This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1569z1.DOCX
DATE: 6/20/2023
HOUSE OF REPRESENTATIVES STAFF FINAL BILL ANALYSIS
BILL #: CS/HB 1569 Pub. Rec. and Meetings/Elder and Vulnerable Adult Abuse Fatality Review
Teams
SPONSOR(S): Health & Human Services Committee, Hawkins and others
TIED BILLS: CS/CS/HB 1567 IDEN./SIM. BILLS: CS/SB 1542
FINAL HOUSE FLOOR ACTION: 117 Y’s
0 N’s GOVERNOR’S ACTION: Approved
SUMMARY ANALYSIS
CS/HB 1569 passed the House on May 2, 2023 as CS/SB 1542.
Current law authorizes multidisciplinary, multiagency elder abuse fatality review teams (review teams) to be
established in each judicial circuit. Currently, review teams may only review closed cases referred and
redacted by a state attorney where the death of an elderly person was caused by, or related to, abuse or
neglect, to recommend improvements to the systems involved in caring for elderly adults. The tied bill, CS/SB
1540, authorizes review teams to be initiated by entities other than a state attorney and significantly expands
the types of records that they may obtain in the course of their case reviews.
CS/SB 1542 creates public record and public meeting exemptions related to review teams. Specifically, the bill
requires information obtained by a review team which is exempt from public records requirements remains
exempt when held by a review team. The bill creates a public record exemption for records created or held by
a review team which reveals the identity of a victim or persons responsible for the victim’s welfare, and any
information otherwise exempt or confidential and exempt.
The bill creates a public meeting exemption for portions of a review team meeting in which the identity of the
victim, the identity of the person responsible for the welfare of the victim, or otherwise exempt or confidential
information is discussed. Records created by a review team during such portions of meetings are also exempt
from public disclosure.
The bill includes a public necessity statement and states that the public records and public meeting exemptions
are subject to the Open Government Sunset Review Act and will stand repealed on October 2, 2028, unless
saved from repeal by reenactment by the Legislature.
The bill has no fiscal impact on state or local governments.
The bill was approved by the Governor on June 19, 2023, ch. 2023-261, L.O.F., and will become
effective on July 1, 2023.
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I. SUBSTANTIVE INFORMATION
A. EFFECT OF CHANGES:
Current Situation
Public Records
Article I, s. 24(a) of the Florida Constitution sets forth the state’s public policy regarding access to
government records. This section guarantees every person a right to inspect or copy any public record
of the legislative, executive, and judicial branches of government.
Public policy regarding access to government records is addressed further in s. 119.07(1), F.S., which
guarantees every person a right to inspect and copy any state, county, or municipal record, unless the
record is exempt. Records that are confidential, as well as exempt, under statute are not subject to
inspection and may be released only to those persons and entities designated in the statute.
1
Public Meetings
Article I, s. 24(b) of the Florida Constitution requires all meetings of any collegial public body of the
executive branch of state government or any collegial public body of a county, municipality, school
district, or special district, at which official acts are to be taken or at which public business of such body
is to be transacted or discussed, be open and noticed to the public.
Public policy regarding access to government meetings also is addressed in the Florida Statutes.
Section 286.011, F.S., known as the “Government in the Sunshine Law” or “Sunshine Law,” further
requires all meetings of any board or commission of any state agency or authority, or of any agency or
authority of any county, municipality, or political subdivision, at which official acts are to be taken be
open to the public at all times.
2
The board or commission must provide reasonable notice of all public
meetings. Public meetings may not be held at any location that discriminates on the basis of sex, age,
race, creed, color, origin, or economic status or that operates in a manner that unreasonably restricts
the public’s access to the facility.
3
Minutes of a public meeting must be promptly recorded and open to
public inspection.
4
Failure to abide by public meeting requirements will invalidate any resolution, rule, or
formal action adopted at a meeting.
5
A public officer or member of a governmental entity who violates
the Sunshine Law is subject to civil and criminal penalties.
