HB 253 — Elder Abuse Fatality Review Teams

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 CS/CS/HBCS/HB 253 2020 A bill to be entitled An act relating to elder abuse fatality review teams;

authorizing athe stateestablishment attorney,of orelder hisabuse orfatality herreview designee,teams toin initiateeach anjudicial eldercircuit, abuseto fatalitybe reviewhoused, teamfor administrative purposes only, in histhe orDepartment herof judicialElderly circuit;Affairs;

defining the term "closed case";

hb0253-02-c2hb0253-01-c1 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 CS/CS/HBCS/HB 253 2020 Be It Enacted by the Legislature of the State of Florida:

415.1103 Elder abuse fatality review teams.— (1)(a) AAn state attorney, or his or her designee, may initiate an elder abuse fatality review team inmay hisbe orestablished herin each judicial circuit to review deaths of elderly persons found to have been caused by, or related to, abuse or neglect.

The review teams shall be housed, for administrative purposes only, in the Department of Elderly Affairs.

11.

The clerk of the court.

hb0253-02-c2hb0253-01-c1 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 CS/CS/HBCS/HB 253 2020 12.11.

The clerk of the court.

12.

(c) ParticipationA instate attorney, or his or her designee, may initiate the establishment of a review team isin voluntary.his or her judicial circuit and may call the first organizational meeting of the team.

MembersAt the initial meeting, members of a review team shall servechoose withouttwo compensationmembers andto mayserve notas beco-chairs reimbursedand forshall perestablish diema orPage travel3 expenses.of 7 CODING:

Members shall serve for terms of 2 years, to be staggered as determined by the co- chairs.

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hb0253-02-c2hb0253-01-c1 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 CS/CS/HBCS/HB 253 2020 (d)schedule Thefor statefuture attorneymeetings. may call the first organizational meeting of the team.

At(d) theParticipation initialin meeting, members of a review team shallis choosevoluntary. two members to serve as co-chairs.

Members of a review team shall serve without compensation and may not be reimbursed for per diem or travel expenses.

(e) Members shall serve for terms of 2 years, to be staggered as determined by the co-chairs.

At(f) theEach initialreview meeting,team membersshall ofdetermine aits reviewlocal teamoperations, shallincluding, establishbut anot schedulelimited to, the process for futurecase meetings.selection.

Reviews must be limited to closed cases in which an elderly person's death is found to have been caused by, or related to, abuse or neglect.

All identifying information concerning the person must be redacted in documents received for review.

(e)(g) EachAdministrative reviewcosts teamof shalloperating determinethe itsreview localteam operations,must including,be butborne notby limitedthe to,team themembers processor forentities casethat selection.they represent.

The state attorney shall refer cases to be reviewed by each team.

Reviews must be limited to closed cases in which an elderly person's death was caused by, or related to, abuse or neglect.

All identifying information concerning the elderly person must be redacted by the state attorney in documents received for review.

As used in this paragraph, the term "closed case" means a case that does not involve information considered active as defined in s.

119.011(3)(d).

(f) Administrative costs of operating the review team must be borne by the team members or entities they represent.

(a) Review deaths of elderly persons in its judicial Pagecircuit 4which ofare 7found CODING:to have been caused by, or related to, abuse or neglect.

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hb0253-02-c2hb0253-01-c1 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 CS/CS/HBCS/HB 253 2020 circuit(b) whichTake areinto foundconsideration the events leading up to havea beenfatal causedincident, by,available community resources, current law and policies, and the actions taken by systems or individuals related to,to abusethe orfatal neglect.incident.

(b) Take into consideration the events leading up to a fatal incident, available community resources, current law and policies, and the actions taken by systems or individuals related to the fatal incident.

A member of the deceased elder's family may voluntarily provide information or any record to a review team but must be informed that such information or any record is subject to public disclosure unless a public records exemption Page 5 of 7 CODING:

hb0253-02-c2hb0253-01-c1 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 CS/CS/HBCS/HB 253 2020 but must be informed that such information or any record is subject to public disclosure unless a public records exemption applies.

(6) There is no monetary liability on the part of, and a cause of action for damages may not arise against, any member of an elder abuse fatality review team due to the performance of his or her duties as a review team member in regard to any Page 6 of 7 CODING:

hb0253-02-c2hb0253-01-c1 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 CS/CS/HBCS/HB 253 2020 an elder abuse fatality review team due to the performance of his or her duties as a review team member in regard to any discussions by, or deliberations or recommendations of, the team or the member unless such member acted in bad faith, with wanton and willful disregard of human rights, safety, or property.

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