The bill establishes new regulations for the use of electronic monitoring devices in long-term care facilities, specifically nursing homes and assisted living facilities, by creating 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 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, and prohibits facilities from discriminating against residents who choose to install such devices.
Additionally, the bill imposes penalties for violations, including a $500 fine for facilities that deny admission or discharge residents based on their decision to install monitoring devices. It criminalizes the intentional obstruction, tampering, or destruction of these devices by anyone other than the resident or their representative, classifying such actions as a first-degree misdemeanor. Access to recordings is restricted to authorized individuals, including the resident, their representative, and law enforcement, while 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 rules for implementation. The act is set to take effect on July 1, 2025.