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