| 18 | | - | adult abuse fatality review teams for certain 5 |
|---|
| 19 | | - | purposes; authorizing certain persons and entities to 6 |
|---|
| 20 | | - | initiate a review team; requiring the initiating 7 |
|---|
| 21 | | - | entity to determine the geographic area to be served 8 |
|---|
| 22 | | - | by the review team; providing a requirement for such 9 |
|---|
| 23 | | - | geographic area; revising the definition of the term 10 |
|---|
| 24 | | - | "elder and vulnerable adult"; revising review t eam 11 |
|---|
| 25 | | - | membership; authorizing continuance for review teams 12 |
|---|
| 26 | | - | in existence on a certain date; requiring the entity 13 |
|---|
| 27 | | - | that initiated the review team to call its first 14 |
|---|
| 28 | | - | meeting; specifying certain members to be co -chairs of 15 |
|---|
| 29 | | - | the review team; authorizing a review team to 16 |
|---|
| 30 | | - | determine the number and types of incidents to review; 17 |
|---|
| 31 | | - | removing provisions relating to state attorney 18 |
|---|
| 32 | | - | requirements; requiring members of a review team to 19 |
|---|
| 33 | | - | sign a written acknowledgment of public records 20 |
|---|
| 34 | | - | requirements; requiring such acknowledgment to 21 |
|---|
| 35 | | - | reference applicable criminal penalties for certain 22 |
|---|
| 36 | | - | disclosures; requiring the initiating entity to 23 |
|---|
| 37 | | - | provide the acknowledgment form and certain training; 24 |
|---|
| 38 | | - | revising review team requirements to conform to 25 |
|---|
| 18 | + | adult abuse fatality review teams in certain areas and 5 |
|---|
| 19 | + | for certain purposes; authorizing certain pe rsons and 6 |
|---|
| 20 | + | entities to initiate a review team; revising the 7 |
|---|
| 21 | + | definition of the term "vulnerable adult"; requiring 8 |
|---|
| 22 | + | certain representatives to be active participants on a 9 |
|---|
| 23 | + | review team; revising review team membership; removing 10 |
|---|
| 24 | + | provisions relating to state attor ney requirements; 11 |
|---|
| 25 | + | authorizing a review team to determine the number and 12 |
|---|
| 26 | + | types of incidents to review; authorizing continuance 13 |
|---|
| 27 | + | for review teams in existence on a certain date; 14 |
|---|
| 28 | + | revising review team requirements to conform to 15 |
|---|
| 29 | + | changes made by the act; removing a prohibition from 16 |
|---|
| 30 | + | contacting, interviewing, or obtaining information 17 |
|---|
| 31 | + | from the family of a victim; expanding immunity from 18 |
|---|
| 32 | + | monetary liability to certain persons; providing 19 |
|---|
| 33 | + | construction; providing that information and records 20 |
|---|
| 34 | + | acquired by a review team are not subject to discovery 21 |
|---|
| 35 | + | or introduction into evidence in certain proceedings 22 |
|---|
| 36 | + | under certain circumstances; specifying that 23 |
|---|
| 37 | + | provisions of law relating to a waiver of sovereign 24 |
|---|
| 38 | + | immunity still apply; providing that a person who 25 |
|---|
| 51 | | - | changes made by the act; modifying the prohibition 26 |
|---|
| 52 | | - | from contacting, interviewing, or obtaining 27 |
|---|
| 53 | | - | information from the family of a victim; expanding 28 |
|---|
| 54 | | - | immunity from monetary liability to certain persons; 29 |
|---|
| 55 | | - | providing construction; providing that communications, 30 |
|---|
| 56 | | - | information, and records produced or acquired by a 31 |
|---|
| 57 | | - | review team are not subject to discovery or 32 |
|---|
| 58 | | - | introduction into evidence in certain proceedings 33 |
|---|
| 59 | | - | under certain circumstances; providing that a person 34 |
|---|
| 60 | | - | who attends a meeting or other authorized activity of 35 |
|---|
| 61 | | - | a review team may not testify in certain proceedings 36 |
|---|
| 62 | | - | as to certain records or information; providing 37 |
|---|
| 63 | | - | exceptions; providing an effective date. 38 |
|---|
| 64 | | - | 39 |
|---|
| 65 | | - | Be It Enacted by the Legislature of the State of Florida: 40 |
|---|
| 66 | | - | 41 |
|---|
| 67 | | - | Section 1. Section 415.1103, Florida Statutes, is amended 42 |
|---|
| 68 | | - | to read: 43 |
|---|
| 69 | | - | 415.1103 Elder and vulnerable adult abuse fatality review 44 |
|---|
| 70 | | - | teams.— 45 |
|---|
| 71 | | - | (1)(a) A state attorney, or his or her designee, may 46 |
|---|
| 72 | | - | initiate An elder and vulnerable adult abuse fatality review 47 |
|---|
| 73 | | - | team may be established in his or her judicial circuit to review 48 |
|---|
| 74 | | - | incidents of deaths of elderly persons caused by, or related to, 49 |
|---|
| 75 | | - | abuse, exploitation, or neglect which are believed to have 50 |
