Florida Senate - 2023 SB 1486 By Senator Hutson 7-00964-23 20231486__ 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; 12 requiring the consent of such other resident or his or 13 her representative; authorizing such other resident or 14 his or her representative to impose conditions on the 15 consent; providing that consent may be withdrawn at 16 any time, verbally or in writing; authorizing 17 facilities to adopt a consent form; providing 18 requirements for the form; prohibiting facilities from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 such 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 - 2023 SB 1486 7-00964-23 20231486__ 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 to make health care decisions on behalf of a 48 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 - 2023 SB 1486 7-00964-23 20231486__ 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 - 2023 SB 1486 7-00964-23 20231486__ 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 with 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 - 2023 SB 1486 7-00964-23 20231486__ 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. A nursing home facility 119 shall be fined $500 for each violation of this subsection. 120

(8) It is unlawful for a person, other than the resident 121 and resident’s representative, if any, who authorized the 122 installation and use of an electronic monitoring device in the 123 resident’s room in a nursing home facility, to intentionally 124 obstruct, tamper with, or destroy the device or a recording made 125 by the device. A person who violates this subsection commits a 126 misdemeanor of the first degree, punishable as provided in s. 127 775.082 or s. 775.083. 128

(9) A person may not intentionally view or listen to the 129 images and sounds broadcast or recorded by an electronic 130 monitoring device installed in a resident’s room, unless that 131 person is: 132 (

a) The resident; 133 (

b) The resident’s representative; 134 (

c) Law enforcement personnel; or 135 (

d) Authorized by the resident or the resident’s 136 representative to view or listen to the images and sounds 137 broadcast or recorded by the device. 138

(10) This

section does not apply to an electronic 139 monitoring device installed by a law enforcement agency and used 140 solely for legitimate law enforcement purposes. 141

(11) The agency may adopt rules to implement this section. 142

Section

Section 429.265, Florida Statutes, is created to 143 read: 144 429.265 Electronic monitoring devices in residents’ rooms.— 145

Florida Senate - 2023 SB 1486 7-00964-23 20231486__ Page 6 of 9 CODING: Words stricken are deletions; words underlined are additions.

(1) As used in this section, the term: 146 (a) “Electronic monitoring device” means a surveillance 147 instrument with a fixed-position video camera or an audio 148 recording device, or a combination thereof, which broadcasts or 149 records movement or sounds occurring in the area being 150 surveilled. 151 (b) “Representative” means a guardian appointed under 152

chapter 744, a person designated as a health care surrogate 153 under

chapter 765, or a person granted a durable power of 154 attorney under

chapter 709 to make health care decisions on 155 behalf of a person. 156

(2) A resident or a resident’s representative may authorize 157 the installation and use of an electronic monitoring device in 158 the resident’s room in an assisted living facility if all of the 159 following conditions are met: 160 (

a) If the facility has adopted a consent form pursuant to 161 subsection (5), the resident or the resident’s representative 162 completes the form. 163 (

b) The cost of the device and the cost of installing, 164 maintaining, and removing the device, not including the cost of 165 electricity used for the device, is paid for by the resident or 166 the resident’s representative. 167 (

c) If the resident is living in a room with another 168 resident, the other resident or that resident’s representative 169 consents to the installation and use of the device in the shared 170 room. If the facility has adopted a consent form pursuant to 171 subsection (5), such consent must be obtained by having the 172 other resident or his or her representative complete the form. 173 (3)(

a) If a resident living in a room with another resident 174

Florida Senate - 2023 SB 1486 7-00964-23 20231486__ Page 7 of 9 CODING: Words stricken are deletions; words underlined are additions. wishes to use an electronic monitoring device in the residents’ 175 shared room, but the other resident or his or her representative 176 refuses to consent to the installation and use of an electronic 177 monitoring device in the shared room, the facility must make a 178 reasonable attempt to accommodate the resident wishing to use 179 such device by moving one of the residents to another available 180 room with the consent of such resident or his or her 181 representative. 182 (

b) If the resident wishing to use an electronic monitoring 183 device lives in the same room as another resident, the other 184 resident or his or her representative may place conditions on 185 his or her consent to the use of such device, including, but not 186 limited to, pointing the device away from the other resident or 187 limiting or prohibiting the use of specific devices. If 188 conditions are placed on a resident’s consent in this manner, 189 the electronic monitoring device must be installed and used in a 190 manner consistent with such conditions as long as the resident 191 who imposed the conditions is living in the same room. 192

(4) A resident or his or her representative who has 193 authorized the installation and use of an electronic monitoring 194 device under this

section may withdraw that authorization 195 verbally or in writing at any time. 196

(5) An assisted living facility may adopt a consent form 197 for installation and use of an electronic monitoring device in 198 the facility. Such form must, at a minimum, include all of the 199 following: 200 (

a) An explanation of this section. 201 (

b) An acknowledgment that the resident or his or her 202 representative has consented to the installation and use of the 203

Florida Senate - 2023 SB 1486 7-00964-23 20231486__ Page 8 of 9 CODING: Words stricken are deletions; words underlined are additions. device in the resident’s room. 204 (

c) If the resident requesting installation and use of the 205 electronic monitoring devices lives in a room with another 206 resident, an acknowledgment that the other resident or other 207 resident’s representative has consented to the installation and 208 use of the device and a description of any conditions placed on 209 that consent as authorized under paragraph (3)(b). 210 (

d) A

section for providing the facility with information 211 regarding the type, function, and use of the device to be 212 installed and used. 213 (

e) A

section stating that the facility is released from 214 liability in any civil or criminal action or administrative 215 proceeding for a violation of the resident’s right to privacy in 216 connection with using the device. 217

(6) An assisted living facility may post a notice in a 218 conspicuous location at the entrance of a resident’s room with 219 an electronic monitoring device stating that such device is in 220 use in that room. 221

(7) An assisted living facility may not deny a person 222 admission to, or discharge a resident from, the facility or 223 otherwise discriminate or retaliate against a resident based on 224 his or her decision to install and use an electronic monitoring 225 device in the resident’s room at the facility. An assisted 226 living facility shall be fined $500 for each violation of this 227 subsection. 228

(8) It is unlawful for a person, other than the resident 229 and resident’s representative, if any, who authorized the 230 installation and use of an electronic monitoring device in the 231 resident’s room in an assisted living facility, to intentionally 232

Florida Senate - 2023 SB 1486 7-00964-23 20231486__ Page 9 of 9 CODING: Words stricken are deletions; words underlined are additions. obstruct, tamper with, or destroy the device or a recording made 233 by the device. A person who violates this subsection commits a 234 misdemeanor of the first degree, punishable as provided in s. 235 775.082 or s. 775.083. 236

(9) A person may not intentionally view or listen to the 237 images and sounds broadcast or recorded by an electronic 238 monitoring device installed in a resident’s room, unless that 239 person is: 240 (

a) The resident; 241 (

b) The resident’s representative; 242 (

c) Law enforcement personnel; or 243 (

d) Authorized by the resident or the resident’s 244 representative to view or listen to the images and sounds 245 broadcast or recorded by the device. 246

(10) This

section does not apply to an electronic 247 monitoring device installed by a law enforcement agency and used 248 solely for legitimate law enforcement purposes. 249

(11) The agency may adopt rules to implement this section. 250

Section 3. This act shall take effect July 1, 2023. 251