Florida 2023 2023 Regular Session

Florida House Bill H1567 Analysis / Analysis

Filed 03/20/2023

                    This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives. 
STORAGE NAME: h1567.CFS 
DATE: 3/20/2023 
 
HOUSE OF REPRESENTATIVES STAFF ANALYSIS  
 
BILL #: HB 1567    Elder and Vulnerable Adult Abuse Fatality Review Teams 
SPONSOR(S): Hawkins 
TIED BILLS:  HB 1569 IDEN./SIM. BILLS: SB 1540 
 
REFERENCE 	ACTION ANALYST STAFF DIRECTOR or 
BUDGET/POLICY CHIEF 
1) Children, Families & Seniors Subcommittee 	Osborne Brazzell 
2) Health & Human Services Committee   
SUMMARY ANALYSIS 
In 2022, Florida had an estimated 4.7 million people age 65 and older, approximately 21 percent of the state’s 
population. Mental and physical infirmities associated with aging and social isolation make elders vulnerable to 
abuse, which increases their rates of hospitalization and hastens death. One in 10 elders is abused, but 
incidents of elder abuse are reported in less than 5 percent of cases, primarily because the most common 
perpetrator is a relative, friend, neighbor, or caregiver whom the elder trusts or fears. 
 
In 2020, the Legislature authorized the creation of multidisciplinary, multiagency elder abuse fatality review 
team (EA-FRT) in each judicial circuit to review closed cases where the death of an elderly person was caused 
by, or related to, abuse or neglect. An EA-FRT may only be initiated by a state attorney, and may only review 
closed cases which have been referred by the state attorney and redacted according to public records 
exemptions. This limits EA-FRTs to reviewing cases which have been opened or criminally prosecuted by the 
state attorney’s office. 
 
There are currently two EA-FRTs established by state attorneys in the state; one in the Fourth Judicial Circuit 
and the other in Fifth Judicial Circuit. The 2
nd
 Annual Report from the Fourth Judicial Circuit’s EA-FRT included 
a series of recommendations for changes to allow a more comprehensive review of cases. The 
recommendations included removing the statutory restrictions on the types of cases which an EA-FRT may 
review, removing the requirement that EA-FRTs be initiated by a state attorney, and creating public records 
and meeting exemptions so that EA-FRTs may meaningfully engage in case review. 
 
HB 1567 expands the scope of the existing EA-FRTs to include vulnerable adults and changes their name to 
the Elder and Vulnerable Adult Abuse Review Teams (review teams). The bill also expands the scope to 
include “near fatal” incidents and incidents which are the result of exploitation and expands membership. The 
bill creates provisions to protect individuals interviewed and information collected by review teams from being 
used in a civil or criminal trial. 
 
HB 1567 allows any members permitted to serve to create a review team. The bill removes the provision that 
restricted review teams to reviewing only closed cases which have been referred and redacted by a state 
attorney; thus, taken together with the public records and public meetings exemptions authorized in the tied 
bill, these teams would then be permitted to meet in a closed meeting and view confidential and exempt 
records as well as contact the members of a deceased elder’s family.  
 
The bill has no fiscal impact on state or local governments.   
 
The bill provides an effective date of July 1, 2023.   STORAGE NAME: h1567.CFS 	PAGE: 2 
DATE: 3/20/2023 
  
FULL ANALYSIS 
I.  SUBSTANTIVE ANALYSIS 
 
A. EFFECT OF PROPOSED CHANGES: 
Current Situation 
 
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
1
 to 80.8 million by 2040.
2
 
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.
3
 In 2022, Florida had an estimated 4.7 million people 
age 65 and older, approximately 21 percent of the state’s population.
4
 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.
5 
 
 
National Distribution of Population Ages 65 and Older (2021)
6
 
 
In Florida, almost 1.5 million senior citizens live in medically underserved areas and 758,000 have one 
or more disabilities.
7
 