|---|
| 51 | + | attends a meeting or other auth orized activities of a 26 |
|---|
| 52 | + | review team may not testify in certain proceedings as 27 |
|---|
| 53 | + | to certain records or information; providing 28 |
|---|
| 54 | + | exceptions; providing an effective date. 29 |
|---|
| 55 | + | 30 |
|---|
| 56 | + | Be It Enacted by the Legislature of the State of Florida: 31 |
|---|
| 57 | + | Section 1. Section 415.110 3, Florida Statutes, is amended 32 |
|---|
| 58 | + | to read: 33 |
|---|
| 59 | + | 415.1103 Elder and vulnerable adult abuse fatality review 34 |
|---|
| 60 | + | teams.— 35 |
|---|
| 61 | + | (1)(a) A state attorney, or his or her designee, may 36 |
|---|
| 62 | + | initiate An elder and vulnerable adult abuse fatality review 37 |
|---|
| 63 | + | team may be established at a lo cal, regional, or state level in 38 |
|---|
| 64 | + | his or her judicial circuit to review fatal and near-fatal 39 |
|---|
| 65 | + | incidents of deaths of elderly persons caused by, or related to, 40 |
|---|
| 66 | + | abuse, exploitation, or neglect of elderly persons and 41 |
|---|
| 67 | + | vulnerable adults. 42 |
|---|
| 68 | + | (b) An elder and vulnerable adult abuse fatality review 43 |
|---|
| 69 | + | team may be initiated by any of the following persons or 44 |
|---|
| 70 | + | entities, which must specify the geographic area in which the 45 |
|---|
| 71 | + | team shall serve: 46 |
|---|
| 72 | + | 1. A state attorney, or his or her designee. 47 |
|---|
| 73 | + | 2. A law enforcement agency. 48 |
|---|
| 74 | + | 3. The Department of Children and Families. 49 |
|---|
| 75 | + | 4. The Office of the Attorney General. 50 |
|---|
| 88 | | - | caused or contributed to the death of an elderly person or 51 |
|---|
| 89 | | - | vulnerable adult. 52 |
|---|
| 90 | | - | (b) An elder and vulnerable adult abuse fatality review 53 |
|---|
| 91 | | - | team may be initiated by any of the following: 54 |
|---|
| 92 | | - | 1. A state attorney. 55 |
|---|
| 93 | | - | 2. A law enforcement agency. 56 |
|---|
| 94 | | - | 3. The Department of Children and Families. 57 |
|---|
| 95 | | - | 4. The Office of the Attorney General. 58 |
|---|
| 96 | | - | 5. The Agency for Persons with Disabilities. 59 |
|---|
| 97 | | - | (c) The initiating entity shall determine the geographic 60 |
|---|
| 98 | | - | area that the review team will serve. The geographic area served 61 |
|---|
| 99 | | - | by the review team must be within the jurisdiction or service 62 |
|---|
| 100 | | - | area of the initiating entity. 63 |
|---|
| 101 | | - | (d) The purpose of a review team is to learn how to 64 |
|---|
| 102 | | - | prevent elder and vulnerable adult abuse and abuse -related 65 |
|---|
| 103 | | - | deaths by intervening early and improving the system response to 66 |
|---|
| 104 | | - | elder and vulnerable adult abuse, exploitation, and neglect. 67 |
|---|
| 105 | | - | (2) For purposes of this section and s. 415.1104, the term 68 |
|---|
| 106 | | - | "elder and vulnerable adult" refers to a person who meets the 69 |
|---|
| 107 | | - | criteria for any of the following terms: 70 |
|---|
| 108 | | - | (a) Vulnerable adult as defined in s. 415.102. 71 |
|---|
| 109 | | - | (b) Disabled adult as defined in s. 825.101. 72 |
|---|
| 110 | | - | (c) Elderly person as defined in s. 825.101. 73 |
|---|
| 111 | | - | (3) A An elder abuse fatality review team may include , but 74 |
|---|
| 112 | | - | is not limited to, representatives from any of the entities 75 |
|---|
| 88 | + | 5. The Agency for Persons with Disabilities. 51 |
|---|
| 89 | + | (c) The purpose of a review team is to learn how to 52 |
|---|
| 90 | + | prevent elder and vulnerable adult abuse and abuse -related 53 |
|---|
| 91 | + | deaths by intervening early and improving the system response to 54 |
|---|
| 92 | + | elder and vulnerable adult abuse, exploitation, or neglect. 55 |
|---|
| 93 | + | (2) For purposes of this section and s. 415.1104, the term 56 |
|---|
| 94 | + | "vulnerable adult" includes a disabled adult and elderly person 57 |
|---|
| 95 | + | as those terms are defi ned in s. 825.101(3) and (4), 58 |
|---|
| 96 | + | respectively. 59 |
|---|
| 97 | + | (3)(a) A An elder abuse fatality review team must may 60 |
|---|
| 98 | + | include a representative from the person or entity initiating 61 |
|---|
| 99 | + | the team, who must be an active participant on the team. 62 |
|---|
| 100 | + | (b) A review team may include , but is not limited to, 63 |
|---|
| 101 | + | representatives from any of the other persons or entities that 64 |
|---|
| 102 | + | may initiate a team under paragraph (1)(b) and any of the 65 |
|---|
| 103 | + | following persons or entities or persons located in the review 66 |
|---|
| 104 | + | team's judicial circuit : 67 |
