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 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 and prohibits facilities from discriminating against residents for installing monitoring devices, imposing penalties for violations, including administrative fines and criminal penalties for tampering.
Additionally, the bill restricts access to recordings made by the devices, allowing only the resident, their representative, law enforcement, or authorized individuals to view or listen to the recordings, while prohibiting public dissemination online. It also makes it unlawful for anyone other than the resident or their representative to tamper with or destroy the monitoring device, classifying such violations as a first-degree misdemeanor. The regulations do not apply to devices installed by law enforcement for legitimate purposes, and the Agency for Health Care Administration is authorized to adopt necessary rules for implementation. The act is set to take effect on July 1, 2025.