Abuse of Elderly Persons and Vulnerable Adults 
 
                                                
1
 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 March 19, 2023). 
2
 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 
March 19, 2023). 
3
 Id. 
4
 U.S. Census Bureau, Quick Facts – Florida. Available at https://www.census.gov/quickfacts/fact/table/FL# (last visited Jan. 26, 2022). 
5
  Florida Office of Economic & Demographic Research, Florida Population by Age Group. Available at 
http://edr.state.fl.us/Content/population-demographics/data/pop_census_day-2020.pdf  (last visited March 19, 2023). 
6
 Kaiser Family Foundation, State Health Facts, Population Distribution by Age, https://www.kff.org/other/state-indicator/distribution-by-
age/ (last visited Feb. 13, 2020). Kaiser Family Foundation, State Health Facts, Population Distribution by Age. Available at 
https://www.kff.org/other/state-indicator/distribution-by-age/ (last visited March 19, 2023). 
7
 Department of Elder Affairs, 2021 Profile of Older Floridians. Available at https://elderaffairs.org/wp-content/uploads/2021_Florida-
Profile.pdf (last visited March 19, 2023).  STORAGE NAME: h1567.CFS 	PAGE: 3 
DATE: 3/20/2023 
  
Under Chapter 415, F.S., the Adult Protective Services Act, a “vulnerable adult” is considered a person 
18 years of age or older whose ability to perform the normal activities of daily living or to provide for his 
or her own care or protection is impaired due to a mental, emotional, sensory, long-term physical, or 
developmental disability or dysfunction, or brain damage, or the infirmities of aging.
8
 The term implicitly 
includes elderly persons, but also incorporates disabled adults and other adults whom the Legislature 
has determined to be at risk of abuse, neglect, and exploitation, and in need of protective services.
9
 
 
Elder populations are particularly vulnerable to abuse and exploitation due to risk factors associated 
with aging, such as physical and mental infirmities and social isolation.
10
 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.
11
 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.
12
 
 
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.
13
 Elder abuse can have significant physical and emotional effects on an older adult and can lead 
to premature death.
14
 Abused seniors are twice as likely to be hospitalized and three times more likely 
to die than non-abused seniors.
15
 Research shows that elder abuse is underreported, often because 
the victims fear retribution or care for or trust their perpetrators.
16
 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.
17
 Experts believe 
this may be one of the reasons elder abuse lags behind child abuse and domestic violence in research, 
awareness, and systemic change.
18
 
 
Florida’s Adult Protective Services System 
 
Florida’s Adult Protective Services system is established in ch. 415, F.S., and operates under the 
Department of Children and Families (DCF). DCF protects vulnerable adults from abuse, neglect, and 
exploitation through mandatory reporting and investigation of suspected abuse.
 19
 This includes deaths 
allegedly due to abuse, neglect, and exploitation.
20 
In FY 2018-19, DCF received 37,145 reports of 
abuse, neglect, or exploitation of persons aged 60 years or older and investigated 252 deaths in which 
                                                