|---|
| 105 | + | 1. Law enforcement agencie s. 68 |
|---|
| 106 | + | 2. The state attorney. 69 |
|---|
| 107 | + | 1.3. The medical examiner. 70 |
|---|
| 108 | + | 2.4. A county court judge. 71 |
|---|
| 109 | + | 5. Adult protective services. 72 |
|---|
| 110 | + | 3.6. The area agency on aging. 73 |
|---|
| 111 | + | 4.7. The State Long-Term Care Ombudsman Program. 74 |
|---|
| 112 | + | 5.8. The Agency for Health Care Administration. 75 |
|---|
| 125 | | - | listed under paragraph (1)(b) and any of the following persons 76 |
|---|
| 126 | | - | or entities or persons located in the review team's judicial 77 |
|---|
| 127 | | - | circuit: 78 |
|---|
| 128 | | - | 1. Law enforcement agencies. 79 |
|---|
| 129 | | - | 2. The state attorney. 80 |
|---|
| 130 | | - | 1.3. The medical examiner. 81 |
|---|
| 131 | | - | 2.4. A county court judge. 82 |
|---|
| 132 | | - | 5. Adult protective services. 83 |
|---|
| 133 | | - | 3.6. The area agency on aging. 84 |
|---|
| 134 | | - | 4.7. The State Long-Term Care Ombudsman Program. 85 |
|---|
| 135 | | - | 5.8. The Agency for Health Care Administration. 86 |
|---|
| 136 | | - | 9. The Office of the Attorney General. 87 |
|---|
| 137 | | - | 6.10. The Office of the State Courts Administrator. 88 |
|---|
| 138 | | - | 7.11. The clerk of the court. 89 |
|---|
| 139 | | - | 8.12. A victim services program. 90 |
|---|
| 140 | | - | 9.13. An elder law or disability rights attorney. 91 |
|---|
| 141 | | - | 10.14. Emergency services personnel. 92 |
|---|
| 142 | | - | 11.15. A certified domestic violence center. 93 |
|---|
| 143 | | - | 12.16. An advocacy organization for victims of sexual 94 |
|---|
| 144 | | - | violence. 95 |
|---|
| 145 | | - | 13.17. A funeral home director. 96 |
|---|
| 146 | | - | 14.18. A forensic pathologist. 97 |
|---|
| 147 | | - | 15.19. A geriatrician. 98 |
|---|
| 148 | | - | 16.20. A geriatric nurse. 99 |
|---|
| 149 | | - | 17.21. A geriatric psychiatrist or other individual 100 |
|---|
| 125 | + | 9. The Office of the Attorney General. 76 |
|---|
| 126 | + | 6.10. The Office of the State Courts Administrator. 77 |
|---|
| 127 | + | 7.11. The clerk of the court. 78 |
|---|
| 128 | + | 8.12. A victim services program. 79 |
|---|
| 129 | + | 9.13. An elder law or disability rights attorney. 80 |
|---|
| 130 | + | 10.14. Emergency services personnel. 81 |
|---|
| 131 | + | 11.15. A certified domestic violence center. 82 |
|---|
| 132 | + | 12.16. An advocacy organization for victims of sexual 83 |
|---|
| 133 | + | violence. 84 |
|---|
| 134 | + | 13.17. A funeral home director. 85 |
|---|
| 135 | + | 14.18. A forensic pathologist. 86 |
|---|
| 136 | + | 15.19. A geriatrician. 87 |
|---|
| 137 | + | 16.20. A geriatric nurse. 88 |
|---|
| 138 | + | 17.21. A geriatric psychiatr ist or other individual 89 |
|---|
| 139 | + | licensed to offer behavioral health services. 90 |
|---|
| 140 | + | 18.22. A hospital discharge planner. 91 |
|---|
| 141 | + | 19.23. A public guardian. 92 |
|---|
| 142 | + | 20.24. Any other persons who have knowledge regarding 93 |
|---|
| 143 | + | fatal and near-fatal incidents of vulnerable adult abuse, elder 94 |
|---|
| 144 | + | abuse, domestic violence, or sexual violence, or suicide, 95 |
|---|
| 145 | + | including knowledge of research, policy, law, and other matters 96 |
|---|
| 146 | + | connected with such incidents involving vulnerable adults or 97 |
|---|
| 147 | + | elderly persons elders, or who are recommended for inclusion by 98 |
|---|
| 148 | + | the review team. 99 |
|---|
| 149 | + | (4)(a)(c) Participation in a review team is voluntary. 100 |
|---|
| 162 | | - | licensed to offer behavioral health services. 101 |
|---|
| 163 | | - | 18.22. A hospital discharge planner. 102 |
|---|
| 164 | | - | 19.23. A public guardian. 103 |
|---|
| 165 | | - | 20.24. Any other persons who are identified and invited by 104 |
|---|
| 166 | | - | the review team and who have knowledge regarding fatal incidents 105 |
|---|
| 167 | | - | of elder abuse, vulnerable adult abuse, domestic violence, or 106 |
|---|
| 168 | | - | sexual violence, or suicide, including knowledge of research, 107 |
|---|
| 169 | | - | policy, law, and other matters connected with such incidents 108 |
|---|
| 170 | | - | involving elders and vulnerable adults , or who are recommended 109 |
|---|
| 171 | | - | for inclusion by the review team . 110 |
|---|
| 172 | | - | (4)(a)(c) Participation in a review team is voluntary. 111 |
|---|
| 173 | | - | Members of a review team shall serve without compensation and 112 |
|---|
| 174 | | - | may not be reimbursed for per diem or travel expenses. A review 113 |
|---|
| 175 | | - | team in existence on July 1, 2023, may continue to exist and 114 |
|---|
| 176 | | - | must comply with the requirements of this section Members shall 115 |