6
Public Record and Public Meeting Exemptions
The Legislature may provide by general law for the exemption of records from the requirements of Art.
I, s. 24(a) and (b) of the Florida Constitution.
7
The general law must state with specificity the public
necessity justifying the exemption
8
and must be no broader than necessary to accomplish its purpose.
9
1
Government-in-the-Sunshine Manual: A Reference for Compliance with Florida’s Public Records and Open Meetings Laws. 2023
Edition. Available at https://www.myfloridalegal.com/open-government/sunshine-manual (last visited May 9, 2023).
2
S. 286.011(1), F.S.
3
Id.
4
S. 286.011(2), F.S.
5
S. 286.011(1), F.S.
6
S. 286.011(3), F.S. Penalties include a fine of up to $500 or a second-degree misdemeanor, which is punishable by up to 60
days imprisonment and a $500 fine.
7
Article I, s. 24(c), Fla. Const.
8
This portion of a public record exemption is commonly referred to as a “public necessity statement.”
9
Article I, s. 24(c), Fla. Const.
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Furthermore, the Open Government Sunset Review Act
10
provides that a public record or public
meeting exemption may be created or maintained only if it serves an identifiable public purpose. In
addition, it may be no broader than necessary to meet one of the following purposes:
11
Allow the state or its political subdivisions to effectively and efficiently administer a
governmental program, which administration would be significantly impaired without the
exemption.
Protect sensitive personal information that, if released, would be defamatory or would
jeopardize an individual’s safety; however, only the identity of an individual may be exempted
under this provision.
Protect trade or business secrets.
The Open Government Sunset Review Act requires the automatic repeal of a newly created public
record exemption on October 2nd of the fifth year after creation or substantial amendment, unless the
Legislature reenacts the exemption.
12
Elder Population in Florida
As the country’s “baby-boom” population reaches retirement age and life expectancy increases, the
nation’s elder population is projected to increase from 54.1 million in 2019
13
to 80.8 million by 2040.
14
Florida has long been a destination state for senior citizens and has the second highest percentage of
senior residents in the nation.
15
In 2022, Florida had an estimated 4.7 million people age 65 and older,
approximately 21 percent of the state’s population.
16
By 2030, this number is projected to increase to
5.9 million, meaning the elderly will make up approximately one quarter of the state’s population and
will account for most of the state’s population growth.
17
Elder populations are vulnerable to abuse and exploitation due to risk factors associated with aging,
such as physical and mental infirmities and social isolation.
18
In Florida, almost 1.5 million senior
citizens live in medically underserved areas and approximately 758,000 have one or more disabilities.
19
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 is reported to
local authorities.
20
Elder abuse can have significant physical and emotional effects on an older adult
10
S. 119.15, F.S.
11
S. 119.15(6)(b), F.S.
12
S. 119.15(3), F.S.
13
U.S. Census Bureau, 65 and Older Population Grows Rapidly as Baby Boomers Age (June 25, 2020) Press Release Number: CB20-
99. Available at https://www.census.gov/newsroom/press-releases/2020/65-older-population-grows.html (last visited May 9, 2023).
14
U.S. Department of Health and Human Services Administration on Aging, 2020 Profile of Older Americans (May 2021),
https://acl.gov/sites/default/files/Aging%20and%20Disability%20in%20America/2020ProfileOlderAmericans.Final_.pdf (last visited May
9, 2023).
15
Id.
16
U.S. Census Bureau, Quick Facts – Florida. Available at https://www.census.gov/quickfacts/fact/table/FL# (last visited May 9, 2023).
17
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 May 9, 2023).
18
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_factors (last visited May 9, 2023); U.S. Department
of Justice, What is Elder Abuse. Available at https://www.justice.gov/elderjustice/about-elder-abuse (last visited May 9, 2023). See also,
XinQi Dong, et al., Elder Abuse as a Risk Factor for Hospitalization in Older Persons, JAMA Intern Med. 173:10 at 911-917 (2013).