8
 S. 415.102(28), F.S. 
9
 S. 415. 101, F.S. 
10
 National Center on Elder Abuse, Research, Statistics, and Data: Risk Factors and Protective Factors. Available at 
https://ncea.acl.gov/About-Us/What-We-Do/Research/Statistics-and-Data.aspx#risk (last visited March 19, 2023); U.S. Department of 
Justice, What is Elder Abuse. Available at https://www.justice.gov/elderjustice/about-elder-abuse (last visited March 19, 2023). 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). 
11
 National Center on Elder Abuse, Research, Statistics, and Data Behavioral Health: Social Conditions, Violence, and Elder 
Mistreatment. Available at https://ncea.acl.gov/What-We-Do/Research/Statistics-and-Data.aspx (last visited March 19, 2023). 
12
 National Center on Elder Abuse, Research, Statistics, and Data: Perpetrator Identity. Available at https://ncea.acl.gov/About-
Us/What-We-Do/Research/Statistics-and-Data.aspx#perpetrators (last visited March 19, 2023). 
13
 U.S. Department of Justice, Elder Abuse Statistics. Available at https://www.justice.gov/file/1098056/download (last visited March 19, 
2023). 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 March 19, 2023). 
14
 Id. 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 March 19, 2023). 
15
 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). 
16
 Center for Disease Control and Prevention, Understanding Elder Abuse, Fact Sheet 2021. Available at 
https://www.cdc.gov/violenceprevention/pdf/elder/preventingElderAbuseFactsheet.pdf (last visited Jan. 26, 2022). 
17
 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. Available at https://www.ncjrs.gov/pdffiles1/nij/242221.pdf (last visited March 19, 2023). 
18
 Id. at pp. 7-10. 
19
 S. 415.101(2), F.S.   
20
 Department of Children and Families, CF Operating Procedure No. 140-2: Adult Protective Services (2022), pp. 4-9 - 4-10. Available 
at https://www.myflfamilies.com/sites/default/files/2022-12/cfop_140-02_adult_protective_services.pdf (last visited March 19, 2023).  STORAGE NAME: h1567.CFS 	PAGE: 4 
DATE: 3/20/2023 
  
the death was allegedly due to abuse or neglect.
21
 During that same fiscal year, DCF verified 6,277 
allegations of abuse or neglect, 34 of which involved a fatality.
22
 Eighty-one (81) percent of these 
reports were from in-home settings, which is consistent with the research findings that relatives, friends, 
or caregivers are the primary perpetrators of elder abuse. 
 
Confidentiality of Reports and Records Concerning Vulnerable Adults 
 
Current law protects all records concerning reports of abuse, neglect, or exploitation of a vulnerable 
adult, including reports made to the central abuse hotline operated by DCF,
23
 and all records generated 
as a result of those reports are confidential and exempt
24
 from public record requirements.
25
 Access
26
 
to these records is granted only to the following entities in specified circumstances: 
 
 DCF, Agency for Health Care Administration (AHCA), Department of Elder Affairs (DOEA), and 
Agency for Persons with Disabilities (APD) employees or agents with certain relevant 
responsibilities, or the employees or agents of an agency of another state with jurisdiction 
similar to those agencies; 
 A criminal justice agency investigating a report of known or suspected abuse, neglect, or 
exploitation of a vulnerable adult; 
 The state attorney of the judicial circuit in which the vulnerable adult resides or in which the 
alleged abuse, neglect, or exploitation occurred; 
 Any victim, the victim’s guardian, caregiver, or legal counsel, and any person whom DCF has 
determined might be abusing, neglecting, or exploiting the victim; 
 A court; 
 A grand jury, by subpoena upon its determination that access to such records is necessary; 
 An official of the Florida advocacy council, State Long-Term Care Ombudsman program, or 
long-term care ombudsman council; 
 Any person engaged in bona fide research or auditing, so long as the identifying information is 
not made available; 
 The Public Employees Relations Commission for the sole purpose of obtaining evidence for 
appeals; and 
 Any person in the event of the death of a vulnerable adult determined to be a result of abuse, 
neglect, or exploitation.
27
 
 
Additionally, the identity of any person reporting abuse, neglect, or exploitation of a vulnerable adult 
may not be released, without that person’s consent, to any person other than the employees of DCF 
responsible for protective services, the central abuse hotline, or the appropriate state attorney or law 
enforcement agency.
28
 
 
 
 Central Abuse Hotline 
 
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 
                                                
21
 Email from Lindsey Zander, Deputy Director of Legislative Affairs, Department of Children and Families, RE: APS Statistics (Oct. 30, 
2019) (On file with House Health and Human Services Committee staff). 
22
 Id. 
23
 S. 415.103(1), F.S. 
24
 There is a difference between records the Legislature designates 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. Sch. Bd. 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 683, 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 Op. Att’y Gen. Fla. 85-
62 (1985). 
25
 S. 415.107, F.S.  
26
 The term “access” is defined to mean a visual inspection or copy of the hard-copy record maintained in the district. S. 415.07(7), F.S. 
27
 S. 415.107(3), F.S.  
28
 S. 415.107(6), F.S.  
29
 S. 415.103(1), F.S.  STORAGE NAME: h1567.CFS 	PAGE: 5 
DATE: 3/20/2023 
  