|---|
| 177 | | - | serve for terms of 2 years, to be staggered as determined by the 116 |
|---|
| 178 | | - | co-chairs. 117 |
|---|
| 179 | | - | (b)1.(d) The entity initiating the review team shall state 118 |
|---|
| 180 | | - | attorney may call the first organizational meeting of the team. 119 |
|---|
| 181 | | - | 2. A representative of the entity initiating the review 120 |
|---|
| 182 | | - | team, who is chosen by that entity, shall serve as a co -chair of 121 |
|---|
| 183 | | - | the review team. At the initial meeting, members of a review 122 |
|---|
| 184 | | - | team shall elect a member choose two members to serve as an 123 |
|---|
| 185 | | - | additional co-chair. The co-chair elected by the review team 124 |
|---|
| 186 | | - | shall serve a 2-year term and co-chairs. Chairs may be reelected 125 |
|---|
| 162 | + | Members of a review team shall serve without compensation and 101 |
|---|
| 163 | + | may not be reimbursed for per diem or travel expenses. Members 102 |
|---|
| 164 | + | shall serve for terms of 2 years, to be staggered as determined 103 |
|---|
| 165 | + | by the co-chairs. 104 |
|---|
| 166 | + | (d) The state attorney may call the first organizational 105 |
|---|
| 167 | + | meeting of the team. At the initial meeting, members of a review 106 |
|---|
| 168 | + | team shall choose two members to serve as co -chairs. Chairs may 107 |
|---|
| 169 | + | be reelected by a majority vote of a review team fo r not more 108 |
|---|
| 170 | + | than two consecutive terms. At the initial meeting, members of a 109 |
|---|
| 171 | + | review team shall establish a schedule for future meetings. Each 110 |
|---|
| 172 | + | review team shall meet at least once each fiscal year. 111 |
|---|
| 173 | + | (e) Each review team shall determine its local operations, 112 |
|---|
| 174 | + | including, but not limited to, the process for case selection. 113 |
|---|
| 175 | + | The state attorney shall refer cases to be reviewed by each 114 |
|---|
| 176 | + | team. Reviews must be limited to closed cases in which an 115 |
|---|
| 177 | + | elderly person's death was caused by, or related to, abuse or 116 |
|---|
| 178 | + | neglect. All identifying information concerning the elderly 117 |
|---|
| 179 | + | person must be redacted by the state attorney in documents 118 |
|---|
| 180 | + | received for review. As used in this paragraph, the term "closed 119 |
|---|
| 181 | + | case" means a case that does not involve information considered 120 |
|---|
| 182 | + | active as defined in s. 119.011(3)(d). 121 |
|---|
| 183 | + | (b) A review team may determine the number and type of 122 |
|---|
| 184 | + | incidents it chooses to review. 123 |
|---|
| 185 | + | (c)(f) Administrative costs of operating the review team 124 |
|---|
| 186 | + | must be borne by the team members or entities they represent. 125 |
|---|
| 199 | | - | by a majority vote of a review team for not more than two 126 |
|---|
| 200 | | - | consecutive terms. 127 |
|---|
| 201 | | - | 3. At the initial meeting, members of a review team shall 128 |
|---|
| 202 | | - | establish a schedule for future meetings. Each review team shall 129 |
|---|
| 203 | | - | meet at least once each fiscal year. 130 |
|---|
| 204 | | - | (c)(e) Except as provided in subsection (1) and paragraph 131 |
|---|
| 205 | | - | (4)(b), each review team shall determine its structure, local 132 |
|---|
| 206 | | - | operations, and including, but not limited to, the process for 133 |
|---|
| 207 | | - | case selection, including, but not limited to, the number and 134 |
|---|
| 208 | | - | type of incidents it chooses to review . The state attorney shall 135 |
|---|
| 209 | | - | refer cases to be reviewed by each team. Reviews must be limited 136 |
|---|
| 210 | | - | to closed cases in which an elderly person's death was caused 137 |
|---|
| 211 | | - | by, or related to, abuse or neglect. All identifying information 138 |
|---|
| 212 | | - | concerning the elderly person must be redacted by the state 139 |
|---|
| 213 | | - | attorney in documents received for review. As used in this 140 |
|---|
| 214 | | - | paragraph, the term "closed case" means a case that do es not 141 |
|---|
| 215 | | - | involve information considered active as defined in s. 142 |
|---|
| 216 | | - | 119.011(3)(d). 143 |
|---|
| 217 | | - | (d)(f) Administrative costs of operating the review team 144 |
|---|
| 218 | | - | must be borne by the team members or entities they represent. 145 |
|---|
| 219 | | - | (e)1. Each member of a review team shall sign a written 146 |
|---|
| 220 | | - | acknowledgement that the member is obligated to comply with the 147 |
|---|
| 221 | | - | applicable provisions of chapter 119 and s. 24(a), Art. I of the 148 |
|---|
