Florida Senate - 2025 SB 64 By Senator Garcia 36-00087-25 202564__ Page 1 of 9 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to electronic monitoring devices in 2 long-term care facilities; creating ss. 400.025 and 3 429.265, F.S.; defining the terms “electronic 4 monitoring device” and “representative”; authorizing a 5 resident, or his or her representative, of a nursing 6 home facility or assisted living facility, 7 respectively, to authorize the installation and use of 8 an electronic monitoring device in the resident’s room 9 if specified conditions are met; providing for 10 installation and use of such device if the resident 11 lives in a shared room with another resident with the 12 consent of the other resident or his or her 13 representative; authorizing the other resident or his 14 or her representative to impose conditions on the 15 consent; providing that consent may be withdrawn at 16 any time, verbally or in writing; authorizing 17 facilities to adopt a consent form; providing 18 requirements for the form; prohibiting facilities from 19 denying admission to a person or discharging a 20 resident or otherwise discriminating or retaliating 21 against a resident for the decision to install and use 22 an electronic monitoring device in the resident’s 23 room; providing an administrative penalty; providing a 24 criminal penalty for unlawfully obstructing, tampering 25 with, or destroying an electronic monitoring device or 26 a recording made by such device; specifying who may 27 view or listen to images and sounds broadcast or 28 recorded by an electronic monitoring device; providing 29

Florida Senate - 2025 SB 64 36-00087-25 202564__ Page 2 of 9 CODING: Words stricken are deletions; words underlined are additions. applicability; authorizing the Agency for Health Care 30 Administration to adopt rules; providing an effective 31 date. 32 33 Be It Enacted by the Legislature of the State of Florida: 34 35

Section

Section 400.025, Florida Statutes, is created to 36 read: 37 400.025 Electronic monitoring devices in residents’ rooms.— 38

(1) As used in this section, the term: 39 (a) “Electronic monitoring device” means a surveillance 40 instrument with a fixed-position video camera or an audio 41 recording device, or a combination thereof, which broadcasts or 42 records movement or sounds occurring in the area being 43 surveilled. 44 (b) “Representative” means a person granted a durable power 45 of attorney under

chapter 709, a guardian appointed under 46

chapter 744, or a person designated as a health care surrogate 47 under

chapter 765 who is authorized to make health care 48 decisions on behalf of a person. 49

(2) A resident or a resident’s representative may authorize 50 the installation and use of an electronic monitoring device in 51 the resident’s room in a nursing home facility if all of the 52 following conditions are met: 53 (

a) If the facility has adopted a consent form pursuant to 54 subsection (5), the resident or the resident’s representative 55 completes the form. 56 (

b) The cost of the device and the cost of installing, 57 maintaining, and removing the device, not including the cost of 58

Florida Senate - 2025 SB 64 36-00087-25 202564__ Page 3 of 9 CODING: Words stricken are deletions; words underlined are additions. electricity used for the device, are paid for by the resident or 59 the resident’s representative. 60 (

c) If the resident is living in a room with another 61 resident, the other resident or that resident’s representative 62 consents to the installation and use of the device in the shared 63 room. If the facility has adopted a consent form pursuant to 64 subsection (5), such consent must be obtained by having the 65 other resident or his or her representative complete the form. 66 (3)(

a) If a resident living in a room with another resident 67 wishes to use an electronic monitoring device in the residents’ 68 shared room, but the other resident or his or her representative 69 refuses to consent to the installation and use of an electronic 70 monitoring device in the shared room, the facility must make a 71 reasonable attempt to accommodate the resident wishing to use 72 such device by moving one of the residents to another available 73 room with the consent of such resident or his or her 74 representative. 75 (

b) If the resident wishing to use an electronic monitoring 76 device lives in the same room as another resident, the other 77 resident or his or her representative may place conditions on 78 his or her consent to the use of such device, including, but not 79 limited to, pointing the device away from the other resident or 80 limiting or prohibiting the use of specific devices. If 81 conditions are placed on a resident’s consent in this manner, 82 the electronic monitoring device must be installed and used in a 83 manner consistent with such conditions as long as the resident 84 who imposed the conditions is living in the same room. 85

(4) A resident or his or her representative who has 86 authorized the installation and use of an electronic monitoring 87