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 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 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
 
 
Protective Investigations 
 
Once DCF believes there is reasonable cause to suspect abuse or neglect of a vulnerable adult, they 
begin an investigation within 24 hours, conducted in cooperation with law enforcement and the state 
attorney.
36
 DCF investigators determine, among other things, whether the vulnerable adult is in need of 
services, whether there is evidence of abuse, neglect or exploitation, the nature and extent of any 
harm, and what is necessary to ensure the victim’s safety and well-being.
37
 DCF investigators must 
complete their investigations and submit their recommendations within 60 days of the initial report.
38
 If 
DCF determines that a victim is in need of protective services or supervision, it will provide or facilitate 
the provision of those services to the victim.
39
 If a victim dies during an open investigation, DCF 
investigators must verify the cause of death before closing the case to determine if the death was 
related to abuse or neglect.
40
  
 
If there is a report that a death occurred due to elder abuse, neglect, or exploitation, the DCF 
investigator notifies the department’s regional registered nurse specialist (RNS) within 24 hours.
41
 If the 
alleged victim resided with other vulnerable adults, DCF conducts an on-site investigation to ensure the 
safety of these individuals as well.
42
 The DCF investigator and RNS work together to gather all relevant 
medical investigative information, including, but not limited to, medical records, the death certificate, the 
autopsy report, and specific questions to be included in the investigative process.
43
 The DCF 
investigators also gather other relevant information such as copies of any related law enforcement 
investigations, criminal history and abuse reports relating to the alleged perpetrator, and prior adult 
protective services records relating to the victim or perpetrator, including the facilities where the death 
occurred.
44
  
                                                
30
 S. 415.1034(1), F.S. 
31
 S. 408.810(5)(a)2., F.S. 
32
 S. 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_POS
TER_ENGLISH_LETTER.pdf (last visited March 19, 2023). 
33
 Department of Children and Families, Report Abuse Neglect or Exploitation. Available at http://www.myflfamilies.com/service-
programs/abuse-hotline/report-online (last visited March 19, 2023); Agency for Health Care Administration, Complaint Administration 
Unit. Available at http://ahca.myflorida.com/MCHQ/Field_Ops/CAU.shtml (last visited March 19, 2023); Department of Elder Affairs, 
Elder Abuse Prevention Program. Available at https://elderaffairs.org/programs-services/elder-protection-programs/ (last visited March 
19, 2023). 
34
 S. 415.1034(2), F.S. 
35
 Id. 
36
 S. 415.104(1), F.S. Note, DCF does not investigate reports of elder abuse when the adult victim is determined not to be vulnerable 
under s. 415.102(28), F.S. Those elder abuse cases are the sole jurisdiction of law enforcement agencies. 
37
 S. 415.104(3), F.S. 
38
 S. 415.104(4), F.S. 
39
 S. 415.105(1), F.S. 
40
 Department of Children and Families, CF Operating Procedure No. 140-2: Adult Protective Services (2022), pp. 4-9 - 4-10. Available 
at https://www.myflfamilies.com/sites/default/files/2022-12/cfop_140-02_adult_protective_services.pdf (last visited March 19, 2023). 
41
 An RNS is a Florida-licensed registered nurse who assists the DCF in its Adult Protective Services investigations by providing 
medical expertise to help inform the DCF’s findings. Department of Children and Families, CF Operating Procedure No. 140-11: Adult 
Protective Services Registered Nurse Specialist (Oct. 21, 2011), p. 1, available athttps://www.myflfamilies.com/sites/default/files/2022-
12/cfop_140-11_adult_protective_services_registered_nurse_specialist.pdf (last visited March 20, 2023). 
42
 Supra note 40, at 21-1. 
43
 Supra note 40, at 21-2. 
44
 Id.  STORAGE NAME: h1567.CFS 	PAGE: 6 
DATE: 3/20/2023 
  