| 222 | | - | State Constitution and may not knowingly disclose or reveal 149 |
|---|
| 223 | | - | information or records produced, acquired, or discussed by the 150 |
|---|
| 199 | + | (5)(2) A An elder abuse fatality review team in existence 126 |
|---|
| 200 | + | on July 1, 2023 July 1, 2020, may continue to exist and must 127 |
|---|
| 201 | + | comply with the requirements of this section. 128 |
|---|
| 202 | + | (6)(3) A An elder abuse fatality review team must shall do 129 |
|---|
| 203 | + | all of the following: 130 |
|---|
| 204 | + | (a) Review fatal and near-fatal incidents involving deaths 131 |
|---|
| 205 | + | of elderly persons and vulnerable adults in the team's 132 |
|---|
| 206 | + | jurisdiction in its judicial circuit which are found to have 133 |
|---|
| 207 | + | been caused by, or related to, abuse , exploitation, or neglect. 134 |
|---|
| 208 | + | (b) Take into consideration the events leading up to a 135 |
|---|
| 209 | + | fatal or near-fatal incident, available community resources, 136 |
|---|
| 210 | + | current law and policies, and the actions taken by systems or 137 |
|---|
| 211 | + | individuals related to the fatal or near-fatal incident, and any 138 |
|---|
| 212 | + | information considered relevant by the team, including a re view 139 |
|---|
| 213 | + | of public records and records for which a public records 140 |
|---|
| 214 | + | exemption is granted . 141 |
|---|
| 215 | + | (c) Identify potential gaps, deficiencies, or problems in 142 |
|---|
| 216 | + | the delivery of services to elderly persons or vulnerable adults 143 |
|---|
| 217 | + | by public and private agencies which may be rel ated to incidents 144 |
|---|
| 218 | + | deaths reviewed by the team. 145 |
|---|
| 219 | + | (d) Whenever possible, develop communitywide approaches to 146 |
|---|
| 220 | + | address the causes of, and contributing factors to, incidents 147 |
|---|
| 221 | + | deaths reviewed by the team. 148 |
|---|
| 222 | + | (e) Develop recommendations and potential changes in la w, 149 |
|---|
| 223 | + | rules, and policies to support the care of elderly persons and 150 |
|---|
| 236 | | - | review team which are confidential and exempt from s. 119.07(1) 151 |
|---|
| 237 | | - | and s. 24(a), Art. I of the State Constitution. The written 152 |
|---|
| 238 | | - | acknowledgment must reference applicable criminal penalties for 153 |
|---|
| 239 | | - | such disclosures and clearly identify the records for which such 154 |
|---|
| 240 | | - | penalties apply. 155 |
|---|
| 241 | | - | 2. The entity initiating the review team shall provide the 156 |
|---|
| 242 | | - | acknowledgment form to be signed by each review team member and 157 |
|---|
| 243 | | - | shall provide training to review team members on the 158 |
|---|
| 244 | | - | requirements regarding records that are exempt or confidential 159 |
|---|
| 245 | | - | and exempt from s. 119.07(1) and s. 24(a), Art. I of the State 160 |
|---|
| 246 | | - | Constitution. 161 |
|---|
| 247 | | - | (2) An elder abuse fatality review team in existence on 162 |
|---|
| 248 | | - | July 1, 2020, may continue to exist and must comply with the 163 |
|---|
| 249 | | - | requirements of this section. 164 |
|---|
| 250 | | - | (5)(3) A An elder abuse fatality review team must shall do 165 |
|---|
| 251 | | - | all of the following: 166 |
|---|
| 252 | | - | (a) Review incidents deaths of abuse, exploitation, or 167 |
|---|
| 253 | | - | neglect of elders and vulnerable adults in the review team's 168 |
|---|
| 254 | | - | geographic service area elderly persons in its judicial circuit 169 |
|---|
| 255 | | - | which are believed found to have been caused or contributed to 170 |
|---|
| 256 | | - | the death of such person by, or related to, abuse or neglect . 171 |
|---|
| 257 | | - | (b) Take into consideration the events leading up to a 172 |
|---|
| 258 | | - | fatal incident, available community resources, current law and 173 |
|---|
| 259 | | - | policies, and the actions taken by sy stems or individuals 174 |
|---|
| 260 | | - | related to the fatal incident , and any information considered 175 |
|---|
| 236 | + | vulnerable adults and to prevent abuse-related incidents elder 151 |
|---|
| 237 | + | abuse deaths. 152 |
|---|
| 238 | + | (7)(4)(a) A review team may share with other review teams 153 |
|---|
| 239 | + | in this state any relevant information that pertains to 154 |
|---|
| 240 | + | incidents identified or reviewed by the team the review of the 155 |
|---|
| 241 | + | death of an elderly person . 156 |
|---|
| 242 | + | (b) A review team member may not contact, interview, or 157 |
|---|
| 243 | + | obtain information by request directly from a member of the 158 |
|---|
| 244 | + | deceased elder's family as part of the revie w unless a team 159 |
|---|