Florida Senate - 2025 SB 64 36-00087-25 202564__ Page 4 of 9 CODING: Words stricken are deletions; words underlined are additions. device under this

section may withdraw that authorization 88 verbally or in writing at any time. 89

(5) A nursing home facility may adopt a consent form for 90 installation and use of an electronic monitoring device in the 91 facility. Such form must, at a minimum, include all of the 92 following: 93 (

a) An explanation of this section. 94 (

b) An acknowledgment that the resident or his or her 95 representative has consented to the installation and use of the 96 device in the resident’s room. 97 (

c) If the resident requesting installation and use of the 98 electronic monitoring devices lives in a room with another 99 resident, an acknowledgment that the other resident or other 100 resident’s representative has consented to the installation and 101 use of the device and a description of any conditions placed on 102 that consent as authorized under paragraph (3)(b). 103 (

d) A

section for providing the facility with information 104 regarding the type, function, and use of the device to be 105 installed and used. 106 (

e) A

section stating that the facility is released from 107 liability in any civil or criminal action or administrative 108 proceeding for a violation of the resident’s right to privacy in 109 connection with using the device. 110

(6) A nursing home facility may post a notice in a 111 conspicuous location at the entrance of a resident’s room having 112 an electronic monitoring device, stating that such device is in 113 use in that room. 114

(7) A nursing home facility may not deny a person admission 115 to, or discharge a resident from, the facility or otherwise 116

Florida Senate - 2025 SB 64 36-00087-25 202564__ Page 5 of 9 CODING: Words stricken are deletions; words underlined are additions. discriminate or retaliate against a resident based on his or her 117 decision to install and use an electronic monitoring device in 118 the resident’s room at the facility. The agency shall fine a 119 nursing home facility $500 for each violation of this 120 subsection. 121

(8) It is unlawful for a person, other than the resident 122 and resident’s representative, if any, who authorized the 123 installation and use of an electronic monitoring device in the 124 resident’s room in a nursing home facility, to intentionally 125 obstruct, tamper with, or destroy the device or a recording made 126 by the device. A person who violates this subsection commits a 127 misdemeanor of the first degree, punishable as provided in s. 128 775.082 or s. 775.083. 129

(9) A person may not intentionally view or listen to the 130 images and sounds broadcast or recorded by an electronic 131 monitoring device installed in a resident’s room, unless that 132 person is: 133 (

a) The resident; 134 (

b) The resident’s representative; 135 (

c) Law enforcement personnel; or 136 (

d) An individual authorized by the resident or the 137 resident’s representative to view or listen to the images and 138 sounds broadcast or recorded by the device. 139

(10) This

section does not apply to an electronic 140 monitoring device installed by a law enforcement agency and used 141 solely for legitimate law enforcement purposes. 142

(11) The agency may adopt rules to implement this section. 143

Section

Section 429.265, Florida Statutes, is created to 144 read: 145

Florida Senate - 2025 SB 64 36-00087-25 202564__ Page 6 of 9 CODING: Words stricken are deletions; words underlined are additions. 429.265 Electronic monitoring devices in residents’ rooms.— 146

(1) As used in this section, the term: 147 (a) “Electronic monitoring device” means a surveillance 148 instrument with a fixed-position video camera or an audio 149 recording device, or a combination thereof, which broadcasts or 150 records movement or sounds occurring in the area being 151 surveilled. 152 (b) “Representative” means a person granted a durable power 153 of attorney under

chapter 709, a guardian appointed under 154

chapter 744, or a person designated as a health care surrogate 155 under

chapter 765 who is authorized to make health care 156 decisions on behalf of a person. 157

(2) A resident or a resident’s representative may authorize 158 the installation and use of an electronic monitoring device in 159 the resident’s room in an assisted living facility if all of the 160 following conditions are met: 161 (

a) If the facility has adopted a consent form pursuant to 162 subsection (5), the resident or the resident’s representative 163 completes the form. 164 (

b) The cost of the device and the cost of installing, 165 maintaining, and removing the device, not including the cost of 166 electricity used for the device, is paid for by the resident or 167 the resident’s representative. 168 (

c) If the resident is living in a room with another 169 resident, the other resident or that resident’s representative 170 consents to the installation and use of the device in the shared 171 room. If the facility has adopted a consent form pursuant to 172 subsection (5), such consent must be obtained by having the 173 other resident or his or her representative complete the form. 174

