Bill Summary – FastDemocracy

       Florida Senate - 2025                                      SB 64
       
       
        
       By Senator Garcia
       
       
       
       
       
       36-00087-25                                             202564__
                      A bill to be entitled                      
       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       consent; providing that consent may be withdrawn at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.
        
Be It Enacted by the Legislature of the State of Florida:

       Section 1. Section 400.025, Florida Statutes, is created to
read:
       400.025 Electronic monitoring devices in residents’ rooms.—
       (1) As used in this section, the term:
       (a) “Electronic monitoring device” means a surveillance
instrument with a fixed-position video camera or an audio
recording device, or a combination thereof, which broadcasts or
records movement or sounds occurring in the area being
surveilled.
       (b) “Representative” means a person granted a durable power
of attorney under chapter 709, a guardian appointed under
chapter 744, or a person designated as a health care surrogate
under chapter 765 who is authorized to make health care
decisions on behalf of a person.
       (2) A resident or a resident’s representative may authorize
the installation and use of an electronic monitoring device in
the resident’s room in a nursing home facility if all of the
following conditions are met:
       (a) If the facility has adopted a consent form pursuant to
subsection (5), the resident or the resident’s representative
completes the form.
       (b) The cost of the device and the cost of installing,
maintaining, and removing the device, not including the cost of
electricity used for the device, are paid for by the resident or
the resident’s representative.
       (c) If the resident is living in a room with another
resident, the other resident or that resident’s representative
consents to the installation and use of the device in the shared
room. If the facility has adopted a consent form pursuant to
subsection (5), such consent must be obtained by having the
other resident or his or her representative complete the form.
       (3)(a) If a resident living in a room with another resident
wishes to use an electronic monitoring device in the residents’
shared room, but the other resident or his or her representative
refuses to consent to the installation and use of an electronic
monitoring device in the shared room, the facility must make a
reasonable attempt to accommodate the resident wishing to use
such device by moving one of the residents to another available
room with the consent of such resident or his or her
representative.
       (b) If the resident wishing to use an electronic monitoring
device lives in the same room as another resident, the other
resident or his or her representative may place conditions on
his or her consent to the use of such device, including, but not
limited to, pointing the device away from the other resident or
limiting or prohibiting the use of specific devices. If
conditions are placed on a resident’s consent in this manner,
the electronic monitoring device must be installed and used in a
manner consistent with such conditions as long as the resident
who imposed the conditions is living in the same room.
       (4) A resident or his or her representative who has
authorized the installation and use of an electronic monitoring
device under this section may withdraw that authorization
verbally or in writing at any time.
       (5) A nursing home facility may adopt a consent form for
installation and use of an electronic monitoring device in the
facility. Such form must, at a minimum, include all of the
following:
       (a) An explanation of this section.
       (b) An acknowledgment that the resident or his or her
representative has consented to the installation and use of the
device in the resident’s room.
       (c) If the resident requesting installation and use of the
electronic monitoring devices lives in a room with another
resident, an acknowledgment that the other resident or other
resident’s representative has consented to the installation and
use of the device and a description of any conditions placed on
that consent as authorized under paragraph (3)(b).
       (d) A section for providing the facility with information
regarding the type, function, and use of the device to be
installed and used.
       (e) A section stating that the facility is released from
liability in any civil or criminal action or administrative
proceeding for a violation of the resident’s right to privacy in
connection with using the device.
       (6) A nursing home facility may post a notice in a
conspicuous location at the entrance of a resident’s room having
an electronic monitoring device, stating that such device is in
use in that room.
       (7) A nursing home facility may not deny a person admission
to, or discharge a resident from, the facility or otherwise
discriminate or retaliate against a resident based on his or her
decision to install and use an electronic monitoring device in
the resident’s room at the facility. The agency shall fine a
nursing home facility $500 for each violation of this
subsection.
       (8) It is unlawful for a person, other than the resident
and resident’s representative, if any, who authorized the
installation and use of an electronic monitoring device in the
resident’s room in a nursing home facility, to intentionally
obstruct, tamper with, or destroy the device or a recording made
by the device. A person who violates this subsection commits a
misdemeanor of the first degree, punishable as provided in s.
775.082 or s. 775.083.
       (9) A person may not intentionally view or listen to the
images and sounds broadcast or recorded by an electronic
monitoring device installed in a resident’s room, unless that
person is:
       (a) The resident;
       (b) The resident’s representative;
       (c) Law enforcement personnel; or
       (d) An individual authorized by the resident or the
resident’s representative to view or listen to the images and
sounds broadcast or recorded by the device.
       (10) This section does not apply to an electronic
monitoring device installed by a law enforcement agency and used
solely for legitimate law enforcement purposes.
       (11) The agency may adopt rules to implement this section.
       Section 2. Section 429.265, Florida Statutes, is created to
read:
       429.265 Electronic monitoring devices in residents’ rooms.—
       (1) As used in this section, the term:
       (a) “Electronic monitoring device” means a surveillance
instrument with a fixed-position video camera or an audio
recording device, or a combination thereof, which broadcasts or
records movement or sounds occurring in the area being
surveilled.
       (b) “Representative” means a person granted a durable power
of attorney under chapter 709, a guardian appointed under
chapter 744, or a person designated as a health care surrogate
under chapter 765 who is authorized to make health care
decisions on behalf of a person.
       (2) A resident or a resident’s representative may authorize
the installation and use of an electronic monitoring device in
the resident’s room in an assisted living facility if all of the
following conditions are met:
       (a) If the facility has adopted a consent form pursuant to
subsection (5), the resident or the resident’s representative
completes the form.
       (b) The cost of the device and the cost of installing,
maintaining, and removing the device, not including the cost of
electricity used for the device, is paid for by the resident or
the resident’s representative.
       (c) If the resident is living in a room with another
resident, the other resident or that resident’s representative
consents to the installation and use of the device in the shared
room. If the facility has adopted a consent form pursuant to
subsection (5), such consent must be obtained by having the
other resident or his or her representative complete the form.
       (3)(a) If a resident living in a room with another resident
wishes to use an electronic monitoring device in the residents’
shared room, but the other resident or his or her representative
refuses to consent to the installation and use of an electronic
monitoring device in the shared room, the facility must make a
reasonable attempt to accommodate the resident wishing to use
such device by moving one of the residents to another available
room with the consent of such resident or his or her
representative.
       (b) If the resident wishing to use an electronic monitoring
device lives in the same room as another resident, the other
resident or his or her representative may place conditions on
his or her consent to the use of such device, including, but not
limited to, pointing the device away from the other resident or
limiting or prohibiting the use of specific devices. If
conditions are placed on a resident’s consent in this manner,
the electronic monitoring device must be installed and used in a
manner consistent with such conditions as long as the resident
who imposed the conditions is living in the same room.
       (4) A resident or his or her representative who has
authorized the installation and use of an electronic monitoring
device under this section may withdraw that authorization
verbally or in writing at any time.
       (5) An assisted living facility may adopt a consent form
for installation and use of an electronic monitoring device in
the facility. Such form must, at a minimum, include all of the
following:
       (a) An explanation of this section.
       (b) An acknowledgment that the resident or his or her
representative has consented to the installation and use of the
device in the resident’s room.
       (c) If the resident requesting installation and use of the
electronic monitoring devices lives in a room with another
resident, an acknowledgment that the other resident or other
resident’s representative has consented to the installation and
use of the device and a description of any conditions placed on
that consent as authorized under paragraph (3)(b).
       (d) A section for providing the facility with information
regarding the type, function, and use of the device to be
installed and used.
       (e) A section stating that the facility is released from
liability in any civil or criminal action or administrative
proceeding for a violation of the resident’s right to privacy in
connection with using the device.
       (6) An assisted living facility may post a notice in a
conspicuous location at the entrance of a resident’s room having
an electronic monitoring device, stating that such device is in
use in that room.
       (7) An assisted living facility may not deny a person
admission to, or discharge a resident from, the facility or
otherwise discriminate or retaliate against a resident based on
his or her decision to install and use an electronic monitoring
device in the resident’s room at the facility. The agency shall
fine an assisted living facility $500 for each violation of this
subsection.
       (8) It is unlawful for a person, other than the resident
and resident’s representative, if any, who authorized the
installation and use of an electronic monitoring device in the
resident’s room in an assisted living facility, to intentionally
obstruct, tamper with, or destroy the device or a recording made
by the device. A person who violates this subsection commits a
misdemeanor of the first degree, punishable as provided in s.
775.082 or s. 775.083.
       (9) A person may not intentionally view or listen to the
images and sounds broadcast or recorded by an electronic
monitoring device installed in a resident’s room, unless that
person is:
       (a) The resident;
       (b) The resident’s representative;
       (c) Law enforcement personnel; or
       (d) An individual authorized by the resident or the
resident’s representative to view or listen to the images and
sounds broadcast or recorded by the device.
       (10) This section does not apply to an electronic
monitoring device installed by a law enforcement agency and used
solely for legitimate law enforcement purposes.
       (11) The agency may adopt rules to implement this section.
       Section 3. This act shall take effect July 1, 2025.