Available at https://www.ncbi.nlm.nih.gov/pmc/articles/PMC10001110/pdf/nihms-1865944.pdf (last visited May 9, 2023).
19
Florida Department of Elder Affairs, 2021 Profile of Older Floridians. Available at https://elderaffairs.org/wp-
content/uploads/2021_Florida-Profile.pdf (last visited May 9, 2023).
20
U.S. Department of Justice, Elder Abuse Statistics. Available at https://www.justice.gov/file/1098056/download (last visited May 9,
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). Available at
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2804623/ (last visited May 9, 2023).
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DATE: 6/20/2023
and can lead to premature death.
21
Abused seniors are twice as likely to be hospitalized and three
times more likely to die than non-abused seniors.
22
Elder abuse occurs in community settings, such as private homes, as well as in institutional settings
like nursing homes and other long-term care facilities. Prevalent forms of abuse are financial
exploitation, neglect, emotional or psychological abuse, and physical abuse; however, an elder abuse
victim will often experience multiple forms of abuse at the same time.
23
The most common perpetrators
of elder abuse are relatives, such as adult children or a spouse, followed by friends and neighbors, and
then home care aides.
24
Research shows that elder abuse is underreported; this is attributed to victims
fearing retribution or caring for or trusting their abuser.
25
Deaths resulting from elder abuse often 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.
26
Experts believe
this may be one of the reasons elder abuse lags behind child abuse and domestic violence in research,
awareness, and systemic change.
27
Elder Abuse Fatality Review Teams
Elder abuse fatality review teams (review teams) are multidisciplinary, multiagency teams established
in the state’s judicial circuits to review elderly persons’ deaths alleged or found to have been caused
by, or related to, abuse or neglect.
28
A review team is intended to identify any gaps, deficiencies, or
problems in the delivery of services related to the fatal incident.
29
A review team’s case 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.
30
Review teams were first authorized by the Florida Legislature in 2020.
31
Since 2020, only two review
teams have been established in Florida: one in the Fourth Judicial Circuit
32
and the other in the Fifth
Judicial Circuit.
33
Under current law, a state attorney, or his or her designee, is the only entity permitted
to initiate a review team, the jurisdiction of which is limited to the state attorney’s judicial circuit.
34
The
state attorney or designee who initiated a review team is responsible for calling the first organizational
meeting for the team.
35
21
Id. See also, Mark S. Lachs et al., The Mortality of Elder Mistreatment, 280:5 JAMA at 428-432 (1998). Available at
https://jamanetwork.com/journals/jama/fullarticle/187817 (last visited May 9, 2023).
22
XinQi Dong et al., Elder Abuse as a Risk Factor for Hospitalization in Older Persons, JAMA Intern Med. 173:10 at 911-917 (2013).
Available at https://www.ncbi.nlm.nih.gov/pmc/articles/PMC10001110/pdf/nihms-1865944.pdf (last visited May 9, 2023).
23
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 May 9, 2023).
24
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 May 9, 2023).
25
United States Center for Disease Control and Prevention, Preventing Elder Abuse, Fact Sheet 2021. Available at
https://www.cdc.gov/violenceprevention/pdf/elder/preventingElderAbuseFactsheet.pdf (last visited May 9, 2022).
26
U.S. Department of Justice, National Institute of Justice, Elder Justice Roundtable Report: Medical Forensic Issues Concerning
Abuse and Neglect, October 18, 2000, p. 8. Available at https://www.ncjrs.gov/pdffiles1/nij/242221.pdf (last visited May 9, 2023).
27
Id. at pp. 7-10.
28
S. 415.1103(1)(a), F.S.
29
S. 415.1103(3)(c), F.S.
30
S. 415.1103(3)(b), F.S.
31
Ch. 2020-17, Laws of Fla.
32
State Attorney’s Office of the 4
th
Judicial District, Elder Abuse Fatality Review Team. Available at https://sao4th.com/resources/for-
the-public/elder-abuse-fatality-review-team-eafrt/ (last visited May 9, 2023).
33
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 May 9, 2023).