| 245 | + | member is authorized to do so in the course of his or her 160 |
|---|
| 246 | + | employment duties. A member of the deceased elder's family may 161 |
|---|
| 247 | + | voluntarily provide information or any record to a review team 162 |
|---|
| 248 | + | but must be informed that such information or any record is 163 |
|---|
| 249 | + | subject to public disclosure unless a public records exemption 164 |
|---|
| 250 | + | applies. 165 |
|---|
| 251 | + | (8)(a)(5)(a) Annually by September 1, each elder abuse 166 |
|---|
| 252 | + | fatality review team shall submit a summary report to the 167 |
|---|
| 253 | + | Department of Elderly Affairs which includes, but is not limited 168 |
|---|
| 254 | + | to: 169 |
|---|
| 255 | + | 1. Descriptive statistics regarding cases reviewed by the 170 |
|---|
| 256 | + | team, including demographic information on victims and the 171 |
|---|
| 257 | + | causes and nature of their fatal or near-fatal incidents of 172 |
|---|
| 258 | + | abuse, exploitation, or neglect. deaths; 173 |
|---|
| 259 | + | 2. Current policies, procedure s, rules, or statutes the 174 |
|---|
| 260 | + | review team has identified as contributing to the incidence of 175 |
|---|
| 273 | | - | relevant by the team, including, but not limited to, a review of 176 |
|---|
| 274 | | - | public records and records for which a public records exemption 177 |
|---|
| 275 | | - | is granted. 178 |
|---|
| 276 | | - | (c) Identify potential gaps, d eficiencies, or problems in 179 |
|---|
| 277 | | - | the delivery of services to elders and vulnerable adults elderly 180 |
|---|
| 278 | | - | persons by public and private agencies which may be related to 181 |
|---|
| 279 | | - | incidents deaths reviewed by the team. 182 |
|---|
| 280 | | - | (d) Whenever possible, develop communitywide approaches to 183 |
|---|
| 281 | | - | address the causes of, and contributing factors to, incidents 184 |
|---|
| 282 | | - | deaths reviewed by the team. 185 |
|---|
| 283 | | - | (e) Develop recommendations and potential changes in law, 186 |
|---|
| 284 | | - | rules, and policies to support the care of elders and vulnerable 187 |
|---|
| 285 | | - | adults elderly persons and to prevent abuse of such persons 188 |
|---|
| 286 | | - | elder abuse deaths. 189 |
|---|
| 287 | | - | (6)(a)(4)(a) A review team may share with other review 190 |
|---|
| 288 | | - | teams in this state any relevant information that pertains to 191 |
|---|
| 289 | | - | incidents identified or reviewed by the team the review of the 192 |
|---|
| 290 | | - | death of an elderly person . 193 |
|---|
| 291 | | - | (b)1. A review team member may not contact, interview, or 194 |
|---|
| 292 | | - | obtain information by request directly from a family member of a 195 |
|---|
| 293 | | - | person whose case is subject to review by the review team as 196 |
|---|
| 294 | | - | part of the review unless: 197 |
|---|
| 295 | | - | a. the deceased elder's family as part of the r eview 198 |
|---|
| 296 | | - | unless A team member is authorized to do so in the course of his 199 |
|---|
| 297 | | - | or her employment duties ; or 200 |
|---|
| 273 | + | elder or vulnerable adult abuse and abuse-related elder deaths, 176 |
|---|
| 274 | + | and recommendations for system improvements and needed 177 |
|---|
| 275 | + | resources, training, or information disseminatio n to address 178 |
|---|
| 276 | + | such identified issues .; and 179 |
|---|
| 277 | + | 3. Any other recommendations to prevent fatal or near-180 |
|---|
| 278 | + | fatal incidents deaths from elder abuse, exploitation, or 181 |
|---|
| 279 | + | neglect, based on an analysis of the data and information 182 |
|---|
| 280 | + | presented in the report. 183 |
|---|
| 281 | + | (b) Annually by November 1, the Department of Elderly 184 |
|---|
| 282 | + | Affairs shall prepare a summary report of the review team 185 |
|---|
| 283 | + | information submitted under paragraph (a). The department shall 186 |
|---|
| 284 | + | submit its summary report to the Governor, the President of the 187 |
|---|
| 285 | + | Senate, the Speaker of the Hous e of Representatives, and the 188 |
|---|
| 286 | + | Department of Children and Families. 189 |
|---|
| 287 | + | (9)(a)(6) There is no monetary liability on the part of, 190 |
|---|
| 288 | + | and a cause of action for damages may not arise against, any 191 |
|---|
| 289 | + | member of a an elder abuse fatality review team, or any person 192 |
|---|
| 290 | + | acting as a witness to, incident reporter to, or investigator 193 |
|---|
| 291 | + | for a review team, for any act or proceeding taken or performed 194 |
|---|
| 292 | + | within the scope and functions of the team, due to the 195 |
|---|
| 293 | + | performance of his or her duties as a review team member in 196 |
