public
necessity statement provides that the protection of such information is necessary to facilitate open
communication and coordination among EA-FRT members. Additionally, the public record exemption is
needed to protect sensitive personal information concerning elder abuse victims and their caregivers,
and persons reporting to the central abuse hotline. Additionally, the public necessity statement provides
that failing to close portions of meetings where the identity of a victim; the location, address, or other
identifying information of a victim’s residence or residential facility; the identity of any person reporting
abuse, neglect, or exploitation to the central hotline; any information which is otherwise exempt or
confidential is discussed would defeat the purpose of the public record exemption created by the bill.
The bill provides an effective date of July 1, 2022.
B. SECTION DIRECTORY:
Section 1: Creates s. 415.1103, F.S., relating to public record and public meeting exemptions for
elder abuse fatality review teams.
Section 2: Provides a public necessity statement.
Section 3: Provides an effective date of July 1, 2022.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
The bill may have a minimal fiscal impact on an EA-FRT because task force staff responsible for
complying with public record requests may require training related to the creation of the public
record exemption. The costs, however, would be absorbed as they are part of the day-to-day
responsibilities of the EA-FRT.
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: STORAGE NAME: h1243b.SAC PAGE: 7
DATE: 2/15/2022
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 and public meeting 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 and public
meeting 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.
B. RULE-MAKING AUTHORITY:
Rulemaking authority is not needed to implement the provisions of the bill.
C. DRAFTING ISSUES OR OTHER COMMENTS:
The bill creates a public record exemption for any information that reveals “the location, address, or
other identifying information of the victim’s residence or residential facility.” It is unclear what types of
information this may include other than an address. In addition, it protects information protected under
ss. 741.316 and 741.3165, F.S., which relate to domestic violence fatality review teams. It is unclear
whether the EA-FRT is receiving the protected information from the domestic violence fatality review
teams or if the bill is attempting to protect information of a similar nature. If it is the former, then the
provision specifying the protection appears unnecessary since the bill already provides a public record
exemption for confidential or exempt information obtained by an EA-FRT.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
On February 3, 2022, the Children, Families & Seniors Subcommittee adopted an amendment and
reported the bill favorably as a committee substitute. The amendment creates an exemption from pubic
record and pubic meeting requirements, when contained in a record created or held by an EA-FRT, the:
Identity of an elder abuse victim;
Location, address, or other identifying information of the victim’s residence or residential facility; and
Identity of the person reporting to the central abuse hotline.
This analysis is drafted to the committee substitute as passed by the Children, Families & Seniors
Subcommittee.