34
S. 415.1103(1)(a), F.S.
35
S. 415.1103(1)(e), F.S.
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The state attorney assigns closed cases to a review team, redacting identifying information from such
cases before assignment.
36
A case is considered closed when it no longer contains active
37
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 review team are those cases which
are no longer active and are open for public inspection. Additionally, while review team members may
not directly contact a victim’s family, the family of a victim or any other person may voluntarily provide
information to a review team.
38
Such information is subject to public disclosure unless it is otherwise
protected by a public record exemption.
There is currently no public records exemption for the records created or held by a review team. There
is also no public meetings exemption for the meetings held by a review team in which the members
discuss sensitive or personal information. Review teams are not authorized under current law to access
records that are exempt or confidential and exempt from public disclosure; as such, the lack of a public
records exemption has not posed a significant risk to vulnerable persons.
Tied Bill – CS/SB 1540 (2023)
CS/SB 1542 is tied to CS/SB 1540, the policy bill relating to review teams. CS/SB 1540 significantly
expands the scope of the current elder abuse fatality review teams to include vulnerable adults, such
as disabled adults and persons over age 60 recovering from short-term disabilities or surgery, and
deaths associated with exploitation. The tied bill makes other changes to the operations of review
teams, such as allowing other state entities to initiate a review team and allowing for the review of open
cases. These changes greatly expand the types, and sensitivity, of records that a review team may
access, thus creating a risk of disclosure of sensitive, private information.
Effect of the Bill
The bill creates public record and public meeting exemptions related to Elder and Vulnerable Adult
Fatality Review Teams (review teams). The bill requires that any information obtained by a review team
for the purposes of conducting a case review which is exempt or confidential and exempt from public
records requirements retains such status when held by a review team. The bill creates a public record
exemption for information contained in a record created or held by a review team which reveals the
identity of an elder abuse victim or a person responsible for their welfare.
The bill also creates a public meeting exemption for portions of a review team meeting during which the
following are discussed:
The identity of an abuse victim or the person responsible for the victim’s welfare;
The location, address, or other identifying information of a victim’s residence or residential
facility;
The identity of any person reporting abuse, neglect, or exploitation to the central hotline; and
Any information which is otherwise exempt or confidential and exempt.
The bill declares it a public necessity that information that is exempt or confidential and exempt from s.
119.07(1), F.S., and s. 24(a), Article I of the State Constitution remain exempt or confidential and
exempt when held by a review team. The bill specifies that the Legislature finds that it is a public
necessity that information that reveals the identity of a victim of elder or vulnerable adult abuse,
exploitation, or neglect or the identity of persons responsible for the welfare of such victim be
confidential and exempt from public records requirements. The bill provides as a reason that the
disclosure of such sensitive personal information could hamper the open communication and
coordination among the parties involved in the review team, and the harm that would result from the
36
S. 415.1103(1)(e), F.S.
37
See s. 119.011(3), F.S.
38
S. 415.1103(4)(b), F.S.
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release of such information substantially outweighs any public benefit that would be achieved by
disclosure.
The bill also addresses open meetings requirements, stating that the Legislature further finds that it is a
public necessity that portions of meetings of a review team during which exempt or confidential and
exempt information, the identity of the victim, or the identity of persons responsible for the welfare of
the victim is discussed, are exempt from s. 286.011, F.S., and s. 24(b), Art. I of the State Constitution.
The bill states that the failure to close the portions of the meetings in which such sensitive personal
information is discussed would defeat the purpose of the public records exemption. The bill further
includes the Legislature’s finding that the exemption is narrowly tailored to apply to only those portions
of the meetings in which such sensitive personal information is discussed and that the remainder of
such meetings remain open to allow for public oversight.
The bill provides that the public records and public meeting exemptions are subject to the Open
Government Sunset Review Act and will stand repealed on October 2, 2028, unless saved from repeal
by reenactment by the Legislature.
Subject to the Governor’s veto powers, the bill is effective on the same date as the tied bill, which is
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.