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FL S0064

FL S0064
Electronic Monitoring Devices in Long-term Care Facilities


summary

Introduced
11/22/2024
In Committee
01/15/2025
Crossed Over
Passed
Dead
06/16/2025

Introduced Session

2025 Regular Session

Bill Summary

An act relating to electronic monitoring devices in long-term care facilities; creating ss. 400.025 and 429.265, F.S.; defining the terms “electronic monitoring device” and “representative”; authorizing a resident, or his or her representative, of a nursing home facility or assisted living facility, respectively, to authorize the installation and use of an electronic monitoring device in the resident’s room if specified conditions are met; providing for installation and use of such device if the resident lives in a shared room with another resident with the consent of the other resident or his or her representative; authorizing the other resident or his or her representative to impose conditions on the consent; providing that consent may be withdrawn at any time, verbally or in writing; authorizing facilities to adopt a consent form; providing requirements for the form; prohibiting facilities from denying admission to a person or discharging a resident or otherwise discriminating or retaliating against a resident for the decision to install and use an electronic monitoring device in the resident’s room; providing an administrative penalty; providing a criminal penalty for unlawfully obstructing, tampering with, or destroying an electronic monitoring device or a recording made by such device; specifying who may view or listen to images and sounds broadcast or recorded by an electronic monitoring device; providing applicability; authorizing the Agency for Health Care Administration to adopt rules; providing an effective date.

AI Summary

This bill creates new legal provisions for electronic monitoring devices in nursing homes and assisted living facilities in Florida, allowing residents or their legal representatives to install surveillance equipment in their rooms under specific conditions. The bill defines an electronic monitoring device as a fixed-position camera or audio recording device that captures movement or sounds, and defines a "representative" as someone with legal authority to make healthcare decisions, such as a person with power of attorney or a court-appointed guardian. Residents can install these devices if they complete a facility-provided consent form, pay for the device and its installation, and obtain consent from roommates if applicable. The bill protects residents by prohibiting facilities from denying admission or retaliating against residents who choose to use electronic monitoring, and establishes strict privacy guidelines about who can view or listen to the recordings, limiting access primarily to the resident, their representative, law enforcement, or specifically authorized individuals. The bill also creates criminal penalties for anyone who intentionally obstructs, tampers with, or destroys these monitoring devices, with violations punishable as a first-degree misdemeanor. Facilities are required to make reasonable accommodation if roommates disagree about device installation, such as potentially moving one resident to another room. The provisions apply to both nursing homes and assisted living facilities, with the law set to take effect on July 1, 2025.

Sponsors (2)

Last Action

Died in Health Policy (on 06/16/2025)

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