The Florida Senate
HOUSE MESSAGE SUMMARY
Prepared By: The Professional Staff of the Committee on Children, Families, and Elder Affairs
[2023s01540.hms.cf.docx]
BILL: SB 1540
INTRODUCER: Garcia
SUBJECT: Elder Abuse and Vulnerable Adult Fatality Review Teams
DATE: May 2, 2023
I.Amendments Contained in Message:
House Amendment 1 - 255691
II.Summary of Amendments Contained in Message:
House Amendment 1 – 255691 contains the contents of HB 1567, the House companion to SB
1540. The differences between SB 1540 and HB 1567 are as follows:
Removal of Near-Fatal Incident Reviews
The amendment removes the ability of elder abuse and vulnerable adult fatality review teams
(review teams) to review near-fatal incidents of elder or vulnerable adult abuse. Under the
amendment, review teams will review only fatal incidents.
Co-Chair Requirement
The amendment also requires a representative of the entity initiating a review team, who is
chosen by that entity, to serve as a co-chair of the team. Members of a review team must elect a
member of the team to serve as an additional co-chair at the review team’s initial meeting. The
elected co-chair must serve a 2-year term and may be reelected by a majority vote of the team for
no more than two consecutive terms. SB 1540 currently does not require review teams to elect
chairs or co-chairs.
Confidentiality Agreements and Written Acknowledgements
The amendment requires all members of a review team to sign a written acknowledgement that
each member is obligated to comply with the applicable provisions of ch. 119, F.S., and s. 24(a),
Art. 1 of the Florida Constitution, and may not knowingly disclose or reveal information or
records produced, acquired, or discussed by the review team which are confidential and exempt.
The written acknowledgement must reference applicable criminal penalties for such disclosures
and clearly identify the records for which such penalties apply. The entity initiating a review
team is required to provide the acknowledgement form to be signed by each review team
member and must provide training to review team members on the requirements regarding
records which are exempt or confidential and exempt.
BILL: SB 1540 Page 2
SB 1540 currently requires review team members to sign a confidentiality agreement
acknowledging the requirement to protect confidential and exempt oral or written
communications, information, or records produced or acquired by the review team from
unauthorized disclosure. A review team member who knowingly and willfully discloses
confidential and exempt oral or written communications, information, or records produced or
acquired by the review team commits a misdemeanor of the second degree, punishable as
provided in s. 775.082 or s. 775.083. The confidentiality agreement must reference such
penalties.
The amendment eliminates the requirement to sign confidentiality agreements and replaces it
with the requirement to sign written acknowledgements, which reference any applicable criminal
penalties for unauthorized disclosures rather than specifically stating that unauthorized disclosure
results in commission of a second degree misdemeanor.
Miscellaneous Provisions
The amendment also:
 Does not allow a designee of a state attorney to initiate a team;
 Specifies that the geographic area served by a review team must be within the jurisdiction or
service area of the initiating entity;
 Provides a definition of ‘vulnerable adult’ (specifies that vulnerable adult has the same
meaning as in s. 415.102, F.S.); and
 Does not specifically prohibit disclosure of information or records (only prohibits making
records subject to discovery or introduction into evidence).


Statutes affected:
S 1540 Filed: 415.1103
S 1540 c1: 415.1103
S 1540 e1: 415.1103
S 1540 er: 415.1103