|---|
| 294 | + | regard to any discuss ions by, or deliberations or 197 |
|---|
| 295 | + | recommendations of, the team or the member unless such person 198 |
|---|
| 296 | + | member acted in bad faith, with wanton and willful disregard of 199 |
|---|
| 297 | + | human rights, safety, or property. 200 |
|---|
| 310 | | - | b. Such contact, interview, or request is necessary for 201 |
|---|
| 311 | | - | the review team to complete its review and determine findings 202 |
|---|
| 312 | | - | and such information is not obtainab le through any other means . 203 |
|---|
| 313 | | - | 2. A family member of a person whose case is subject to 204 |
|---|
| 314 | | - | review by the review team the deceased elder's family may 205 |
|---|
| 315 | | - | voluntarily provide information or any record to a review team 206 |
|---|
| 316 | | - | but must be informed that such information or any record is 207 |
|---|
| 317 | | - | subject to public disclosure unless a public records exemption 208 |
|---|
| 318 | | - | applies. 209 |
|---|
| 319 | | - | (7)(a)(5)(a) Annually by September 1, each elder abuse 210 |
|---|
| 320 | | - | fatality review team shall submit a summary report to the 211 |
|---|
| 321 | | - | Department of Elderly Affairs which includes, but is not limited 212 |
|---|
| 322 | | - | to: 213 |
|---|
| 323 | | - | 1. Descriptive statistics regarding cases reviewed by the 214 |
|---|
| 324 | | - | team, including, at a minimum, demographic information on 215 |
|---|
| 325 | | - | victims, and the causes and nature of their deaths , and the 216 |
|---|
| 326 | | - | incidents of abuse, exploitation, or neglect associated with 217 |
|---|
| 327 | | - | their deaths.; 218 |
|---|
| 328 | | - | 2. Current policies, procedures, rules, or statutes the 219 |
|---|
| 329 | | - | review team has identified as contributing to the incidence of 220 |
|---|
| 330 | | - | elder and vulnerable adult abuse and abuse-related elder deaths, 221 |
|---|
| 331 | | - | and recommendations for system improvements and needed 222 |
|---|
| 332 | | - | resources, training, or information dissemination to address 223 |
|---|
| 333 | | - | such identified issues .; and 224 |
|---|
| 334 | | - | 3. Any other recommendations to prevent fatal incidents of 225 |
|---|
| 310 | + | (b) This subsection does not affect the requirements of s. 201 |
|---|
| 311 | + | 768.28. 202 |
|---|
| 312 | + | (10)(a) All information and records acquired by the review 203 |
|---|
| 313 | + | team are not subject to discovery or introduction into evidence 204 |
|---|
| 314 | + | in any civil or criminal action or administrative or 205 |
|---|
| 315 | + | disciplinary proceeding by any department or employing agency if 206 |
|---|
| 316 | + | the information or records arose out of matters that are the 207 |
|---|
| 317 | + | subject of evaluation and review by the review team. However, 208 |
|---|
| 318 | + | information, documents, and records otherwise available from 209 |
|---|
| 319 | + | other sources are not immune from discovery or introduction into 210 |
|---|
| 320 | + | evidence solely because the information, documents, or records 211 |
|---|
| 321 | + | were presented to or reviewed by the review team. 212 |
|---|
| 322 | + | (b) A person who attends a meeting or other authorized 213 |
|---|
| 323 | + | activities of a review team may not testify in any civil, 214 |
|---|
| 324 | + | criminal, administrative, or disciplinary pro ceedings as to any 215 |
|---|
| 325 | + | records or information produced or presented to the review team 216 |
|---|
| 326 | + | during its meetings or other activities authorized by this 217 |
|---|
| 327 | + | section. 218 |
|---|
| 328 | + | (c) This subsection does not prohibit: 219 |
|---|
| 329 | + | 1. A person who testifies before a review team or is a 220 |
|---|
| 330 | + | member of a review team from testifying in a civil, criminal, 221 |
|---|
| 331 | + | administrative, or disciplinary proceeding to matters otherwise 222 |
|---|
| 332 | + | within his or her knowledge; or 223 |
|---|
| 333 | + | 2. A member of a review team from testifying in a policy -224 |
|---|
| 334 | + | related hearing or matter, as long as the memb er of the review 225 |
|---|
| 347 | | - | deaths from elder abuse, exploitation, or neglect of elders and 226 |
|---|
| 348 | | - | vulnerable adults, based on an analysis of the data and 227 |
|---|
| 349 | | - | information presented in the report. 228 |
|---|
| 350 | | - | (b) Annually by November 1, the Department of Elderly 229 |
|---|
| 351 | | - | Affairs shall prepare a summary repor t of the review team 230 |
|---|
| 352 | | - | information submitted under paragraph (a). The department shall 231 |
|---|
| 353 | | - | submit its summary report to the Governor, the President of the 232 |
|---|
