This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1567c.HHS
DATE: 4/25/2023
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/CS/HB 1567 Elder and Vulnerable Adult Abuse Fatality Review Teams
SPONSOR(S): Health & Human Services Committee, Children, Families & Seniors Subcommittee, Hawkins
TIED BILLS: HB 1569 IDEN./SIM. BILLS: SB 1540
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Children, Families & Seniors Subcommittee 17 Y, 0 N, As CS Osborne Brazzell
2) Health & Human Services Committee 19 Y, 0 N, As CS Osborne Calamas
SUMMARY ANALYSIS
In 2022, Florida had an estimated 4.7 million people age 65 and older, making up 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 less than 5 percent of cases are reported. This is believed to be primarily because perpetrators
are usually a relative, friend, neighbor, or caregiver whom the elder trusts or fears.
Current law authorizes multidisciplinary, multiagency elder abuse fatality review teams (EA-FRTs) to be
established in each judicial circuit. EA-FRTs review closed cases where the death of an elderly person was
caused by, or related to, abuse or neglect in order to produce recommendations for improvements to the
systems involved in caring for elderly adults. 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. This limits EA-FRTs to reviewing only
cases which have been opened or criminally prosecuted by the state attorney’s office. Currently only two EA-
FRTs exist, 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 Florida Statute to allow for more comprehensive review of cases. The recommendations included
removing 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.
CS/CS/HB 1567 expands the scope of the existing EA-FRTs to include vulnerable adults, such as disabled
adults, and persons over 60 recovering from short-term disabilities or surgery. The bill also expands the scope
of the review teams to include incidents which are the result of exploitation. The bill removes the requirement
that a state attorney be the entity that initiates the team; alternatively, the bill allows a state attorney, law
enforcement agency, the Department of Children and Families, the Office of the Attorney General, and the
Agency for Persons with Disabilities to initiate a review team. The bill requires that a representative of the
initiating entity serve as a co-chair of the review team. The bill also requires that the initiating entity specify the
geographic area being served by the review team; the geographic area that may be served by the review team
is restricted to the service area of the initiating entity.
CS/CS/HB 1567 excludes individuals interviewed and information collected by review teams from use in a civil
or criminal proceeding. The bill removes the provision restricting review teams to reviewing only closed cases
referred by a state attorney. The bill also prohibits members of a review team from directly contacting members
of a deceased victim’s family except under specified circumstances. The bill requires review team members to
sign an acknowledgement of their obligations to adhere to public records requirements. The initiating entity
must provide the acknowledgement form, and provide training on public records requirements to review team
members.
The bill has no fiscal impact on state or local governments.
The bill provides an effective date of July 1, 2023. STORAGE NAME: h1567c.HHS PAGE: 2
DATE: 4/25/2023
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 nation.
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: h1567c.HHS PAGE: 3
DATE: 4/25/2023
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, 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; a victim of elder abuse 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
Research shows
that elder abuse is underreported, often because the victims fear retribution or care for or trust their
perpetrators.
13
The United States Department of Justice estimates that approximately one in 10 seniors is abused
each year in the United States, although only one out of every 23 cases of elder abuse are reported to
local authorities.
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 deaths are more likely to go
undetected because an elder death is expected to occur, due to 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 2022, DCF received 30,581 reports of abuse,
neglect, or exploitation of persons aged 60 or older and investigated 206 deaths in which the death was
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
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).
14
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).
15
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).
16
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
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: h1567c.HHS PAGE: 4
DATE: 4/25/2023
allegedly due to abuse or neglect.
21
DCF verified 5,167 of the reported allegations of abuse or neglect,
37 of which involved a fatality. 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.
22
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
person who knows or has reasonable cause to suspect abuse, neglect, or exploitation of a vulnerable
21
Email from Tarah Yeager, Gubernatorial Fellow, Department of Children and Families, Re: APS Statistics Info Request (March 22,
2023). On file with the Health and Human Services Committee.
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: h1567c.HHS PAGE: 5
DATE: 4/25/2023
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 pp. 21-1.
43
Supra note 40, at 21-2.
44
Id. STORAGE NAME: h1567c.HHS PAGE: 6
DATE: 4/25/2023
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.
50
Ss. 415.1102(4) and 415.1102(5), F.S.
51
Ss. 415.1102(1) and 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: h1567c.HHS PAGE: 7
DATE: 4/25/2023
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. This 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 an
EA-FRT to operate 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 the following components:
63
Descriptive statistics of cases reviewed, including demographic information on victims and the
causes and nature of their deaths;
current policies, procedures, rules, or statutes that the EA-FRT identified as contributing to the
incidence of elder abuse and deaths, 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
64
and the other in the Fifth Judicial Circuit.
65
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 conduct more meaningful reviews of cases and form
comprehensive recommendations.
66
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
review complete case files.
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
S. 415.1103(5), F.S.
64
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).
65
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).
66
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: h1567c.HHS PAGE: 8
DATE: 4/25/2023
EA-FRT Scope
CS/CS/HB 1567 expands the scope of EA-FRTs to include broader categories of vulnerable adults in
addition to elders. Under the bill, review teams are authorized to review fatal incidents involving
persons in any of the following categories:
“Vulnerable adult,” as defined in s. 415.102(28), F.S., meaning 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.
“Disabled adult,” as defined in s. 825.101(3), F.S., meaning 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.
“Elderly person,” as defined in s. 825.101(4), F.S., meaning 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.
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 also expands the types of incidents that can be reviewed to include fatal incidents resulting
from exploitation, in addition to incidents of abuse and neglect which may be reviewed under current
law. The bill deletes the provision of current law restricting review teams to reviewing only closed cases
that have been referred and redacted by the state attorney. This change in particular significantly
increases the type and number of cases that may be reviewed by a review team.
The bill makes conforming changes throughout s. 415.1103, F.S., to align with the changes to the
scope of the review teams.
Review Team Administration and Membership
CS/CS/HB 1567 revises the conditions under which a review team can be organized and the
jurisdictions in which they can operate. The bill removes the requirement that a state attorney be the
entity that initiates the team; alternatively, the bill allows a state attorney, law enforcement agency, the
Department of Children and Families, the Office of the Attorney General, and the Agency for Persons
with Disabilities to initiate a review team. The bill requires a representative of the initiating entity to
serve as a co-chair on the review team. The bill also requires the initiating entity to specify the
geographic area served by the review team, which is limited to the jurisdiction or service area of the
initiating entity.
The bill also 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. The bill also allows other persons identified
and invited by the review team who possess relevant knowledge and experience to be included on the
team even if they are not expressly listed in statute.
The bill revises the provision of current law prohibiting review team members from contacting victim’s
family members. Under the bill, review team members are authorized to directly contact victim’s family
members in the following circumstances:
A team member is authorized to do so in the course of their employment; or
Such contact is necessary for the review team to complete its review and determine findings
and such information is not obtainable through any other means.
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The types of records that a review team are able to access is greatly expanded by the provisions of the
bill. The tied bill, CS/HB 1569, accounts for this by ensuring records which are exempt or confidential
and exempt from s. 119.07(1), F.S., and s. 24(a), Article I of the State Constitution to retain such status
when held by a review team.
To further address the review team’s expanded access to sensitive records, the bill requires review
team members to sign a written acknowledgement of their obligations to comply with applicable public
records requirements under Ch. 119, F.S., and Article I of the State Constitution, and may not
knowingly disclose or reveal information that is confidential and exempt from such provisions. The
review team’s initiating entity is responsible for providing such acknowledgement, and must also
provide review team members with training on public records requirements.
The bill creates provisions protecting individuals interviewed and information collected by review teams
from being used in a civil or criminal trial.
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.
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.
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DATE: 4/25/2023
2. Other:
None.
B. RULE-MAKING AUTHORITY:
Rulemaking authority is not needed to implement the provisions of the bill.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
On March 21, 2023, the Children, Families, and Seniors Subcommittee adopted an amendment and
reported the bill favorably as a committee substitute. The amendment requires that a review team be
initiated by one of the following entities: a state attorney’s office, a law enforcement agency, the
Department of Children and Families, the Office of the Attorney General, or the Agency for Persons with
Disabilities. The amendment requires that the initiating entity specify the geographic area served by the
team. The amendment makes conforming changes regarding membership of the review teams.
On April 24, 2023 the Health and Human Services Committee adopted an amendment and reported the bill
favorably as a committee substitute. The amendment:
Revises the geographic area that a review team may serve;
Removes references to “non-fatal” incidents of abuse;
Revises the meaning of the phrase “elder and vulnerable adult;”
Requires a representative of the initiating entity serve as a co-chair of the review team;
Requires review team members to sign a written acknowledgement of their obligation to comply
with public records law; and
Prohibits review team members from contacting a victim’s family members, except under specified
circumstances.
The bill analysis is drafted to the committee substitute adopted by the Health and Human Services
Committee.