 
The DCF investigators review all of this information before making their determinations as to the cause 
of death and will summarize their findings in a report.
45
 In these cases involving an elder abuse death, 
DCF designates a second party to review the DCF investigators’ findings before closing the case.
46
 The 
second party reviews the investigation process to ensure that it was thorough and that all issues were 
properly addressed, reviews the reports for completeness and accuracy, and documents its review for 
DCF’s records.
47
 
 
 Adult Protection Teams 
 
Current law authorizes DCF to create multidisciplinary Adult Protection Teams in each district
48
 to 
support activities of the protective services program and provide services the team finds necessary for 
victims of elder abuse.
49
 The teams can only provide these services with the consent of the vulnerable 
adult, the person’s guardian, or court order, and should not duplicate services provided by other units or 
offices of DCF.
50
 
 
The teams can consist of anyone trained in the prevention, identification, and treatment of abuse of 
elderly persons, such as:
51
 
 
 Psychiatrists, psychologists, and other trained counseling personnel; 
 Police officers or other law enforcement officers; 
 Medical personnel who have sufficient training to provide health services; 
 Social workers who have experience or training in preventing the abuse of elderly or dependent 
persons; and 
 Public and professional guardians under part II of chapter 744, F.S. 
 
 Elder Adult Fatality Review Teams 
 
In 2020, the Legislature authorized Elder Adult Fatality Review Teams (EA-FRTs) to be operated in the 
state.
52
 EA-FRTs are multidisciplinary, multiagency teams
53
 established in the state’s judicial circuits to 
review elderly persons’ deaths alleged or found to have been caused by, or related to, abuse
54
 or 
neglect.
55
 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.
56
 EA-FRTs are directed to identify any gaps, 
deficiencies, or problems in the delivery of services related to the fatal incident. 
57
 
                                                
45
 Supra note 40, at 21-2 - 21-3 
46
 Supra note 40, at 21-3. 
47
 Id. 
48
 DCF has now adopted a regional structure rather than a district-based structure.  
49
 Ss. 415.1102(1), 415.1102(4), F.S. DCF has established 15 Adult Protection Teams statewide, varying in how often and under what circumstances 
they convene, Email from Lindsey Perkins Zander, Deputy Director of Legislative Affairs, Department of Children and Families, RE: Adult Protective 
Services Statistics (Jan. 5, 2018) (On file w ith House Health and Human Services Committee staff). 
50
 Ss. 415.1102(4), 415.1102(5), F.S. 
51
 Ss. 415.1102(1), 415.1102(2), F.S. 
52
 Ch. 2020-17, L.O.F. 
53
 S. 415.1103, F.S. EA-FRTs may include representatives from any of the following entities or persons: law enforcement agencies; the 
state attorney; the medical examiner; a county court judge; Adult Protective Services; the Area Agency on Aging; the State Long-Term 
Care Ombudsman Program; the Agency for Health Care Administration; the Office of the Attorney General; the Office of the State 
Courts Administrator; the clerk of the court; a victim services program; an elder law attorney; emergency services personnel; a certified 
domestic violence center; an advocacy organization for victims of sexual violence; a funeral home director; a forensic pathologist; a 
geriatrician; a geriatric nurse; a geriatric psychiatrist or other individual licensed to offer behavioral health services; a hospital discharge 
planner; a public guardian; and other persons who have knowledge regarding fatal incidents of elder abuse, domestic violence, or 
sexual violence, including knowledge of research, policy, law, and other matters connected with such incidents or who are 
recommended for inclusion by the review team. 
54
 See s. 415.102(1), F.S., “Abuse” means any willful act or threatened act by a relative, caregiver, or household member which causes 
or is likely to cause significant impairment to a vulnerable adult’s physical, mental, or emotional health. Abuse includes acts and 
omissions. 
55
 S. 415.1103(1)(a), F.S. See also, s. 415.102(16), F.S., “Neglect” means the failure or omission on the part of the caregiver to provide 
the care, supervision, and services necessary to maintain the physical and mental health of the vulnerable adult through a single 
incident or repeated conduct. 
56
 S. 415.1103(3), F.S. 
57
 S. 415.1103(3), F.S.  STORAGE NAME: h1567.CFS 	PAGE: 7 
DATE: 3/20/2023 
  