| 354 | | - | Senate, the Speaker of the House of Representatives, and the 233 |
|---|
| 355 | | - | Department of Children and Families. 234 |
|---|
| 356 | | - | (8)(a)(6) There is no monetary liability on the part of, 235 |
|---|
| 357 | | - | and a cause of action for damages may not arise against, any 236 |
|---|
| 358 | | - | member of a an elder abuse fatality review team, or any person 237 |
|---|
| 359 | | - | acting as a witness to, incident reporter to, or investigator 238 |
|---|
| 360 | | - | for a review team, f or any act or proceeding taken or performed 239 |
|---|
| 361 | | - | within the scope and functions of the team, due to the 240 |
|---|
| 362 | | - | performance of his or her duties as a review team member in 241 |
|---|
| 363 | | - | regard to any discussions by, or deliberations or 242 |
|---|
| 364 | | - | recommendations of, the team or the member unless such person 243 |
|---|
| 365 | | - | member acted in bad faith, with wanton and willful disregard of 244 |
|---|
| 366 | | - | human rights, safety, or property. 245 |
|---|
| 367 | | - | (b) This subsection does not affect the requirements of s. 246 |
|---|
| 368 | | - | 768.28. 247 |
|---|
| 369 | | - | (9)(a) Oral or written communications, information, and 248 |
|---|
| 370 | | - | records produced or acquired by the review team are not subject 249 |
|---|
| 371 | | - | to discovery and may not be introduced into evidence in any 250 |
|---|
| 372 | | - | |
|---|
| 373 | | - | CS/CS/HB 1567 2023 |
|---|
| 374 | | - | |
|---|
| 375 | | - | |
|---|
| 376 | | - | |
|---|
| 377 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 378 | | - | hb1567-02-c2 |
|---|
| 379 | | - | Page 11 of 12 |
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| 380 | | - | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
|---|
| 381 | | - | |
|---|
| 382 | | - | |
|---|
| 383 | | - | |
|---|
| 384 | | - | civil, criminal, administrative, or disciplinary proceeding if 251 |
|---|
| 385 | | - | the communications, information, or records arose out of matters 252 |
|---|
| 386 | | - | that are the subject of evaluation and review by the review 253 |
|---|
| 387 | | - | team. Information, documents, and records otherwise available 254 |
|---|
| 388 | | - | from sources other than the review team are not immune from 255 |
|---|
| 389 | | - | discovery or introduction into evidence solely because the 256 |
|---|
| 390 | | - | information, documents, or records were presented to or reviewed 257 |
|---|
| 391 | | - | by a review team. 258 |
|---|
| 392 | | - | (b) A person who attends a meeting or other authorized 259 |
|---|
| 393 | | - | activity of a review team may not testify in any civil, 260 |
|---|
| 394 | | - | criminal, administrative, or disciplinary proceedings as to any 261 |
|---|
| 395 | | - | communications, records, or in formation produced or presented to 262 |
|---|
| 396 | | - | the review team during its meetings or other activities 263 |
|---|
| 397 | | - | authorized by this section. 264 |
|---|
| 398 | | - | (c) This subsection does not prohibit: 265 |
|---|
| 399 | | - | 1. A person who testifies before a review team or is a 266 |
|---|
| 400 | | - | member of a review team from testifying in a civil, criminal, 267 |
|---|
| 401 | | - | administrative, or disciplinary proceeding to matters otherwise 268 |
|---|
| 402 | | - | within his or her knowledge; or 269 |
|---|
| 403 | | - | 2. A member of a review team from testifying in a policy -270 |
|---|
| 404 | | - | related hearing or matter, as long as the member of the review 271 |
|---|
| 405 | | - | team does not disclose communications, records, or information 272 |
|---|
| 406 | | - | that would identify the victim or victim's family or any other 273 |
|---|
| 407 | | - | confidential or exempt records or information pertaining to a 274 |
|---|
| 408 | | - | matter reviewed by the review team. 275 |
|---|
| 409 | | - | |
|---|
| 410 | | - | CS/CS/HB 1567 2023 |
|---|
| 411 | | - | |
|---|
| 412 | | - | |
|---|
| 413 | | - | |
|---|
| 414 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 415 | | - | hb1567-02-c2 |
|---|
| 416 | | - | Page 12 of 12 |
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| 417 | | - | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
|---|
| 418 | | - | |
|---|
| 419 | | - | |
|---|
| 420 | | - | |
|---|
| 421 | | - | Section 2. This act shall take effect July 1, 2023. 276 |
|---|
| 347 | + | team does not disclose records or information that would 226 |
|---|
| 348 | + | identify the victim or victim's family or any other confidential 227 |
|---|
| 349 | + | or exempt records or information pertaining to a matter reviewed 228 |
|---|
| 350 | + | by the review team. 229 |
|---|
| 351 | + | Section 2. This act shall ta ke effect July 1, 2023. 230 |
|---|