Florida Senate - 2025 SB 64 36-00087-25 202564__ Page 7 of 9 CODING: Words stricken are deletions; words underlined are additions. (3)(

a) If a resident living in a room with another resident 175 wishes to use an electronic monitoring device in the residents’ 176 shared room, but the other resident or his or her representative 177 refuses to consent to the installation and use of an electronic 178 monitoring device in the shared room, the facility must make a 179 reasonable attempt to accommodate the resident wishing to use 180 such device by moving one of the residents to another available 181 room with the consent of such resident or his or her 182 representative. 183 (

b) If the resident wishing to use an electronic monitoring 184 device lives in the same room as another resident, the other 185 resident or his or her representative may place conditions on 186 his or her consent to the use of such device, including, but not 187 limited to, pointing the device away from the other resident or 188 limiting or prohibiting the use of specific devices. If 189 conditions are placed on a resident’s consent in this manner, 190 the electronic monitoring device must be installed and used in a 191 manner consistent with such conditions as long as the resident 192 who imposed the conditions is living in the same room. 193

(4) A resident or his or her representative who has 194 authorized the installation and use of an electronic monitoring 195 device under this

section may withdraw that authorization 196 verbally or in writing at any time. 197

(5) An assisted living facility may adopt a consent form 198 for installation and use of an electronic monitoring device in 199 the facility. Such form must, at a minimum, include all of the 200 following: 201 (

a) An explanation of this section. 202 (

b) An acknowledgment that the resident or his or her 203

Florida Senate - 2025 SB 64 36-00087-25 202564__ Page 8 of 9 CODING: Words stricken are deletions; words underlined are additions. representative has consented to the installation and use of the 204 device in the resident’s room. 205 (

c) If the resident requesting installation and use of the 206 electronic monitoring devices lives in a room with another 207 resident, an acknowledgment that the other resident or other 208 resident’s representative has consented to the installation and 209 use of the device and a description of any conditions placed on 210 that consent as authorized under paragraph (3)(b). 211 (

d) A

section for providing the facility with information 212 regarding the type, function, and use of the device to be 213 installed and used. 214 (

e) A

section stating that the facility is released from 215 liability in any civil or criminal action or administrative 216 proceeding for a violation of the resident’s right to privacy in 217 connection with using the device. 218

(6) An assisted living facility may post a notice in a 219 conspicuous location at the entrance of a resident’s room having 220 an electronic monitoring device, stating that such device is in 221 use in that room. 222

(7) An assisted living facility may not deny a person 223 admission to, or discharge a resident from, the facility or 224 otherwise discriminate or retaliate against a resident based on 225 his or her decision to install and use an electronic monitoring 226 device in the resident’s room at the facility. The agency shall 227 fine an assisted living facility $500 for each violation of this 228 subsection. 229

(8) It is unlawful for a person, other than the resident 230 and resident’s representative, if any, who authorized the 231 installation and use of an electronic monitoring device in the 232

Florida Senate - 2025 SB 64 36-00087-25 202564__ Page 9 of 9 CODING: Words stricken are deletions; words underlined are additions. resident’s room in an assisted living facility, to intentionally 233 obstruct, tamper with, or destroy the device or a recording made 234 by the device. A person who violates this subsection commits a 235 misdemeanor of the first degree, punishable as provided in s. 236 775.082 or s. 775.083. 237

(9) A person may not intentionally view or listen to the 238 images and sounds broadcast or recorded by an electronic 239 monitoring device installed in a resident’s room, unless that 240 person is: 241 (

a) The resident; 242 (

b) The resident’s representative; 243 (

c) Law enforcement personnel; or 244 (

d) An individual authorized by the resident or the 245 resident’s representative to view or listen to the images and 246 sounds broadcast or recorded by the device. 247

(10) This

section does not apply to an electronic 248 monitoring device installed by a law enforcement agency and used 249 solely for legitimate law enforcement purposes. 250

(11) The agency may adopt rules to implement this section. 251

Section 3. This act shall take effect July 1, 2025. 252