 
Under current law, a state attorney, or his or her designee, is the only entity authorized to initiate an 
EA-FRT.
58
 The state attorney or designee who initiated the EA-FRT is then responsible for calling the 
first organizational meeting for the team and referring cases for the EA-FRT’s review.
59
 The state 
attorney assigns closed cases to an EA-FRT, and he or she must redact identifying information from 
such cases before assignment.
60
 A case is considered closed when it no longer contains active
61
 
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. The statutory directive limits 
EA-FRTs to reviewing criminal cases which have been opened and investigated by the state attorney’s 
office. This significantly limits the cases which may be reviewed by an EA-FRT, particularly within the 
context of elder abuse which is widely understood to be underreported. 
 
Membership in an EA-FRT is voluntary; the only party required to participate as a prerequisite for EA-
FRT operation is a state attorney. Members of the review team serve without compensation or 
reimbursement. Current law instructs that EA-FRT members are to serve two-year terms. EA-FRT 
members are immune from monetary liability and a cause of action may not be brought against them 
for matters that were in the performance of their duties as an EA-FRT member, such as any 
discussions by, or deliberations or recommendations of the team or the member. However, this 
immunity does not apply if the member acted in bad faith, with wanton and willful disregard of human 
rights, safety, or property. This immunity does not extend to witnesses or other individuals associated 
with the case review process. 
 
EA-FRT members are not permitted to directly contact a victim’s family; however, a victim’s family or 
any other person may voluntarily provide information to an EA-FRT which may then be shared with 
other EA-FRTs.
62
 There currently is not a public records exemption in place for EA-FRTs; as a result, 
all records provided to them or created in the course of their reviews are subject to public disclosure. 
 
Each EA-FRT is required to prepare an annual report to be submitted to DOEA by September 1 each 
year. The annual reports are required to include descriptive statistics of cases reviewed; current 
policies, procedures, rules, or statutes that the EA-FRT identified as contributing to the incidents, and 
recommendations for system improvements; and any other recommendations to prevent deaths from 
elder abuse or neglect. 
 
There are currently two EA-FRTs established by state attorneys in Florida: one in the Fourth Judicial 
Circuit
63
 and the other in the Fifth Judicial Circuit.
64
 The 2
nd
 Annual Report from the Fourth Judicial 
Circuit’s EA-FRT included a series of recommendations for changes to the statute governing EA-FRTs 
with the intent of enabling the review teams to more meaningfully review cases and form 
comprehensive recommendations.
65
 The recommendations include removing the statutory restrictions 
on the types of cases which an EA-FRT may review, removing the requirement that EA-FRTs be 
initiated by a state attorney, and creating public records and meeting exemptions so that EA-FRTs may 
meaningfully engage in case review. 
 
Effect of the Bill 
 
                                                
58
 S. 415.1103(1)(a), F.S. 
59
 S. 415.1103(1)(e), F.S. 
60
 S. 415.1103(1)(e), F.S. 
61
 See s. 119.011(3), F.S. 
62
 S. 415.1103(4)(b), F.S. 
63
 State Attorney’s Office of the 4
th
 Judicial District, Elder Abuse Fatality Review Team (EAFRT). Available at 
https://sao4th.com/resources/for-the-public/elder-abuse-fatality-review-team-eafrt/ (last visited March 19, 2023). 
64
 State Attorney’s Office of the 5
th
 Judicial District, State Attorney Creates Elder Abuse Fatality Review Team. Available at 
https://www.sao5.org/State-Attorney-Creates-Elder-Abuse-Fatality-Review-Team-1-9147.html (last visited March 19, 2023). 
65
 The Fourth Judicial Circuit Elder Abuse Fatality Review Team, Second Annual Report to the Florida Department of Elder Affairs 
(September 2022). On file with the Children, Families & Seniors Subcommittee.  STORAGE NAME: h1567.CFS 	PAGE: 8 
DATE: 3/20/2023 
  
