The bill CS/HB 223 establishes comprehensive regulations for the use of electronic monitoring devices in long-term care facilities, specifically nursing homes and assisted living facilities, by creating new sections in Florida Statutes (ss. 400.025 and 429.265). It defines "electronic monitoring device" as a fixed-position video camera or audio recording device that captures movement or sounds in the monitored area. Residents or their representatives are permitted to install and use these devices in their rooms, provided they give written notice to the facility, cover the associated costs, and obtain consent from any co-residents in shared rooms. The bill also outlines the consent process, allowing co-residents to impose conditions on the device's use.
Additionally, the bill prohibits facilities from discriminating against residents who choose to install electronic monitoring devices and imposes a fine of $500 for each violation. It criminalizes unauthorized tampering, obstruction, or destruction of these devices, classifying such actions as a first-degree misdemeanor. Access to recordings is restricted to the resident, their representative, law enforcement, or individuals authorized by the resident, and public dissemination of recorded images or sounds is prohibited. The bill clarifies that these regulations do not apply to devices installed by law enforcement for legitimate purposes and allows the Agency for Health Care Administration to adopt necessary rules for implementation. The act is set to take effect on July 1, 2025.