HB 1567 expands the scope of the existing EA-FRTs to include vulnerable adults. The bill changes the 
name of the review teams to the Elder and Vulnerable Adult Abuse Review Teams (review teams) to 
reflect this change. 
 
The bill defines “vulnerable adult” to include a disabled adult and elderly person as those terms are 
defined in s. 825.101(3) and (4), F.S., respectively:  
 “Disabled adult” means a person 18 years of age or older who suffers from a condition of 
physical or mental incapacitation due to a developmental disability, organic brain damage, or 
mental illness, or who has one or more physical or mental limitations that restrict the person’s 
ability to perform the normal activities of daily living.
66
 
 “Elderly person” means a person 60 years of age or older who is suffering from the infirmities of 
aging as manifested by advanced age or organic brain damage, or other physical, mental, or 
emotional dysfunctioning, to the extent that the ability of the person to provide adequately for 
the person’s own care or protection is impaired.
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The bill also expands the scope in terms of the types of incidents that can be reviewed; this includes 
authorizing review teams to review “near fatal” as well as fatal incidents, and incidents which are the 
result of exploitation in addition to abuse and neglect.  
 
HB 1567 revises the conditions under which a review team can be organized and the jurisdictions in 
which they can operate. It adds the Agency for Persons with Disabilities and disability rights attorneys 
to the list of entities which may be represented on the review teams, consistent with the expansion of 
the scope of the teams to include disabled adults as defined in statute. It also expands the permissible 
membership to include persons with knowledge about vulnerable adult abuse, disabled adult abuse, 
and suicide.  
 
The bill removes the requirement that a state attorney be the entity that initiates the team but does not 
substitute any other government or other specified entity as an authorized team initiator. The bill allows 
teams to be established at a local, regional, or state level.   
 
HB 1567 deletes the provision that restricted review teams to reviewing only closed cases that have 
been referred and redacted by the state attorney. The tied bill, HB 1569, allows review teams to access 
public records. The bill also deletes provisions prohibiting members of a review team from directly 
contacting members of a deceased elder’s family. 
 
The bill creates provisions protecting individuals interviewed and information collected by review teams 
from being used in a civil or criminal trial.  
 
The bill makes conforming changes in the remainder of s. 415.1103, F.S., to align with the changes 
relating to the scope of the review teams. 
 
Taken together with the tied bill, HB 1567 would allow a wide range of individuals to create review 
teams on their own, without any involvement of a government agency, addressing regions varying in 
size from a local area to the entire state. These teams would then be permitted to meet in a closed 
meeting and view confidential and exempt records as well as contact the members of a victim’s family. 
 
The bill provides an effective date of July 1, 2023. 
 
 
B. SECTION DIRECTORY: 
Section 1: Amends s. 415.1103, F.S., relating to elder abuse fatality review teams. 
Section 2: Provides an effective date of July 1, 2023. 
 
                                                
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 S. 825.101(3), F.S. 
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 S. 825.101(4), F.S.  STORAGE NAME: h1567.CFS 	PAGE: 9 
DATE: 3/20/2023 
  
II.  FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT 
 
A. FISCAL IMPACT ON STATE GOVERNMENT: 
 
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. The bill does not appear to affect county or municipal governments. 
 
 2. Other: 
None. 
 
B. RULE-MAKING AUTHORITY: 
Rulemaking authority is not needed to implement the provisions of the bill. Rulemaking authority is not 
needed to implement the provisions of the bill. 
 
C. DRAFTING ISSUES OR OTHER COMMENTS: 
None. 
 
IV.  AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES